<-1Establishing Amending Title 53 (Municipalities Generally) of the 
2Pennsylvania Consolidated Statutes, in preemptions, providing 
3for protection for victims of abuse or crime; in neighborhood 
4blight reclamation and revitalization, establishing a grant
5program for municipalities to establish code enforcement
6programs and hire code enforcement personnel; providing for
7powers and duties of the Department of Community and Economic
8Development; and providing for imposition of a surcharge.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-11Section 1. Short title.

12This act shall be known and may be cited as the Municipal
13Code Enforcement Act.

14Section 2. Legislative intent.

15The purpose of this act is to provide start-up seed money for
16individual municipalities, two or more municipalities pursuant
17to 53 Pa.C.S. Ch. 23 (relating to general provisions), councils
18of governments or a multimunicipal code enforcement entity
19established by a county or counties, for the purpose of

1municipal code enforcement within that county or region.

2Section 3. Definitions.

3The following words and phrases when used in this act shall
4have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Blighted property." Any of the following:

7(1) A premises which, because of physical condition or
8use, is regarded as a public nuisance at common law or has
9been declared a public nuisance in accordance with the local
10housing, building, plumbing, property maintenance, fire and
11related codes and ordinances, including nuisance and
12dangerous building ordinances.

13(2) A premises which, because of physical condition, use
14or occupancy, is considered an attractive nuisance to
15children, including, but not limited to, abandoned wells,
16shafts, basements, excavations and unsafe fences or
17structures.

18(3) A dwelling which, because it is dilapidated,
19unsanitary, unsafe, vermin-infested or lacking in the
20facilities and equipment required by the housing code of the
21municipality, has been designated by the department
22responsible for enforcement of the code as unfit for human
23habitation.

24(4) A structure which is a fire hazard or is otherwise
25dangerous to the safety of persons or property.

26(5) A structure from which the utilities, plumbing,
27heating, sewerage or other facilities have been disconnected,
28destroyed, removed or rendered ineffective so that the
29property is unfit for its intended use.

30(6) A vacant or unimproved lot or parcel of ground in a

1predominantly built-up neighborhood which by reason of
2neglect or lack of maintenance has become a place for
3accumulation of trash and debris or a haven for rodents or
4other vermin.

5(7) An unoccupied property which has been tax delinquent
6for a period of two years and those in the future having a
7two-year tax delinquency.

8(8) A property which is vacant but not tax delinquent
9and which has not been rehabilitated within one year of the
10receipt of notice to rehabilitate from the appropriate code
11enforcement agency.

12"Department." The Department of Community and Economic
13Development of the Commonwealth.

14"Municipality." A city, borough, incorporated town, township
15or home rule, optional plan or optional charter municipality or
16public authority within this Commonwealth.

17Section 4. Code enforcement grant program.

18(a) Establishment.--

19(1) The department shall issue grants to eligible
20municipalities for the purpose of reducing blighted property
21conditions through the establishment of special code
22enforcement programs to address blighted property where a
23municipal code enforcement program already exists or the
24establishment of code enforcement programs and the hiring and
25training of code enforcement personnel in those
26municipalities without an existing code enforcement program.

27(2) Municipalities subject to the act of July 10, 1987
28(P.L.246, No.47), known as the Municipalities Financial
29Recovery Act, shall be given priority consideration in the
30issuing of grants under this section.

1(b) Competitive awards.--The department shall issue grants
2under this section to eligible municipalities on a competitive
3basis according to the following criteria:

4(1) The benefit to the municipality of having an
5adequately funded building code enforcement department.

6(2) Whether the municipality's building code enforcement
7department demonstrates an ability to work cooperatively with
8other local code enforcement offices, health departments and
9local prosecutorial agencies.

10(3) Whether the municipality demonstrates a financial
11need for the grant.

12(4) Any other criteria established by the department.

13(c) Eligibility.--In order to receive a grant under this
14section, a municipality must submit an application acceptable to
15the department and satisfy the criteria established under
16subsection (b).

17(d) Matching funds.--A municipality shall provide its own
18funds or in-kind contributions, approved by the department as
19determined by regulations promulgated by the department under
20section 6, equal to the amount of the grant provided, and shall
21dedicate and expend those funds for the purpose for which the
22grant was awarded.

23(e) Limitations.--

24(1) Grants issued under this section shall not be
25provided to the same recipient for more than three
26consecutive years.

27(2) A grant issued under this section may not exceed
28$100,000.

29Section 5. Imposition of surcharge.

30(a) Imposition.--

1(1) Upon a subsequent inspection by a local code
2official, a surcharge of $250 shall be imposed on a real
3property owner in violation of one or more provisions of a
4municipal code relating to blighted property.

5(2) The surcharge imposed under paragraph (1) shall be
6in addition to any other applicable fees or charges lawfully
7imposed and collected by the municipality or court.

