HOUSE AMENDED
PRIOR PRINTER'S NOS. 570, 1065, 1205 PRINTER'S NO. 2163
No. 541 Session of 1997
INTRODUCED BY PICCOLA, BRIGHTBILL, ULIANA, JUBELIRER, MELLOW,
AFFLERBACH, GERLACH, HELFRICK, O'PAKE, ROBBINS, MADIGAN,
WOZNIAK, THOMPSON AND DELP, FEBRUARY 25, 1997
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1998
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 authorizing the adoption of property maintenance ordinances;
5 and further providing for fines and penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The heading of subdivision (d) of Article XLI of <--
9 the act of June 23, 1931 (P.L.932, No.317), known as The Third
10 Class City Code, reenacted and amended June 28, 1951 (P.L.662,
11 No.164) and amended July 29, 1971 (P.L.250, No.61), is amended
12 to read:
13 SECTION 1. CLAUSE 60 OF SECTION 2403 OF THE ACT OF JUNE 23, <--
14 1931 (P.L.932, NO.317), KNOWN AS THE THIRD CLASS CITY CODE,
15 REENACTED AND AMENDED JUNE 28, 1951 (P.L.662, NO.164) AND
16 AMENDED DECEMBER 3, 1987 (P.L.411, NO.85), IS AMENDED TO READ:
17 SECTION 2403. SPECIFIC POWERS.--IN ADDITION TO OTHER POWERS
18 GRANTED BY THIS ACT, THE COUNCIL OF EACH CITY SHALL HAVE POWER,
1 BY ORDINANCE:
2 * * *
3 60. LOCAL SELF-GOVERNMENT.--IN ADDITION TO THE POWERS AND
4 AUTHORITY VESTED IN EACH CITY BY THE PROVISIONS OF THIS ACT, TO
5 MAKE AND ADOPT ALL SUCH ORDINANCES, BY-LAWS, RULES AND
6 REGULATIONS, NOT INCONSISTENT WITH OR RESTRAINED BY THE
7 CONSTITUTION AND LAWS OF THIS COMMONWEALTH, AS MAY BE EXPEDIENT
8 OR NECESSARY FOR THE PROPER MANAGEMENT, CARE AND CONTROL OF THE
9 CITY AND ITS FINANCES, AND THE MAINTENANCE OF THE PEACE, GOOD
10 GOVERNMENT, SAFETY AND WELFARE OF THE CITY, AND ITS TRADE,
11 COMMERCE AND MANUFACTURES; AND ALSO ALL SUCH ORDINANCES, BY-
12 LAWS, RULES AND REGULATIONS AS MAY BE NECESSARY IN AND TO THE
13 EXERCISE OF THE POWERS AND AUTHORITY OF LOCAL SELF-GOVERNMENT IN
14 ALL MUNICIPAL AFFAIRS; AND THE SAID ORDINANCES, BY-LAWS, RULES
15 AND REGULATIONS TO ALTER, MODIFY, AND REPEAL AT PLEASURE; AND TO
16 ENFORCE ALL ORDINANCES INFLICTING PENALTIES UPON INHABITANTS OR
17 OTHER PERSONS FOR VIOLATIONS THEREOF, [NOT EXCEEDING ONE
18 THOUSAND DOLLARS FOR A VIOLATION OF A BUILDING, HOUSING,
19 PROPERTY MAINTENANCE, HEALTH, FIRE OR PUBLIC SAFETY CODE OR
20 ORDINANCE, AND FOR WATER, AIR AND NOISE POLLUTION VIOLATIONS,
21 AND NOT EXCEEDING SIX HUNDRED DOLLARS FOR A VIOLATION OF ANY
22 OTHER ORDINANCE, RECOVERABLE WITH COSTS, TOGETHER WITH JUDGMENT
23 OF IMPRISONMENT, NOT EXCEEDING NINETY DAYS, IF THE AMOUNT OF
24 SAID JUDGMENT AND COSTS SHALL NOT BE PAID] AND IMPOSE PENALTIES
25 IN ACCORDANCE WITH SECTION 4131.1: PROVIDED, HOWEVER, THAT NO
26 ORDINANCE, BY-LAW, RULE OR REGULATION SHALL BE MADE OR PASSED
27 WHICH CONTRAVENES OR VIOLATES ANY OF THE PROVISIONS OF THE
28 CONSTITUTION OF THE UNITED STATES OR OF THIS COMMONWEALTH, OR OF
29 ANY ACT OF ASSEMBLY HERETOFORE OR THAT MAY BE HEREAFTER PASSED
30 AND IN FORCE IN SAID CITY.
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1 * * *
2 SECTION 2. THE HEADING OF SUBDIVISION (D) OF ARTICLE XLI OF
3 THE ACT, AMENDED JULY 29, 1971 (P.L.250, NO.61), IS AMENDED TO
4 READ:
5 (d) Building, Housing, Property Maintenance,
6 Fire Prevention, Plumbing and Electrical Ordinances
7 Section 2 3. Sections 4130 and 4131 of the act, amended July <--
8 29, 1971 (P.L.250, No.61), are amended to read:
9 Section 4130. Building Ordinance [and], Housing Ordinance,
10 Property Maintenance Ordinance, Fire Prevention Ordinance,
11 Electrical Ordinance and Plumbing Ordinance.--Each city may
12 enact a building ordinance, a housing ordinance, a property
13 maintenance ordinance, a fire prevention ordinance, an
