PRINTER'S NO. 1126
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
909
Session of
2015
INTRODUCED BY ROSS, HARPER, GINGRICH, FREEMAN AND M. DALEY,
APRIL 8, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 8, 2015
AN ACT
Amending the act of July 7, 1947 (P.L.1368, No.542), entitled,
as amended, "An act amending, revising and consolidating the
laws relating to delinquent county, city, except of the first
and second class and second class A, borough, town, township,
school district, except of the first class and school
districts within cities of the second class A, and
institution district taxes, providing when, how and upon what
property, and to what extent liens shall be allowed for such
taxes, the return and entering of claims therefor; the
collection and adjudication of such claims, sales of real
property, including seated and unseated lands, subject to the
lien of such tax claims; the disposition of the proceeds
thereof, including State taxes and municipal claims recovered
and the redemption of property; providing for the discharge
and divestiture by certain tax sales of all estates in
property and of mortgages and liens on such property, and the
proceedings therefor; creating a Tax Claim Bureau in each
county, except counties of the first and second class, to act
as agent for taxing districts; defining its powers and
duties, including sales of property, the management of
property taken in sequestration, and the management, sale and
disposition of property heretofore sold to the county
commissioners, taxing districts and trustees at tax sales;
providing a method for the service of process and notices;
imposing duties on taxing districts and their officers and on
tax collectors, and certain expenses on counties and for
their reimbursement by taxing districts; and repealing
existing laws," in sale of property, providing for additional
costs for rehabilitation and maintenance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The act of July 7, 1947 (P.L.1368, No.542), known
as the Real Estate Tax Sale Law, is amended by adding a section
to read:
Section 612.3. Additional Costs for Rehabilitation and
Maintenance.--(a) Notwithstanding the limitations contained in
section 206, in the case of property exposed to upset sale and
not sold at upset sale, the bureau may incur, and may recover as
costs from proceeds prior to any distribution in a subsequent
sale to the extent authorized by this or any other act, the
following:
(1) Costs of rehabilitation and maintenance as may be, in
the sole discretion of the bureau, reasonably necessary to
address safety issues or restore or maintain the property in a
salable condition.
(2) Costs of rehabilitation and maintenance necessary to
ensure the property is maintained in compliance with property
maintenance codes.
(b) This section may not be construed as creating any
affirmative duty on the part of the county or bureau to
rehabilitate or maintain property or as imposing any liability
on a county or bureau for injuries to persons or property that
may occur on property subject to rehabilitation and maintenance
under this section.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Costs of Maintenance," costs and expenses for materials and
services related to the upkeep or preservation of the condition
of the property, including ordinary and necessary repairs.
"Costs of Rehabilitation," costs and expenses for
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construction, stabilization, rehabilitation, demolition and
reasonable nonconstruction costs. The term includes
environmental remediation, architectural, engineering and legal
fees, permits, financing fees and insurance costs. The term does
not include construction of new structures.
"Property Maintenance Codes," municipal ordinances that
regulate the maintenance or development of real property. The
term includes building codes, housing codes and public safety
codes.
Section 2. This act shall take effect immediately.
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