1Establishing a grant program for municipalities to establish
2code enforcement programs and hire code enforcement
3personnel; providing for powers and duties of the Department
4of Community and Economic Development; and providing for
5imposition of a surcharge.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Municipal
10Code Enforcement Act.

11Section 2. Legislative intent.

12The purpose of this act is to provide start-up seed money for
13individual municipalities, two or more municipalities pursuant
14to 53 Pa.C.S. Ch. 23 (relating to general provisions), councils
15of governments or a multimunicipal code enforcement entity
16established by a county or counties, for the purpose of
17municipal code enforcement within that county or region.

18Section 3. Definitions.

1The following words and phrases when used in this act shall
2have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Blighted property." Any of the following:

5(1) A premises which, because of physical condition or
6use, is regarded as a public nuisance at common law or has
7been declared a public nuisance in accordance with the local
8housing, building, plumbing, property maintenance, fire and
9related codes and ordinances, including nuisance and
10dangerous building ordinances.

11(2) A premises which, because of physical condition, use
12or occupancy, is considered an attractive nuisance to
13children, including, but not limited to, abandoned wells,
14shafts, basements, excavations and unsafe fences or
15structures.

16(3) A dwelling which, because it is dilapidated,
17unsanitary, unsafe, vermin-infested or lacking in the
18facilities and equipment required by the housing code of the
19municipality, has been designated by the department
20responsible for enforcement of the code as unfit for human
21habitation.

22(4) A structure which is a fire hazard or is otherwise
23dangerous to the safety of persons or property.

24(5) A structure from which the utilities, plumbing,
25heating, sewerage or other facilities have been disconnected,
26destroyed, removed or rendered ineffective so that the
27property is unfit for its intended use.

28(6) A vacant or unimproved lot or parcel of ground in a
29predominantly built-up neighborhood which by reason of
30neglect or lack of maintenance has become a place for

1accumulation of trash and debris or a haven for rodents or
2other vermin.

3(7) An unoccupied property which has been tax delinquent
4for a period of two years and those in the future having a
5two-year tax delinquency.

6(8) A property which is vacant but not tax delinquent
7and which has not been rehabilitated within one year of the
8receipt of notice to rehabilitate from the appropriate code
9enforcement agency.

10"Department." The Department of Community and Economic
11Development of the Commonwealth.

12"Municipality." A city, borough, incorporated town, township
13or home rule, optional plan or optional charter municipality or
14public authority within this Commonwealth.

15Section 4. Code enforcement grant program.

16(a) Establishment.--

17(1) The department shall issue grants to eligible
18municipalities for the purpose of reducing blighted property
19conditions through the establishment of special code
20enforcement programs to address blighted property where a
21municipal code enforcement program already exists or the
22establishment of code enforcement programs and the hiring and
23training of code enforcement personnel in those
24municipalities without an existing code enforcement program.

25(2) Municipalities subject to the act of July 10, 1987
26(P.L.246, No.47), known as the Municipalities Financial
27Recovery Act, shall be given priority consideration in the
28issuing of grants under this section.

29(b) Competitive awards.--The department shall issue grants
30under this section to eligible municipalities on a competitive

1basis according to the following criteria:

2(1) The benefit to the municipality of having an
3adequately funded building code enforcement department.

4(2) Whether the municipality's building code enforcement
5department demonstrates an ability to work cooperatively with
6other local code enforcement offices, health departments and
7local prosecutorial agencies.

8(3) Whether the municipality demonstrates a financial
9need for the grant.

10(4) Any other criteria established by the department.

11(c) Eligibility.--In order to receive a grant under this
12section, a municipality must submit an application acceptable to
13the department and satisfy the criteria established under
14subsection (b).

15(d) Matching funds.--A municipality shall provide its own
16funds or in-kind contributions, approved by the department as
17determined by regulations promulgated by the department under
18section 6, equal to the amount of the grant provided, and shall
19dedicate and expend those funds for the purpose for which the
20grant was awarded.

21(e) Limitations.--

22(1) Grants issued under this section shall not be
23provided to the same recipient for more than three
24consecutive years.

25(2) A grant issued under this section may not exceed
26$100,000.

27Section 5. Imposition of surcharge.

28(a) Imposition.--

29(1) Upon a subsequent inspection by a local code
30official, a surcharge of $250 shall be imposed on a real

1property owner in violation of one or more provisions of a
2municipal code relating to blighted property.

3(2) The surcharge imposed under paragraph (1) shall be
4in addition to any other applicable fees or charges lawfully
5imposed and collected by the municipality or court.

6(b) Collection.--

7(1) The municipality shall collect the surcharge under
8subsection (a) and remit the moneys to the department on a
9quarterly basis.

10(2) The department shall use the moneys collected under
11paragraph (1) to fund the grants issued under section 4.

12Section 6. Regulations.

13Within 90 days of the effective date of this section, the
14department shall promulgate regulations to carry out the
15provisions of this act. The regulations to implement section
164(b) may include, but not be limited to:

17(1) The age of the existing housing stock in the
18municipality.

19(2) The municipality's existing tax base.

20(3) The existing financial condition of the
21municipality.

22Section 7. Effective date.

23This act shall take effect in 90 days.