14 electrical ordinance, and a plumbing ordinance, which may
15 provide for the following matters:
16 (a) A system of specifications and regulations to insure the
17 structural safety and the incombustibility of buildings and
18 housing constructed, reconstructed, altered, enlarged, repaired
19 or maintained within the city.
20 (b) A system of specifications and regulations for the
21 setting out, construction, alteration, repair, maintenance,
22 occupation, sanitation, ventilation, lighting, electric wiring,
23 water supply, toilet facilities, drainage, plumbing, use and
24 inspection of all buildings and housing or parts of buildings
25 and housing, and the walls and foundations thereof, constructed,
26 erected, altered, designated, or used, in whole or in part, for
27 human habitation, and for the sanitation and inspection of land
28 appurtenant thereto.
29 Section 4131. Form of Building Ordinance, Housing Ordinance,
30 Property Maintenance Ordinance, Fire Prevention Ordinance, and
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1 Plumbing Ordinance; Passage[; Penalties].--The building
2 ordinance, the housing ordinance, the property maintenance
3 ordinance, the fire prevention ordinance, the electrical
4 ordinance and the plumbing ordinance may adopt any standard or
5 nationally recognized building code, any standard or nationally
6 recognized housing code, any standard or nationally recognized
7 property maintenance code, any standard or nationally recognized
8 fire prevention code, [or] any standard or nationally recognized
9 electrical code, or any standard or nationally recognized
10 plumbing code, or any variations or changes or parts thereof,
11 published and printed in book form, covering any or all of the
12 above items, without incorporating such code in the ordinance,
13 or any city may enact any such building code, housing code,
14 property maintenance code, fire prevention code, electrical
15 code, or plumbing code, or any changes or variations or parts
16 thereof, as its building ordinance, as its housing ordinance, as
17 its property maintenance ordinance, as its fire prevention code,
18 as its electrical code or as its plumbing code. In either event,
19 the building ordinance or code, the housing ordinance or code,
20 the property maintenance ordinance or code, the fire prevention
21 ordinance or code, the electrical ordinance or code, and the
22 plumbing ordinance or code, or any changes or variations or
23 parts thereof, need not be advertised after passage, but notice
24 of its consideration, in reasonable detail shall be published as
25 required by section one thousand fourteen of this act. Not less
26 than three copies of the building ordinance, the housing
27 ordinance, the property maintenance ordinance, the fire
28 prevention ordinance, the electrical ordinance or the plumbing
29 ordinance adopted by council shall be made available to public
30 inspection and use during business hours for at least three
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1 months after its adoption. [The building ordinance, the housing
2 ordinance, the fire prevention ordinance, the electrical
3 ordinance, and the plumbing ordinance may provide proper fines
4 and penalties not exceeding three hundred dollars for violations
5 thereof.] The procedure herein set forth relating to the
6 adoption of such building ordinances, housing ordinances,
7 property maintenance ordinances, fire prevention ordinances,
8 electrical ordinances and plumbing ordinances may likewise be
9 adopted in amending, supplementing or repealing any of the
10 provisions of such ordinances.
