A03729
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1791
Session of
2021
INTRODUCED BY TWARDZIK, SCHLOSSBERG, MERSKI, HILL-EVANS, CIRESI,
LEWIS DELROSSO, SCHLEGEL CULVER, R. BROWN, DAY, SMITH,
GAYDOS, PENNYCUICK, STURLA, SOLOMON, SCHMITT AND MERCURI,
AUGUST 16, 2021
REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 16, 2021
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in neighborhood blight reclamation and
revitalization, further providing for definitions and
providing for vacant and blighted property registration and
annual assessment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6103 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 6103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Vacant." A condition in which a structure that is designed
for human occupancy:
(1) has not been legally occupied for at least 90
consecutive days and has no evidence of utility usage within
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the past 90 days; or
(2) is partially constructed or incomplete without a
valid building permit.
"Vacant and blighted property." A blighted property that is
also vacant.
Section 2. Section 6141 of Title 53 is amended to read:
§ 6141. [(Reserved).] Vacant and blighted property
registration and annual assessment .
(a) Authorization.--
(1) A municipality may impose and collect, by ordinance,
a vacant property registration fee and a vacant property
annual assessment a vacant and blighted property registration
fee consistent with this section on properties deemed vacant
and on properties deemed vacant and blighted properties.
(2) A municipality with a vacant and blighted property
registration ordinance in place prior to the effective date
of this subsection shall not be required to amend the
ordinance to comply with the provisions of this section.
(3) A municipality with an existing program for vacant
and blighted property registration may continue to operate
the program without impacting any other law authorizing the
municipality to regulate vacant or blighted property.
(b) Listing required.--
(1) A municipality that elects to impose and collect a
fee and annual assessment registration fee under this section
shall compile and maintain a vacant and vacant blighted
properties list that identifies by address and owner all
vacant and vacant blighted properties in the municipality.
Each listing shall contain the date the each vacant and
blighted property was listed and whether the property is a
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vacant or vacant blighted property .
(2) The municipality shall update the municipality's
vacant and vacant blighted properties list annually and
submit the list to the county assessment office or comparable
office in a home rule county.
(3) The municipality shall submit the municipality's
first vacant and vacant blighted properties list to the
county assessment or comparable office in a home rule county
within six months of the enactment of an ordinance under this
section. All other submissions shall be submitted as provided
under paragraph (2).
(c) Amount of annual assessment.--
(1) A property deemed vacant and ineligible for an
exemption as provided in subsection (d) shall be subject to
an annual assessment at the rate of $5 per every $100 of
assessed value.
(2) A property deemed a vacant blighted property and
ineligible for an exemption as provided in subsection (d)
shall be subject to an annual assessment at the rate of $10
per every $100 of assessed value.
(c) Amount of registration fee.--A registration fee shall be
imposed for each year that a vacant and blighted property is not
in compliance with the municipal code, subject to the following:
(1) If the property owner brings the property into
compliance with the municipal code within 12 months or sells
the property to an entity that brings the property into
compliance with the municipal code, the fee shall be waived
in accordance with section 3 of the act of December 20, 2000
(P.L.724, No.99), known as the Municipal Code and Ordinance
Compliance Act .
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(2) The fee shall be $500 one year after the date on
which the property was listed on the registry.
(3) The fee shall be $1,000 two years from the date on
which the property was listed on the registry.
(4) The fee shall be $2,000 three and four years from
the date on which the property was listed on the registry.
(5) The fee shall be $3,500 five through eight years
from the date on which the property was listed on the
registry.
(6) The fee shall be $5,000 nine or more years from the
date on which the property was listed on the registry.
(d) Exempt vacant and blighted properties.--A vacant and
blighted property shall be exempt from inclusion on the vacant
and vacant blighted properties list under subsection (b), except
as otherwise provided in paragraph (3), and from annual
assessment under subsection (c) if the vacant or vacant and
blighted property is:
(1) Owned by the Federal Government or one of its
instrumentalities. State government or a municipality,
redevelopment authority, housing authority or land bank,
including one of their instrumentalities.
(2) Under active construction or undergoing active
rehabilitation, renovation or repair and a permit to make the
property fit for human occupancy was issued, renewed or
extended within 12 months of the required registration date.
