Regular Session 2015-2016 Senate Bill 0330 P.N. 0750

PRIOR PRINTER'S NO. 221

PRINTER'S NO. 750

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

330

Session of

2015

INTRODUCED BY WARD, ARGALL, BLAKE, YUDICHAK, VULAKOVICH,

STEFANO, WOZNIAK, WHITE, RAFFERTY, SCAVELLO AND BROWNE,

JANUARY 26, 2015

SENATOR WAGNER, URBAN AFFAIRS AND HOUSING, AS AMENDED, APRIL

15, 2015

AN ACT

Amending Title TITLES 18 (CRIMES AND OFFENSES) AND 53

(Municipalities Generally) of the Pennsylvania Consolidated

Statutes, IN OTHER OFFENSES, REPEALING THE OFFENSE OF

MUNICIPAL HOUSING CODE AVOIDANCE; AND, in neighborhood blight

reclamation and revitalization, providing for failure to

comply with a code requirement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

SECTION 1. SECTION 7510 OF TITLE 18 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS REPEALED:

[§ 7510. MUNICIPAL HOUSING CODE AVOIDANCE.

(A) OFFENSE DEFINED.--A PERSON COMMITS THE CRIME OF

MUNICIPAL HOUSING CODE AVOIDANCE IF:

(1) THE PERSON HAS BEEN CONVICTED OF A FOURTH OR

SUBSEQUENT VIOLATION OF THE SAME SUBSECTION OF A MUNICIPAL

HOUSING CODE FOR THE SAME PROPERTY;

(2) THE VIOLATION HAS BEEN CONTINUAL AND UNCORRECTED;

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(3) THE VIOLATION POSES A THREAT TO THE PUBLIC'S HEALTH,

SAFETY OR PROPERTY; AND

(4) NO REASONABLE ATTEMPT HAS BEEN MADE BY THE PERSON TO

CORRECT THE VIOLATION.

(B) GRADING.--MUNICIPAL HOUSING CODE AVOIDANCE SHALL

CONSTITUTE A:

(1) MISDEMEANOR OF THE SECOND DEGREE WHEN THE OFFENSE IS

A FOURTH CONVICTION OF A VIOLATION OF THE SAME SUBSECTION

UNDER A MUNICIPAL HOUSING CODE RELATING TO THE SAME PROPERTY.

(2) MISDEMEANOR OF THE FIRST DEGREE WHEN THE OFFENSE IS

BASED ON FIVE OR MORE CONVICTIONS OF VIOLATIONS OF THE SAME

SUBSECTION UNDER A MUNICIPAL HOUSING CODE RELATING TO THE

SAME PROPERTY.

"MUNICIPAL HOUSING CODE" MEANS ANY MUNICIPALITY'S BUILDING,

HOUSING OR PROPERTY MAINTENANCE CODE OR ORDINANCE.]

SECTION 2. TITLE 53 IS AMENDED BY ADDING A SECTION TO READ:

§ 6115. Failure to comply with a code requirement.

(a) Offense defined.--The owner of real property commits the

offense of failure to comply with a code requirement if all of

the following apply:

(1) The owner of real property has been convicted of a

second or subsequent serious violation of the same provision

of a municipal building code for the same property.

(2) The violation poses a threat to the public's health,

safety or property or is considered a public nuisance.

(3) A reasonable attempt has not been made by the owner

of real property AND THE OWNER HAS NOT TAKEN A SUBSTANTIAL

STEP to correct the violation.

(3) THE VIOLATION IS CONSIDERED A PUBLIC NUISANCE AND

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THE OWNER HAS NOT MADE A REASONABLE ATTEMPT TO CORRECT THE

VIOLATION.

(b) Grading.--Failure to comply with a code requirement

shall constitute a:

(1) Misdemeanor of the second degree if the offense is a

second conviction of a serious violation of the same

provision of a municipal building code relating to the same

property.

(2) Misdemeanor of the first degree if the offense is

based on three or more convictions of serious violations of

the same provision of a municipal building code relating to

the same property.

(1) An owner of real property convicted under subsection

(b)(1) shall be sentenced to a term of imprisonment of not

less than 10 days, undergo a minimum of six months' probation

and pay a fine of not less than $1,000.

(2) An owner of real property convicted under subsection

(b)(2) shall be sentenced to a term of imprisonment of not

less than 30 days, undergo a minimum of 12 months' probation

and pay a fine of not less than $3,000.

SHALL MEAN A BUILDING, HOUSING OR PROPERTY MAINTENANCE CODE OR

ORDINANCE OF A MUNICIPALITY.

Section 2 3. All acts and parts of acts are repealed insofar

as they are inconsistent with this act.

Section 3 4. This act shall take effect in 60 days.

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