8(b) Collection.--

9(1) The municipality shall collect the surcharge under
10subsection (a) and remit the moneys to the department on a
11quarterly basis.

12(2) The department shall use the moneys collected under
13paragraph (1) to fund the grants issued under section 4.

14Section 6. Regulations.

15Within 90 days of the effective date of this section, the
16department shall promulgate regulations to carry out the
17provisions of this act. The regulations to implement section
184(b) may include, but not be limited to:

19(1) The age of the existing housing stock in the
20municipality.

21(2) The municipality's existing tax base.

22(3) The existing financial condition of the
23municipality.

24Section 7. Effective date.

25This act shall take effect in 90 days.

<-26Section 1. Title 53 of the Pennsylvania Consolidated
27Statutes is amended by adding a section to read:

28§ 303. Protection for victims of abuse or crime.

29(a) Declaration of policy.--The General Assembly finds and
30declares as follows:

1(1) It is the public policy of the Commonwealth to
2ensure that all victims of abuse and crime and individuals in
3an emergency are able to contact police or emergency
4assistance without penalty.

5(2) This section is intended to shield residents,
6tenants and landlords from penalties that may be levied
7pursuant to enforcement of an ordinance or regulation if
8police or emergency services respond to a residence or
9tenancy to assist a victim of abuse or crime or individuals
10in an emergency.

11(3) This section is not intended to prohibit
12municipalities from enforcing an ordinance or regulation
13against a resident, tenant or landlord where police or
14emergency services respond to a residence or tenancy that
15does not involve assistance to a victim of abuse or crime or
16individuals in an emergency.

17(b) Protection.--No ordinance enacted by a municipality
18shall penalize a resident, tenant or landlord for a contact made
19for police or emergency assistance by or on behalf of a victim
20of abuse as defined in 23 Pa.C.S. § 6102 (relating to
21definitions), a victim of a crime pursuant to 18 Pa.C.S.
22(relating to crimes and offenses) or an individual in an
23emergency pursuant to 35 Pa.C.S. § 8103 (relating to
24definitions), if the contact was made based upon the reasonable
25belief of the person making the contact that intervention or
26emergency assistance was necessary to prevent the perpetration
27or escalation of the abuse, crime or emergency or if the
28intervention or emergency assistance was actually needed in
29response to the abuse, crime or emergency.

30(c) Remedies.--If a municipality enforces or attempts to

1enforce an ordinance against a resident, tenant or landlord in
2violation of subsection (b), the resident, tenant or landlord
3may bring a civil action for a violation of this section and
4seek an order from a court of competent jurisdiction for any of
5the following remedies:

6(1) An order requiring the municipality to cease and
7desist the unlawful practice.

8(2) Payment of compensatory damages, provided that a
9resident, tenant or landlord shall make a reasonable effort
10to mitigate any damages.

11(3) Payment of reasonable attorney fees.

12(4) Payment of court costs.

13(5) Other equitable relief, including, but not limited
14to, reinstating a rental license or rental permit, as the
15court may deem appropriate.

16(d) Preemption.--This section preempts any local ordinance
17or regulation insofar as it is inconsistent with this section,
18irrespective of the effective date of the ordinance or
19regulation. This section shall not affect or apply to
20enforcement of the act of October 11, 1995 (1st Sp.Sess.,
21P.L.1066, No.23), known as the Expedited Eviction of Drug
22Traffickers Act, or to the enforcement of 18 Pa.C.S. § 7511
23(relating to control of alarm devices and automatic dialing
24devices).

25(e) Definition.--As used in this section, the term
26"penalize" includes the actual or threatened revocation,
27suspension or nonrenewal of a rental license, the actual or
28threatened assessment of fines or the actual or threatened
29eviction, or causing the actual or threatened eviction, from
30leased premises.

1Section 2. Chapter 61 of Title 53 is amended by adding a
2subchapter to read:

3SUBCHAPTER B.1

4MUNICIPAL PROPERTY MAINTENANCE CODE ASSISTANCE

5§ 6121. Scope.

6This subchapter relates to municipal property maintenance
7code assistance.

8§ 6122. Legislative intent.

9The purpose of this subchapter is to provide funding for 
10individual municipalities, two or more municipalities pursuant 
11to Subchapter A of Chapter 23 (relating to intergovernmental 
12cooperation), councils of governments or a multimunicipal code 
13enforcement entity, for the purpose of municipal property 
14maintenance code enforcement within that county or region in 
15order to prevent and eradicate blighted property conditions.

16§ 6123. Definitions.

17The following words and phrases when used in this subchapter
18shall have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Department." The Department of Community and Economic
21Development of the Commonwealth.