11 Section 3 4. The act is amended by adding a section to read: <--
12 Section 4131.1. Penalties.--(a) Except as provided for in
13 subsection (b), the building ordinance, the housing ordinance,
14 the property maintenance ordinance, the fire prevention
15 ordinance, the electrical ordinance and the plumbing ordinance
16 may provide penalties of fine not exceeding one per month on a
17 property and limited to no more than one thousand dollars for
18 the first two continual and uncorrected violations of the same
19 subsection of such ordinance on the same property and not
20 exceeding five thousand dollars for the third and any subsequent
21 continual and uncorrected violation of the same subsection of
22 such ordinance on the same property.
23 (b) If a violation of the building ordinance, the housing
24 ordinance, the property maintenance ordinance, the fire
25 prevention ordinance, the electrical ordinance or the plumbing
26 ordinance is found to pose a threat to the public's health,
27 safety or property, then penalties of fine may be provided for
28 as follows:
29 (i) not exceeding one citation per five calendar days for a
30 continual and uncorrected violation of the same subsection of
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1 such ordinance on the same property;
2 (ii) limited to no less than five hundred dollars and no
3 more than one thousand dollars for the first two continual and
4 uncorrected violations of the same subsection of such ordinance
5 on the same property and no less than one thousand dollars and
6 not exceeding ten thousand dollars for the third and any
7 subsequent continual and uncorrected violation of the same
8 subsection of such ordinance on the same property, or
9 imprisonment for any term not exceeding ninety days, or both.
10 (C) FOR VIOLATIONS OF ANY ORDINANCE NOT SPECIFIED IN <--
11 SUBSECTION (A) OR (B), A PENALTY MAY BE IMPOSED ON ANY PERSON
12 WHO VIOLATED SUCH ORDINANCE WHICH SHALL INCLUDE A FINE OF NOT
13 MORE THAN ONE THOUSAND DOLLARS OR A TERM OF IMPRISONMENT OF NOT
14 MORE THAN NINETY DAYS, OR BOTH.
15 Section 4 5. Sections 4132 and 4133 of the act, amended July <--
16 29, 1971 (P.L.250, No.61), are amended to read:
17 Section 4132. Building Inspectors, Housing Inspectors,
18 Property Maintenance Inspectors, Fire Prevention Inspectors,
19 Electrical Inspectors, and Plumbing Inspectors.--Council may
20 appoint building inspectors, housing inspectors, property
21 maintenance inspectors, fire prevention inspectors, electrical
22 inspectors and plumbing inspectors and fix their compensation.
23 Such inspectors shall have the right to enter upon and inspect
24 any and all premises at all reasonable hours for the
25 administration and enforcement of the building ordinance, the
26 housing ordinance, the property maintenance ordinance, the fire
27 prevention ordinance, the electrical ordinance and the plumbing
28 ordinance. Any fees payable to them under the building
29 ordinance, the housing ordinance, the property maintenance
30 ordinance, the fire prevention ordinance, the electrical
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1 ordinance and the plumbing ordinance shall be paid by them to
2 the city treasurer for the use of the city as promptly as may
3 be.
4 Section 4133. Actions to Restrain Violations.--The city may,
5 in addition to the penalties provided by its building ordinance,
6 its housing ordinance, its property maintenance ordinance, its
7 fire prevention ordinance, its electrical ordinance and its
8 plumbing ordinance, bring actions at law or in equity to prevent
9 or restrain, correct or abate any violations of its building
10 ordinance, its housing ordinance, its property maintenance
11 ordinance, its fire prevention ordinance, its electrical
12 ordinance and its plumbing ordinance.
13 Section 5 6. This act shall take effect in 60 days. <--
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