PRINTER'S NO. 3061
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2555
Session of
2022
INTRODUCED BY BOBACK, HILL-EVANS, HENNESSEY, HELM, STURLA AND
INNAMORATO, APRIL 27, 2022
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 27, 2022
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled
"An act relating to counties of the first, second class A,
third, fourth, fifth, sixth, seventh and eighth classes;
amending, revising, consolidating and changing the laws
relating thereto; relating to imposition of excise taxes by
counties, including authorizing imposition of an excise tax
on the rental of motor vehicles by counties of the first
class; and providing for regional renaissance initiatives,"
in special powers and duties of counties, providing for
property maintenance code.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XIX of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, is amended by
adding a subarticle to read:
(z.6) Property Maintenance Code
Section 1999n. Property Maintenance Code.--(a) A county may
enact one of the following:
(1) A property maintenance ordinance that incorporates a
standard or nationally recognized property maintenance code or a
variation, change or part of such code, published and printed in
book form, without incorporating the text of the code in the
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ordinance.
(2) A standard or nationally recognized property maintenance
code or a variation, change or part of such code as the county's
property maintenance ordinance.
(b) (1) An ordinance under subsection (a) need not be
advertised after being adopted. Notice of the consideration of
the ordinance shall be published in a manner that gives adequate
notice of its contents and a reference to the place within the
county where copies of the proposed property maintenance code
may be examined or obtained.
(2) The notice required under paragraph (1) shall be
published once in one newspaper of general circulation at least
one week and not more than three weeks prior to the presentation
of the proposed property maintenance code to the board of
commissioners.
(c) At least three copies of the ordinance adopted by the
board of commissioners:
(1) shall be made available for public inspection and use
during business hours or to an interested party that pays the
cost of copying; or
(2) may be furnished or lent without charge.
(d) A property maintenance code adopted by reference:
(1) need not be recorded in or attached to an ordinance
book; and
(2) shall be deemed to have been legally recorded if the
ordinance by which the code was adopted by reference has been
recorded with an accompanying notation stating where the full
text of the code has been filed.
(e) An ordinance under this section may provide for
reasonable property fines and penalties for violations of the
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ordinance.
(f) The procedure described in this section relating to the
adoption of an ordinance under this section may be used in
amending, supplementing or repealing a provision of the
ordinance.
(g) The board of commissioners may appoint property
maintenance inspectors who may enter and inspect a premises at
reasonable hours and in a reasonable manner for the
administration and enforcement of the county's property
maintenance code or ordinance under subsection (a). A fee
payable to a property maintenance inspector under the ordinance
shall, after being collected by the property maintenance
inspector, be transmitted to the county treasurer for use of the
county.
(h) In addition to the penalties provided by a property
maintenance ordinance, a county may institute an appropriate
action or proceeding at law or in equity to prevent or restrain
a property maintenance violation.
(i) The powers and duties of a county under this section
shall be in addition to the powers and duties provided under the
following:
(1) The act of November 26, 2008 (P.L.1672, No.135), known
as the "Abandoned and Blighted Property Conservatorship Act."
(2) 68 Pa.C.S. Ch. 21 (relating to land banks).
(j) (1) Except as provided in section 1999o, the powers of
a board of commissioners to enact, amend and repeal ordinances
under this subarticle shall be limited to land in those
municipalities, wholly or partly within the county, that have no
property maintenance ordinance, based in whole or in part on a
standard or nationally recognized property maintenance code, in
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effect at the time a property maintenance ordinance is
introduced before the governing body of the county and until the
municipality's property maintenance ordinance is in effect.
(2) The enactment or revision of such property maintenance
ordinance by a municipality, other than the county, whose land
is subject to a county property maintenance code shall act as a
repeal pro tanto of the county property maintenance code
ordinance within the municipality adopting the ordinance, except
as provided in section 1999o.
Section 1999o. Enforcement of Municipal Property Maintenance
Ordinances.--(a) Except as provided in subsections (b), (c),
(d) and (e), a county may not enforce a property maintenance
ordinance adopted by a municipality within the county unless the
county enters into an intergovernmental cooperation agreement
with the municipality.
(b) A resident or taxpayer of the municipality may petition
the board of commissioners of the county, in writing, to request
that the county enforce its property maintenance code against a
property within the municipality that the resident believes
constitutes a public nuisance. The petitioner shall deliver a
copy of the petition to the municipal secretary.
(c) After receiving a petition under subsection (b), a
county property maintenance inspector may investigate the
property that is the subject of the complaint. If the inspector
finds that the property is in violation of the county's property
maintenance ordinance, the inspector may issue a notice of
violation to the property owner. A copy of the notice shall be
filed with the municipal secretary.
(d) Not less than thirty days after delivery of the notice
of violation to the municipal secretary, the county may enforce
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its property maintenance ordinance against the property unless
the municipality has notified the county that the property is
subject to an enforcement action of the municipality's property
maintenance ordinance.
(e) Except as otherwise provided in an intergovernmental
cooperation agreement, a fine, forfeited recognizance or other
forfeiture imposed, lost or forfeited for violation of a
property maintenance ordinance subject to county enforcement
under this section, shall be payable to the county.
Section 2. This act shall take effect in 60 days.
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