22"Municipal code" or "code." A building, housing, property
23maintenance, fire, health or other public safety ordinance,
24related to the use or maintenance of real property, enacted by a
25municipality. The term does not include a subdivision and land
26development ordinance or a zoning ordinance enacted by a
27municipality.

28"Municipality." A city, borough, incorporated town, township
29or home rule, optional plan or optional charter municipality or
30municipal authority within this Commonwealth or any entity

1formed under Subchapter A of Chapter 23 (relating to
2intergovernmental cooperation).

3"Serious violation." A violation of a code that poses an
4imminent threat to the health and safety of a dwelling occupant,
5occupants in surrounding structures or a passerby.

6§ 6124. Code enforcement grant program.

7(a) Establishment.--The department shall issue grants to
8municipalities for the purpose of reducing blighted property
9conditions through the establishment of special code enforcement
10programs to address blighted property conditions where they
11exist and to prevent new occurrences where a municipal code
12enforcement program already exists or the establishment of code
13enforcement programs and the hiring and training of code
14enforcement personnel in those municipalities without an
15existing code enforcement program.

16(b) Competitive awards.--The department shall issue grants
17under this section to municipalities on a competitive basis
18according to the following criteria:

19(1) The benefit to the municipality of having an
20adequately funded and staffed code enforcement department.

21(2) Whether the municipality's building code enforcement
22department demonstrates an ability to work cooperatively with
23other local code enforcement offices, health departments and
24local prosecutorial agencies.

25(3) Whether the municipality demonstrates a financial
26need for the grant.

27(4) The overall condition of the real property within
28the municipality.

29(c) Eligibility.--In order to receive a grant under this
30section, a municipality must submit an application acceptable to

1the department and that addresses the criteria established under
2subsection (b).

3(d) Matching funds.--A municipality shall provide its own
4funds or in-kind contributions, approved by the department as
5determined by regulations promulgated by the department under
6section 6128 (relating to guidelines), equal to the amount of
7the grant provided, and shall dedicate and expend those funds
8for the purpose for which the grant was awarded.

9(e) Limitations.--

10(1) Grants issued under this section shall not be
11provided to the same recipient for more than three
12consecutive years.

13(2) A grant issued under this section may not exceed
14$100,000.

15(3) No grant issued under this section may be used to
16pay code enforcement personnel unless the individual has
17acquired relevant certification or training in property
18maintenance.

19§ 6125.  Imposition of surcharge.

20(a) Imposition.--Subject to the provisions of subsection
21(b):

22(1) Upon each subsequent inspection by a local code
23official, a surcharge of $250 shall be imposed on a real
24property owner in violation of one or more provisions of a
25municipal code for which the owner was previously cited for
26violating.

27(2) The surcharge imposed under paragraph (1) shall be
28in addition to any other applicable fees or charges imposed
29and collected by the municipality as provided by law.

30(b) Time to remedy.--With the exception of a serious

1violation, a property owner shall have a minimum of 90 days
2following the initial inspection by a local code official to
3remedy a violation of a municipal code, for which the owner was
4previously cited for violating, before the surcharge may be
5imposed.

6(c) Collection.--

7(1) The municipality shall collect the surcharge under
8subsection (a) and remit the moneys to the department on a
9quarterly basis.

10(2) The department shall use the moneys collected under
11paragraph (1) to fund the grants issued under section 6124
12(relating to code enforcement grant program).

13§ 6126. Fund.

14(a) Establishment.--The Municipal Property Maintenance Code
15Assistance Fund is established as a special fund within the
16State Treasury.

17(b) Deposit.--Moneys collected from the surcharge authorized
18under section 6125(a) (relating to imposition of surcharge)
19shall be deposited in the fund.

20(c) Use of funds.--The fund shall be used by the department
21exclusively for the purpose of issuing the grants provided for
22under section 6124 (relating to code enforcement grant program).
23The department may utilize up to 10% of the total funds
24collected and deposited in the fund within the fiscal year to
25cover the administrative costs associated with the program.

26§ 6127. Report to General Assembly.

27The department shall submit an annual report to the Urban
28Affairs and Housing Committee of the Senate and the Urban
29Affairs Committee of the House of Representatives concerning the
30implementation of this subchapter. The report shall include the

1total amount of moneys collected and deposited into the
2Municipal Property Maintenance Code Assistance Fund as well as
3the number of grants awarded and the recipients of those grants.

4§ 6128. Guidelines.

5Within 180 days of the effective date of this section, the
6department shall establish guidelines to carry out the
7provisions of this subchapter. The guidelines to implement
8section 6124(b) (relating to code enforcement grant program) may
9include, but not be limited to:

10(1) The age of the existing housing stock in the
11municipality.

12(2) The municipality's existing tax base.

13(3) The existing financial condition of the
14municipality.

15Section 3. This act shall take effect in 90 days.