PRIOR PRINTER'S NOS. 221, 750
PRINTER'S NO. 775
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
AS AMENDED ON SECOND CONSIDERATION, APRIL 20, 2015
AN ACT
Amending 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. 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Consolidated Statutes is repealed: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;
(3) the violation poses a threat to the public's health,
safety or property; and
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(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.
(c) Definition.--As used in this section, the term
"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 code for the same property.
(2) The violation poses a threat to the public's health,
safety or property and the owner has not taken a substantial
step to correct the violation.
(3) The violation is considered a public nuisance and
the owner has not made a reasonable attempt to correct the
violation.
(b) Grading.--Failure to comply with a code requirement
shall constitute a:
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(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.
(c) Definition.--As used in this section, "c ode requirement "
shall mean a building, housing or property maintenance code or
ordinance of a municipality.
Section 3. All acts and parts of acts are repealed insofar
as they are inconsistent with this act.
Section 4. This act shall take effect in 60 days.
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