Regular Session 2021-2022 House Bill 2329 P.N. 2723

PRINTER'S NO. 2723

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2329

Session of

2022

INTRODUCED BY STURLA, MERSKI, DeLUCA, HILL-EVANS, PARKER,

McNEILL, N. NELSON, SANCHEZ, SCHLOSSBERG, DELLOSO, R. BROWN,

NEILSON, CIRESI, WELBY AND CEPHAS, FEBRUARY 9, 2022

REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 9, 2022

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in neighborhood blight reclamation and

revitalization, providing for State blight data collection

system.

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 C.1

STATE BLIGHT DATA COLLECTION SYSTEM

Sec.

6135.1. Definitions.

6135.2. Property Maintenance Code Violations Registry.

6135.3. Property maintenance code violation reports.

6135.4. Dissemination of information by department.

6135.5. Expungement.

6135.6. Administrative requirements.

6135.7. Audit.

6135.8. Imposition of surcharge.

6135.9. Duty of Attorney General.

§ 6135.1. 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:

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Municipal claim." The term shall mean the same as defined

in the act of May 16, 1923 (P.L.207, No.153), referred to as the

Municipal Claim and Tax Lien Law.

"Registry." The Property Maintenance Code Violations

Registry established under section 6135.2 (relating to Property

Maintenance Code Violations Registry).

§ 6135.2. Property Maintenance Code Violations Registry.

(a) Establishment.--The Property Maintenance Code Violations

Registry is established. The department shall implement and

administer the registry.

(b) Purpose.--The registry shall contain property

maintenance code violation reports filed by municipalities under

section 6135.3 (relating to property maintenance code violation

reports).

§ 6135.3. Property maintenance code violation reports.

(a) Duty to file report.--A municipality shall file a

property maintenance code violation report for a person who owns

real property within the municipality with current serious

property maintenance code violations that remain unabated for at

least 180 days.

(b) Forms provided.--Property maintenance code violation

reports shall be made on forms provided by the department and

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submitted electronically.

violation reports shall include the following information:

(1) The name of the owner whose real property has been

cited for a serious property maintenance code violation.

(2) If the real property is owned by a corporation,

limited liability company or other business entity, the

information on record at the Department of Transportation in

connection with the driver's licenses for each officer of the

corporation.

(3) The physical address and county of the real

property.

(4) A description of the condition of the real property

that resulted in the serious property maintenance code

violation and substantial steps the owner has taken to

correct the violation.

(5) The date of the original property maintenance code

violation and subsequent follow-up inspections.

(6) The number of municipal claims or liens attached to

the real property.

(7) The name of the municipality filing the report.

(d) Expungement.--A municipality that files a property

maintenance code violation report shall follow the guidelines

for expungement under section 6135.5 (relating to expungement).

(e) Failure to report compliance.--In the event that the

appropriate State agency or municipality fails to issue a letter

indicating either tax, water, sewer, refuse, State law or code

compliance or noncompliance, within 45 days of the request, the

property in question shall be deemed to be in compliance for the

purposes of this section.

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§ 6135.4. Dissemination of information by department.

(a) Availability of information.--Information contained in a

property maintenance code violation report shall be accessible

for inspection and duplication in accordance with the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(b) Requests by municipalities.--

(1) A municipality may request a copy of a property

maintenance code violation report on a pending applicant for

a municipal permit by submitting a property maintenance code

violation report request form to the department or requesting

the form electronically.

(2) The department shall disseminate a property

maintenance code violation report relating to a municipal

permit applicant to the requesting municipality within five

business days of receipt of a property maintenance code

violation report request from the municipality.

(3) The municipality shall notify an applicant in

writing of the reasons for a decision that denies the

applicant a municipal permit if the decision is based in

whole or in part on information contained in the registry.

(1) A Commonwealth agency may request a copy of a

property maintenance code violation report on a pending

applicant for licensing or certification by submitting a

property maintenance code violation report request form to

the department or requesting the form electronically.

(2) The department shall disseminate a property

maintenance code violation report relating to a State license

or certification applicant to a requesting Commonwealth

agency within two weeks of receipt of a property maintenance

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code violation report request from the agency.