(3) In compliance with all Federal, State and local laws
and the owner or the owner's agent has been actively seeking
in good faith to rent or sell the property. T he time frame
for sale or rent does not exceed:
(i) one year from the initial listing, offer or
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advertisement of sale, in the case of a residential
property;
(ii) two years from the initial listing, offer or
advertisement of sale, in the case of a commercial
property; or
(iii) one year from the initial listing, offer or
advertisement to rent, provided that any leased property
exempt under this paragraph has a valid certificate of
occupancy from the municipality.
The owner of a vacant property that satisfies the conditions
of this paragraph shall be subject to the duty to register
and pay the annual registration fee required by subsection
(e).
(4) Exempted by the municipality upon a showing of
economic hardship by the owner and that the owner is working
with the municipality to bring the property into compliance
with all Federal, State and local codes. An exemption under
this paragraph shall be subject to the following provisions:
(i) the exemption may be granted for a time frame
not to exceed 12 months from the required registration
date, subject to renewal on the basis of continuing
economic hardship. The municipality may withdraw the
exemption at any time;
(ii) the exemption may be granted for a time frame
not to exceed 24 months, if the property is subject to a
probate proceeding or the title is the subject of
litigation, not including a foreclosure of the right of
redemption action;
(iii) the exemption may be granted for a time frame
not to exceed 12 months, if the property is subject to a
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pending application for a necessary approval for
development before State, regional or municipal planning
or zoning authorities and is maintained according to all
Federal, State and local laws; or
(iv) the cumulative time frame for an exemption from
registration and annual assessment as provided under this
paragraph for a vacant and blighted property under the
same, substantially similar or related ownership shall
not exceed 36 consecutive months.
(5) Owned by a member of the United States military
presently on active duty, provided that the property is in
compliance with all Federal, State or local codes.
(e) Duties of owner and amount of registration fee.--The
owner of a vacant property shall maintain the property in
compliance with the requirements of all Federal, State and local
requirements and, within 30 days after the property is
determined to be vacant, shall register the property with the
municipality and pay an annual registration fee of $25 to the
municipality. If the name or address of the owner changes for
any reason other than by transfer or conveyance, the change
shall be reported to the municipality in writing within 30 days.
(f) Effect of conveyance.--If a present interest in a vacant
property registered under this section is transferred or
otherwise conveyed by deed, the deed shall not be recorded by
the recorder of deeds until a new vacancy registration is filed
with the municipality and the applicable fees are paid to the
municipality in accordance with this section.
(e) Right of appeal.--An ordinance adopted under this
section shall provide an opportunity for an appeal by the owner
of property that is deemed vacant and blighted property.
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(g) (f) Penalties.--
(1) An owner who fails to comply with the registration
requirements required by this section shall be assessed a
penalty of $25 per day for residential properties a vacant
and blighted property that is resident ial and $50 per day for
a vacant and blighted property that is commercial or
industrial properties for each day that the owner fails to
register the vacant property with the municipality. The owner
shall also be subject to penalties assessed under all other
applicable Federal, State and local laws.
(2) The amount of any unpaid fee or annual assessment
authorized under this subsection section shall constitute a
lien against the property and shall be collected in the same
manner as municipal claims by the municipality.
(h) Blight remediation and eradication fund.--
(1) A municipality that imposes a vacant and blighted
property registration fee and a vacant property annual
assessment shall establish a blight remediation and
eradication fund into which must shall be deposited all
vacancy registration fees , annual assessments and penalties
the municipality collects.
(2) A municipality may use the funds in the
municipality's blight remediation and eradication fund to:
(i) acquire tax delinquent and foreclosed
properties;
(ii) donate to a land bank established by local
ordinance or State law;
(iii) apply to conservatorship projects as provided
in the act of November 26, 2008 (P.L.1672, No.135), known
as the Abandoned and Blighted Property Conservatorship
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Act;
(iv) remediate blight conditions in the
municipality; and
(v) educate the municipality's residents about the
costs and dangers of vacancy and blight.
(3) A municipality may use up to 5% of the blight
remediation and eradication fund for administrative costs of
carrying out the provisions of an ordinance enacted under
this section.
Section 3. This act shall take effect in 60 days.
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