S0940B1766A07202 DMS:AAS 09/16/20 #90 A07202
AMENDMENTS TO SENATE BILL NO. 940
Sponsor: REPRESENTATIVE LEWIS
Printer's No. 1766
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
Providing for filing and recording by municipalities of
condemnation orders and for statements of vacated
condemnation orders.
Amend Bill, page 1, lines 9 through 19; page 2, lines 1
through 30; page 3, lines 1 through 10; by striking out all of
said lines on said pages and inserting
Section 1. Short title.
This act shall be known and may be cited as the Municipality
Condemnation Order Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Condemnation order." A declaration by an authorized
official of a municipality that a dwelling, building, structure
or premises is unfit for human habitation or other use or
conditions exist that are dangerous or injurious to the health
or safety of the occupants of the dwelling, building, structure
or premises, the occupants of neighboring dwellings or other
residents of the municipality and which declaration includes a
demand for the owner to take corrective action to the dwelling,
building, structure or premises.
"Municipality." A city, borough, incorporated town,
township, home rule municipality, optional plan municipality,
optional charter municipality or similar general purpose unit of
government that may be created or authorized by statute.
Section 3. Filing and recording of condemnation orders.
(a) General rule.--A municipality that issues a condemnation
order on a property may record the condemnation order with the
office of recorder of deeds of the county in which the property
is located.
(b) Constructive notice.--If recorded, the condemnation
order shall be constructive notice to all purchasers and other
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persons who are responsible for the property.
Section 4. Cost of recording.
A municipality may recover the cost of recording a
condemnation order on a property from the tax sale proceeds or
directly from the purchaser of the property.
Section 5. Validity of condemnation order.
Notwithstanding section 612(a) of the act of July 7, 1947
(P.L.1368, No.542), known as the Real Estate Tax Sale Law, a
properly recorded condemnation order shall be a lien on the
property and shall not be affected by an upset sale, a judicial
sale or a repository sale of the property.
Section 6. Statement of vacated condemnation order.
After a condemnation order on a property has been recorded
under this section, if the municipality vacates the condemnation
order, the municipality shall, within 15 days of the
condemnation order being vacated, record with the office of
recorder of deeds a statement indicating that the condemnation
order has been vacated.
Section 7. Effective date.
This act shall take effect in 60 days.
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See A07202 in
the context
of SB940