(3) The Commonwealth agency shall notify the applicant

in writing of the reasons for a decision that denies the

licensing or certification requested by the applicant if the

decision is based in whole or in part on information

contained in the registry.

(d) Hearing.--If requested by an applicant, a hearing shall

be scheduled by the municipality or Commonwealth agency, as

applicable, on:

(1) Appeal of a decision made as a result of municipal

property maintenance code violation convictions under

subsection (b)(3) or (c)(3).

(2) If the applicant can show cause why the municipal

property maintenance code violation should not be considered,

the municipal or Commonwealth agency shall reevaluate a

request by the applicant for a municipal permit, State

license or certification, as applicable.

(e) Record of dissemination.--The department shall maintain

a listing of Commonwealth agencies and all municipalities that

have requested information on a particular real property owner

and the date on which the information was disseminated. This

listing shall be maintained separate from the registry.

(f) Fee.--The department may not assess a fee for the

dissemination of property maintenance code violation

information.

§ 6135.5. Expungement.

A municipality that files a report with the department shall

subsequently notify the department when the real property is

brought into code compliance. Upon notification by the

municipality, the department shall include the information as

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part of the official record for the specific property and owner

of the real property.

§ 6135.6. Administrative requirements.

(a) Regulations.--The department shall establish procedures

for the completeness and accuracy of information in the registry

and shall promulgate the regulations necessary to carry out the

department's duty of maintaining the registry.

(b) Forms.--The department shall develop property

maintenance code violation report forms and property maintenance

code violation report request forms, as well as procedures to

obtain the information electronically.

the confidentiality and security of the information contained in

the registry by providing that:

(1) Procedures have been instituted to reasonably

protect the registry from theft, fire, sabotage, flood, wind

or other natural or manmade disasters.

(2) All personnel authorized to access registry

information are selected, supervised and trained accordingly.

§ 6135.7. Audit.

(a) Duty of Auditor General.--The Auditor General shall

conduct annual performance audits of registry operations for the

first three years of the registry's existence and then every

five years thereafter.

(b) Access to records.--The department shall provide

auditors with access to all records, reports and listings

required to conduct an audit of property maintenance code

violations record information. Persons that have supervision of

or are authorized to receive registry information shall

cooperate with auditors and provide requested information.

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deficiencies and recommendations for correcting the

deficiencies. The department shall respond to the audit

recommendations within a reasonable period of time unless the

audit report is appealed to the Auditor General and the appeal

is upheld.

(d) Modification of recommendations.--Upon appeal of the

audit recommendations by the department, the Auditor General may

modify corrective measures recommended by auditors.

§ 6135.8. Imposition of surcharge.

A property owner that is in violation of a municipal property

maintenance code for more than 90 days without an attempt by the

property owner to remediate the violation shall be subject to a

surcharge in the amount of $500 for each inspection by a local

codes official that reveals one or more municipal property

maintenance code violations. The following apply to the

surcharge:

(1) The surcharge shall be in addition to other

applicable fees or charges lawfully collected by the

municipality and court.

(2) The municipality shall collect the surcharge and

remit all money to the department on a quarterly basis.

(3) Money generated by the surcharge shall be used to

finance the Statewide implementation of the registry and to

conduct training of the judiciary in accordance with 42

Pa.C.S. § 1907 (relating to deteriorated real property

education and training program for judges).

§ 6135.9. Duty of Attorney General.

(a) Out-of-State property owners.--For a person who lives or

has a principal place of residence outside this Commonwealth and

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owns real estate property in this Commonwealth, upon written

request by a municipality, the Attorney General may assist the

municipality in pursuing compliance of the property owner in

order to bring the property up to municipal code if:

(1) A serious code violation has been cited.

(2) The property owner is charged under 18 Pa.C.S.

(relating to crimes and offenses).

(3) The property owner was properly notified of the

violations.

(b) Remedies.--For a violation under subsection (a), the

Attorney General may send a warning letter to the property owner

or file a court proceeding on behalf of the municipality.

Section 2. This act shall take effect in 120 days.

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