PRINTER'S NO. 3702
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2239
Session of
2015
INTRODUCED BY HARHAI, KOTIK, SCHLOSSBERG, DUNBAR, GIBBONS,
HENNESSEY, READSHAW AND CALTAGIRONE, JULY 1, 2016
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JULY 1, 2016
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in neighborhood blight reclamation and
revitalization, establishing a grant program for
municipalities to establish code enforcement programs and
hire code enforcement personnel, providing for powers and
duties of the Department of Community and Economic
Development and for imposition of a fee and establishing the
Municipal Property Maintenance Code Assistance Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 61 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER B.1
MUNICIPAL PROPERTY MAINTENANCE CODE ASSISTANCE
Sec.
6121. Scope of subchapter.
6122. Legislative intent.
6123. Definitions.
6124. Code enforcement grant program.
6125. Imposition of fee.
6126. Fund.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
6127. Report to General Assembly.
6128. Guidelines.
§ 6121. Scope of subchapter.
This subchapter relates to municipal property maintenance
code assistance.
§ 6122. Legislative intent.
The purpose of this subchapter is to provide funding for
individual municipalities, two or more municipalities under
Subchapter A of Chapter 23 (relating to intergovernmental
cooperation), councils of governments or a multimunicipal code
enforcement entity, for the purpose of municipal property
maintenance code enforcement within that county or region in
order to prevent and eradicate blighted property conditions.
§ 6123. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Blighted property." Any of the following:
(1) A premises that, because of physical condition or
use, is regarded as a public nuisance at common law or has
been declared a public nuisance in accordance with a local
housing, building, plumbing, property maintenance, fire or
related code and ordinance, including a nuisance and
dangerous buildings ordinance.
(2) A premises that, because of physical condition, use
or occupancy, is considered an attractive nuisance to
children, including, but not limited to, an abandoned well,
shaft, basement, excavation and unsafe fence or structure.
(3) A dwelling that, because it is dilapidated,
unsanitary, unsafe, vermin infested or lacking in facilities
20160HB2239PN3702 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and equipment required by the housing code of a municipality,
has been designated by the department responsible for
enforcement of the code as unfit for human habitation.
(4) A structure that is a fire hazard or otherwise
dangerous to the safety of persons or property.
(5) A structure from which the utilities, plumbing,
heating, sewage or other facilities have been disconnected,
destroyed, removed or rendered ineffective so that the
property is unfit for its intended use.
(6) A vacant or unimproved lot or parcel of ground in a
predominantly built-up neighborhood that by reason of neglect
or lack of maintenance has become a place for accumulation of
trash and debris or a haven for rodents or other vermin.
(7) An unoccupied property that has been or becomes tax
delinquent for a period of at least two years.
(8) A property that is vacant, but is not tax
delinquent, and has not been rehabilitated within one year of
receipt of notice to rehabilitate from the appropriate code
enforcement agency.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Fund." The Municipal Property Maintenance Code Assistance
Fund established in this subchapter.
"Municipal code" or "code." A building, housing, property
maintenance, fire, health or other public safety ordinance,
related to the use or maintenance of real property, enacted by a
municipality. The term does not include a subdivision and land
development ordinance or a zoning ordinance enacted by a
municipality.
"Municipality." A city, borough, incorporated town, township
20160HB2239PN3702 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or home rule, optional plan or optional charter municipality or
municipal authority within this Commonwealth or any entity
formed under Subchapter A of Chapter 23 (relating to
intergovernmental cooperation).
§ 6124. Code enforcement grant program.
(a) Establishment.--The department shall issue grants to
municipalities for the purpose of reducing blighted property
conditions through:
(1) the establishment of special code enforcement
programs to address blighted property conditions, where a
municipal code enforcement program already exists; or
(2) the establishment of code enforcement programs and
the hiring and training of code enforcement personnel in
those municipalities without an existing code enforcement
program.
(b) Competitive awards.--The department shall issue grants
under this section to municipalities on a competitive basis
according to the following criteria:
(1) The benefit to the municipality of having an
adequately funded and staffed code enforcement department.
(2) Whether the municipality's building code enforcement
department demonstrates an ability to work cooperatively with
other local code enforcement offices, health departments and
local prosecutorial agencies.
(3) Whether the municipality demonstrates a financial
need for the grant.
(4) The overall condition of the real property within
the municipality.
(c) Eligibility.--In order to receive a grant under this
section, a municipality must submit an application acceptable to
20160HB2239PN3702 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the department and that addresses the criteria established under
subsection (b).
(d) Matching funds.--A municipality shall provide its own
funds or in-kind contributions, approved by the department as
determined by guidelines established by the department under
section 6128 (relating to guidelines), equal to the amount of
the grant provided, and shall dedicate and expend those funds
for the purpose for which the grant was awarded.
(e) Limitations.--
(1) Grants issued under this section shall not be
provided to the same recipient for more than three
consecutive years.
(2) No grant issued under this section may be used to
pay code enforcement personnel unless the individual has
acquired relevant certification or training in property
maintenance.
§ 6125. Imposition of fee.
(a) General rule.--A municipality administering and
enforcing the act of November 10, 1999 (P.L.491, No.45), known
as the Pennsylvania Construction Code Act, as provided under
section 501(a) of that act, and a third-party agency providing
services under section 501(e) of that act, shall assess a fee of
$1 on each construction or building permit issued under the
authority of that act. The fee shall be in addition to any other
fee imposed for the permit.
(b) Collection.--
(1) Money collected under subsection (a) shall be
transmitted on a quarterly basis to the State Treasury and
deposited in the fund established by section 6126 (relating
to fund).
20160HB2239PN3702 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The department shall use the money collected under
paragraph (1) to fund the grants issued under section 6124
(relating to code enforcement grant program).
§ 6126. Fund.
(a) Establishment.--The Municipal Property Maintenance Code
Assistance Fund is established within the State Treasury. The
money in the fund is hereby appropriated to the department on a
continuing basis for the purposes specified in this subchapter.
(b) Contents.--The fund shall consist of the fee deposited
under section 6125(a) (relating to imposition of fee) and the
interest earned on the fee.
(c) Use of funds.--The fund shall be used by the department
exclusively for the purpose of issuing the grants provided for
under section 6124 (relating to code enforcement grant program).
The department may utilize up to 5% of the total money collected
and deposited in the fund within the fiscal year to cover the
administrative costs associated with the program.
§ 6127. Report to General Assembly.
The department shall submit an annual report to the Urban
Affairs and Housing Committee of the Senate and the Urban
Affairs Committee of the House of Representatives concerning the
implementation of this subchapter. The report shall include the
total amount of money collected and deposited into the fund as
well as the number of grants awarded and the recipients of those
grants.
§ 6128. Guidelines.
Within 180 days of the effective date of this section, the
department shall establish guidelines to carry out the
provisions of this subchapter. The guidelines to implement
section 6124(b) (relating to code enforcement grant program) may
20160HB2239PN3702 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
include, but not be limited to:
(1) The age of the existing housing stock in the
municipality.
(2) The municipality's existing tax base.
(3) The existing financial condition of the
municipality.
Section 2. This act shall take effect in 120 days.
20160HB2239PN3702 - 7 -
1
2
3
4
5
6
7