A00540
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
775
Session of
2023
INTRODUCED BY TWARDZIK, CIRESI, STEHR, BURGOS, MAJOR, KINKEAD,
COOPER AND GAYDOS, MARCH 30, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
MARCH 30, 2023
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
imposing penalties.
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:
ยง 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 and blighted property." A blighted property that is
vacant.
Section 2. Section 6141 of Title 53 is amended to read:
ยง 6141. [(Reserved).] Vacant and blighted property
registration .
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(a) Authorization.--
(1) A municipality may impose and collect, by ordinance,
a vacant and blighted property registration fee consistent
with this section on properties deemed vacant and blighted
properties.
(1) A municipality may impose and collect, by ordinance,
a vacant and blighted property registration fee consistent
with this section on properties deemed vacant and blighted.
(2) A municipality choosing to enact an ordinance under
paragraph (1) may contract with a third-party entity to
execute the vacant and blighted property registry and to
collect the registration fees and fines allowed under this
chapter.
(2) (3) 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) (4) 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
registration fee under this section shall compile and
maintain a vacant and blighted properties list that
identifies by address and owner all vacant and blighted
properties in the municipality. Each listing shall contain
the date each vacant and blighted property was listed.
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(2) The municipality shall update the municipality's
vacant and 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 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).
(5) A municipality that elects to impose an ordinance
under paragraph (1) shall establish a process for the removal
of properties from the registry and shall disclose the
process for removal to the property owner at the time of
listing, including any requirement to bring the property up
to municipal code existing under other applicable State law.
(b) Listing required.--A municipality that elects to impose
and collect a registration fee under this section shall compile
and maintain a vacant and blighted properties list that
identifies by address and owner all vacant and blighted
properties in the municipality. Each listing shall contain the
date each vacant and blighted property was listed.
(c) Amount of registration fee.--A registration fee shall be
imposed on the owner of a vacant and blighted property for each
year that a the 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
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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.
(2) The fee shall be $500 one year from 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.
(7) Property owned by the Federal or State Government or
a county, municipality, redevelopment authority, housing
authority or land bank, including one of their
instrumentalities, which is required to register under this
section is exempt from the registration fees under this
subsection.
(d) Exempt vacant and blighted properties.--A vacant and
blighted property shall be exempt from inclusion on the vacant
and blighted properties list under subsection (b), except as
otherwise provided in paragraph (3), and from annual assessment
the registration fees under subsection (c) if the vacant and
blighted property is:
(1) Owned by the Federal or State Government or a
municipality, redevelopment authority, housing authority or
land bank, including one of their instrumentalities.
(2) (1) Under active construction or undergoing active
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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) (2) 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
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.
(4) (3) 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
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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
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 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) (4) Owned by a member of the United States military
presently on active duty if the property is in compliance
with all Federal, State or local codes.
(e) Right of appeal.--An ordinance adopted under this
section shall provide an opportunity for an appeal under 2
Pa.C.S. ยง 752 (relating to appeals) by the owner of property
that is deemed vacant and blighted property.
(f) Penalties.--
(1) An owner of vacant and blighted property who fails
to comply with pay the registration requirements fees
required by this section shall be assessed a penalty of $25
per day for a if the vacant and blighted property that is
residential and $50 per day for a if the vacant and blighted
property that is commercial or industrial for each day that
the owner fails to register the property with the
municipality pay the registration fee . The owner shall also
be subject to penalties assessed under all other applicable
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Federal, State and local laws.
(2) The amount of any unpaid fee authorized under this
section shall constitute a lien against the property and
shall be collected in the same manner as municipal claims by
the municipality.
(g) Blight remediation and eradication fund.--
(1) A municipality that imposes a vacant and blighted
property registration fee shall establish a blight
remediation and eradication fund into which shall be
deposited all registration fees and penalties the
municipality collects.
(2) A municipality may use money 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
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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