1Amending Title 53 (Municipalities Generally) of the Pennsylvania 
2Consolidated Statutes, in preemptions, providing for 
3protection 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. Title 53 of the Pennsylvania Consolidated
12Statutes is amended by adding a section to read:

13§ 303<- 304. Protection for victims of abuse or crime.

14(a) Declaration of policy.--The General Assembly finds and
15declares as follows:

16(1) It is the public policy of the Commonwealth to
17ensure that all victims of abuse and crime and individuals in
18an emergency are able to contact police or emergency
19assistance without penalty.

1(2) This section is intended to shield residents,
2tenants and landlords from penalties that may be levied
3pursuant to enforcement of an ordinance or regulation if
4police or emergency services respond to a residence or
5tenancy to assist a victim of abuse or crime or individuals
6in an emergency.

7(3) This section is not intended to prohibit
8municipalities from enforcing an ordinance or regulation
9against a resident, tenant or landlord where police or
10emergency services respond to a residence or tenancy that
11does not involve assistance to a victim of abuse or crime or
12individuals in an emergency.

13(b) Protection.--No ordinance enacted by a municipality
14shall penalize a resident, tenant or landlord for a contact made
15for police or emergency assistance by or on behalf of a victim
16of abuse as defined in 23 Pa.C.S. § 6102 (relating to
17definitions), a victim of a crime pursuant to 18 Pa.C.S.
18(relating to crimes and offenses) or an individual in an
19emergency pursuant to 35 Pa.C.S. § 8103 (relating to
20definitions), if the contact was made based upon the reasonable
21belief of the person making the contact that intervention or
22emergency assistance was necessary to prevent the perpetration
23or escalation of the abuse, crime or emergency or if the
24intervention or emergency assistance was actually needed in
25response to the abuse, crime or emergency.

26(c) Remedies.--If a municipality enforces or attempts to
27enforce an ordinance against a resident, tenant or landlord in
28violation of subsection (b), the resident, tenant or landlord
29may bring a civil action for a violation of this section and
30seek an order from a court of competent jurisdiction for any of

1the following remedies:

2(1) An order requiring the municipality to cease and
3desist the unlawful practice.

4(2) Payment of compensatory damages, provided that a
5resident, tenant or landlord shall make a reasonable effort
6to mitigate any damages.

7(3) Payment of reasonable attorney fees.

8(4) Payment of court costs.

9(5) Other equitable relief, including, but not limited
10to, reinstating a rental license or rental permit, as the
11court may deem appropriate.

12(d) Preemption.--This section preempts any local ordinance
13or regulation insofar as it is inconsistent with this section,
14irrespective of the effective date of the ordinance or
15regulation. This section shall not affect or apply to
16enforcement of the act of October 11, 1995 (1st Sp.Sess.,
17P.L.1066, No.23), known as the Expedited Eviction of Drug
18Traffickers Act, or to the enforcement of 18 Pa.C.S. § 7511
19(relating to control of alarm devices and automatic dialing
20devices).

21(e) Definition.--As used in this section, the term
22"penalize" includes the actual or threatened revocation,
23suspension or nonrenewal of a rental license, the actual or
24threatened assessment of fines or the actual or threatened
25eviction, or causing the actual or threatened eviction, from
26leased premises.

27Section 2. Chapter 61 of Title 53 is amended by adding a
28subchapter to read:

29SUBCHAPTER B.1

30MUNICIPAL PROPERTY MAINTENANCE CODE ASSISTANCE

1§ 6121. Scope.

2This subchapter relates to municipal property maintenance
3code assistance.

4§ 6122. Legislative intent.

5The purpose of this subchapter is to provide funding for 
6individual municipalities, two or more municipalities pursuant 
7to Subchapter A of Chapter 23 (relating to intergovernmental 
8cooperation), councils of governments or a multimunicipal code 
9enforcement entity, for the purpose of municipal property 
10maintenance code enforcement within that county or region in 
11order to prevent and eradicate blighted property conditions.

12§ 6123. Definitions.

13The following words and phrases when used in this subchapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Department." The Department of Community and Economic
17Development of the Commonwealth.

18"Municipal code" or "code." A building, housing, property
19maintenance, fire, health or other public safety ordinance,
20related to the use or maintenance of real property, enacted by a
21municipality. The term does not include a subdivision and land
22development ordinance or a zoning ordinance enacted by a
23municipality.

24"Municipality." A city, borough, incorporated town, township
25or home rule, optional plan or optional charter municipality or
26municipal authority within this Commonwealth or any entity
27formed under Subchapter A of Chapter 23 (relating to
28intergovernmental cooperation).

