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        PRIOR PRINTER'S NO. 571                       PRINTER'S NO. 1066

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 542 Session of 1997


        INTRODUCED BY PICCOLA, BRIGHTBILL, ULIANA, JUBELIRER, MELLOW,
           AFFLERBACH, GERLACH, HELFRICK, O'PAKE, ROBBINS, MADIGAN,
           WOZNIAK, THOMPSON AND DELP, FEBRUARY 25, 1997

        SENATOR ULIANA, URBAN AFFAIRS AND HOUSING, AS AMENDED,
           MAY 6, 1997

                                     AN ACT

     1  Amending the act of July 15, 1957 (P.L.901, No.399), entitled
     2     "An act giving cities of the third class the right and power
     3     to adopt one of several plans of optional charters and to
     4     exercise the powers and authority of local self-government
     5     subject to certain restrictions and limitations; providing
     6     procedures for such adoption and defining the effect
     7     thereof," authorizing the adoption of property maintenance
     8     ordinances; and further providing for fines and penalties.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 303 of the act of July 15, 1957 (P.L.901,
    12  No.399), known as the Optional Third Class City Charter Law,
    13  amended October 3, 1988 (P.L.736, No.105), is amended to read:
    14     Section 303.  Each city governed by an optional form of
    15  government pursuant to this act shall, subject to the provisions
    16  of and limitations prescribed by this act, have full power to:
    17     (1)  Organize and regulate its internal affairs, and to
    18  establish, alter, and abolish offices, positions and employments
    19  and to define the functions, powers and duties thereof and fix
    20  their term, tenure and compensation;

     1     (2)  Adopt and enforce local [police] ordinances [of all
     2  kinds and impose penalties of fine not exceeding one thousand
     3  dollars ($1,000) for a violation of a building, housing,
     4  property maintenance, health, fire or public safety code or
     5  ordinance, and for water, air and noise pollution violations,
     6  and not exceeding six hundred dollars ($600) for a violation of
     7  any other ordinance, or imprisonment for any term not exceeding
     8  ninety days, or both; to construct];
     9     (2.1)  Impose penalties of fine not exceeding one per month
    10  on a property and limited to no more than one thousand dollars
    11  ($1,000) for the first two CONTINUAL AND UNCORRECTED violations   <--
    12  and not exceeding ten thousand dollars ($10,000) FIVE THOUSAND    <--
    13  DOLLARS ($5,000) for the third and subsequent ANY SUBSEQUENT      <--
    14  CONTINUAL AND UNCORRECTED violation of the same subsection of a
    15  building, housing or ORDINANCE, HOUSING ORDINANCE, property       <--
    16  maintenance ordinance, FIRE PREVENTION ORDINANCE, ELECTRICAL      <--
    17  ORDINANCE OR PLUMBING ORDINANCE on the same property, UNLESS THE  <--
    18  VIOLATION IS FOUND TO POSE A THREAT TO THE PUBLIC'S HEALTH,
    19  SAFETY OR PROPERTY, THEN PENALTIES OF FINE MAY BE PROVIDED FOR
    20  AS FOLLOWS:
    21     (I)  NOT EXCEEDING ONE VIOLATION PER FIVE CALENDAR DAYS FOR A
    22  CONTINUAL AND UNCORRECTED VIOLATION OF THE SAME SUBSECTION OF
    23  SUCH ORDINANCE ON THE SAME PROPERTY;
    24     (II)  LIMITED TO NO LESS THAN FIVE HUNDRED DOLLARS ($500) AND
    25  NO MORE THAN ONE THOUSAND DOLLARS ($1,000) FOR THE FIRST TWO
    26  CONTINUAL AND UNCORRECTED VIOLATIONS OF THE SAME SUBSECTION OF
    27  SUCH ORDINANCE ON THE SAME PROPERTY AND NO LESS THAN ONE
    28  THOUSAND DOLLARS ($1,000) AND NOT EXCEEDING TEN THOUSAND DOLLARS
    29  ($10,000) FOR THE THIRD AND ANY SUBSEQUENT CONTINUAL AND
    30  UNCORRECTED VIOLATION OF THE SAME SUBSECTION OF SUCH ORDINANCE
    19970S0542B1066                  - 2 -

     1  ON THE SAME PROPERTY, OR IMPRISONMENT FOR ANY TERM NOT EXCEEDING
     2  NINETY DAYS, OR BOTH;
     3     (2.2)  Impose penalties of fine not exceeding one thousand
     4  dollars ($1,000) OR A TERM OF IMPRISONMENT NOT EXCEEDING NINETY   <--
     5  DAYS OR BOTH for violations of any section of any other
     6  ordinance or a term of imprisonment of ninety days or both;       <--
     7     (2.3)  Construct, acquire, operate or maintain any and all
     8  public improvements, projects or enterprises for any public
     9  purpose, subject to referendum requirements otherwise imposed by
    10  law, and to exercise all powers of local government in such
    11  manner as its governing body may determine;
    12     (3)  Sue and be sued, to have a corporate seal, to contract
    13  and be contracted with, to buy, sell, lease, hold and dispose of
    14  real and personal property, to appropriate and expend moneys,
    15  and to adopt, amend and repeal such ordinances and resolutions
    16  as may be required for the good government thereof;
    17     (4)  Exercise powers of condemnation, borrowing and taxation
    18  in the manner provided by general law applicable to cities of
    19  the third class.
    20     Section 2.  This act shall take effect in 60 days.







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