29"Serious violation." A violation of a code that poses an
30imminent threat to the health and safety of a dwelling occupant,

1occupants in surrounding structures or a passerby.

2§ 6124. Code enforcement grant program.

3(a) Establishment.--The department shall issue grants to
4municipalities for the purpose of reducing blighted property
5conditions through the establishment of special code enforcement
6programs to address blighted property conditions where <-they
7exist and to prevent new occurrences where a municipal code
8enforcement program already exists or the establishment of code
9enforcement programs and the hiring and training of code
10enforcement personnel in those municipalities without an
11existing code enforcement program.

12(b) Competitive awards.--The department shall issue grants
13under this section to municipalities on a competitive basis
14according to the following criteria:

15(1) The benefit to the municipality of having an
16adequately funded and staffed code enforcement department.

17(2) Whether the municipality's building code enforcement
18department demonstrates an ability to work cooperatively with
19other local code enforcement offices, health departments and
20local prosecutorial agencies.

21(3) Whether the municipality demonstrates a financial
22need for the grant.

23(4) The overall condition of the real property within
24the municipality.

25(c) Eligibility.--In order to receive a grant under this
26section, a municipality must submit an application acceptable to
27the department and that addresses the criteria established under
28subsection (b).

29(d) Matching funds.--A municipality shall provide its own
30funds or in-kind contributions, approved by the department as

1determined by <-regulations promulgated <-guidelines established by
2the department under section 6128 (relating to guidelines),
3equal to the amount of the grant provided, and shall dedicate
4and expend those funds for the purpose for which the grant was
5awarded.

6(e) Limitations.--

7(1) Grants issued under this section shall not be
8provided to the same recipient for more than three
9consecutive years.

10(2) A grant issued under this section may not exceed
11$100,000.

12(3) No grant issued under this section may be used to
13pay code enforcement personnel unless the individual has
14acquired relevant certification or training in property
15maintenance.

16§ 6125.  Imposition of surcharge.

17(a) Imposition.--Subject to the provisions of subsection
18(b):

19(1) Upon each subsequent inspection by a local code
20official, a surcharge of $250 shall be imposed on a real
21property owner in violation of one or more provisions of a
22municipal code for which the owner was previously cited for
23violating.

24(2) The surcharge imposed under paragraph (1) shall be
25in addition to any other applicable fees or charges imposed
26and collected by the municipality as provided by law.

27(b) Time to remedy.--With the exception of a serious
28violation, a property owner shall have a minimum of 90 days
29following the initial inspection by a local code official to
30remedy a violation of a municipal code, for which the owner was

1previously cited for violating, before the surcharge may be
2imposed.

3(c) Collection.--

4(1) The municipality shall collect the surcharge under
5subsection (a) and remit the moneys to the department on a
6quarterly basis.

7(2) The department shall use the moneys collected under
8paragraph (1) to fund the grants issued under section 6124
9(relating to code enforcement grant program).

10§ 6126. Fund.

11(a) Establishment.--The Municipal Property Maintenance Code
12Assistance Fund is established as a special fund within the
13State Treasury.

14(b) Deposit.--Moneys collected from the surcharge authorized
15under section 6125(a) (relating to imposition of surcharge)
16shall be deposited in the fund.

17(c) Use of funds.--The fund shall be used by the department
18exclusively for the purpose of issuing the grants provided for
19under section 6124 (relating to code enforcement grant program).
20The department may utilize up to 10% of the total <-funds <-moneys
21collected and deposited in the fund within the fiscal year to
22cover the administrative costs associated with the program.

23§ 6127. Report to General Assembly.

24The department shall submit an annual report to the Urban
25Affairs and Housing Committee of the Senate and the Urban
26Affairs Committee of the House of Representatives concerning the
27implementation of this subchapter. The report shall include the
28total amount of moneys collected and deposited into the
29Municipal Property Maintenance Code Assistance Fund as well as
30the number of grants awarded and the recipients of those grants.

1§ 6128. Guidelines.

2Within 180 days of the effective date of this section, the
3department shall establish guidelines to carry out the
4provisions of this subchapter. The guidelines to implement
5section 6124(b) (relating to code enforcement grant program) may
6include, but not be limited to:

7(1) The age of the existing housing stock in the
8municipality.

9(2) The municipality's existing tax base.

10(3) The existing financial condition of the
11municipality.

12Section 3. This act shall take effect in 90 days.