HOUSE AMENDED
PRIOR PRINTER'S NOS. 1385, 1766
PRINTER'S NO. 1951
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
940
Session of
2019
INTRODUCED BY DiSANTO, ARGALL, BROWNE, MENSCH, YUDICHAK,
BREWSTER, MASTRIANO, K. WARD AND J. WARD, NOVEMBER 18, 2019
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 17, 2020
AN ACT
Amending the act of December 20, 2000 (P.L.724, No.99), entitled
"An act requiring purchasers of real estate with buildings
thereon to bring the buildings into compliance with municipal
codes; providing for nuisance abatement; and imposing
penalties," further providing for definitions and for
compliance requirement. PROVIDING FOR FILING AND RECORDING BY
MUNICIPALITIES OF CONDEMNATION ORDERS AND FOR STATEMENTS OF
VACATED CONDEMNATION ORDERS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 20, 2000
(P.L.724, No.99), known as the Municipal Code and Ordinance
Compliance Act, is amended by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Condemnation order." A declaration by an authorized
official of a municipality that a dwelling, building, structure
or premises is unfit for human habitation or other use or
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conditions exist that are dangerous or injurious to the health
or safety of the occupants of the dwelling, building, structure
or premises, the occupants of neighboring dwellings or other
residents of the municipality and which declaration includes a
demand for the owner to take corrective action to the dwelling,
building, structure or premises.
* * *
Section 2. Section 3 of the act is amended by adding a
subsection to read:
Section 3. Compliance requirement.
* * *
(e.1) Recording of condemnation orders.--
(1) A municipality that issues a condemnation order on a
property may record the condemnation order with the office of
recorder of deeds of the county in which the property is
located . If recorded, the condemnation order shall be
constructive notice to all purchasers and other persons who
are responsible for the property.
(2) The municipality may recover the cost of recording
the condemnation order from the tax sale proceeds or directly
from the purchaser.
(3) Notwithstanding section 612(a) of the act of July 7,
1947 (P.L.1368, No.542), known as the Real Estate Tax Sale
Law, a properly recorded condemnation order shall be a lien
on the property and shall not be affected by an upset sale, a
judicial sale or a repository sale of the property.
(4) After a condemnation order has been recorded under
this section, if the municipality vacates the condemnation
order, the municipal code officer shall , within 15 days of
the condemnation order being vacated, record with the office
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of recorder of deeds a statement indicating that the
condemnation order has been vacated.
* * *
Section 3. This act shall take effect in 60 days.
SECTION 1. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MUNICIPALITY
CONDEMNATION ORDER ACT.
SECTION 2. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"CONDEMNATION ORDER." A DECLARATION BY AN AUTHORIZED
OFFICIAL OF A MUNICIPALITY THAT A DWELLING, BUILDING, STRUCTURE
OR PREMISES IS UNFIT FOR HUMAN HABITATION OR OTHER USE OR
CONDITIONS EXIST THAT ARE DANGEROUS OR INJURIOUS TO THE HEALTH
OR SAFETY OF THE OCCUPANTS OF THE DWELLING, BUILDING, STRUCTURE
OR PREMISES, THE OCCUPANTS OF NEIGHBORING DWELLINGS OR OTHER
RESIDENTS OF THE MUNICIPALITY AND WHICH DECLARATION INCLUDES A
DEMAND FOR THE OWNER TO TAKE CORRECTIVE ACTION TO THE DWELLING,
BUILDING, STRUCTURE OR PREMISES.
"MUNICIPALITY." A CITY, BOROUGH, INCORPORATED TOWN,
TOWNSHIP, HOME RULE MUNICIPALITY, OPTIONAL PLAN MUNICIPALITY,
OPTIONAL CHARTER MUNICIPALITY OR SIMILAR GENERAL PURPOSE UNIT OF
GOVERNMENT THAT MAY BE CREATED OR AUTHORIZED BY STATUTE.
SECTION 3. FILING AND RECORDING OF CONDEMNATION ORDERS.
(A) GENERAL RULE.--A MUNICIPALITY THAT ISSUES A CONDEMNATION
ORDER ON A PROPERTY MAY RECORD THE CONDEMNATION ORDER WITH THE
OFFICE OF RECORDER OF DEEDS OF THE COUNTY IN WHICH THE PROPERTY
IS LOCATED.
(B) CONSTRUCTIVE NOTICE.--IF RECORDED, THE CONDEMNATION
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ORDER SHALL BE CONSTRUCTIVE NOTICE TO ALL PURCHASERS AND OTHER
PERSONS WHO ARE RESPONSIBLE FOR THE PROPERTY.
SECTION 4. COST OF RECORDING.
A MUNICIPALITY MAY RECOVER THE COST OF RECORDING A
CONDEMNATION ORDER ON A PROPERTY FROM THE TAX SALE PROCEEDS OR
DIRECTLY FROM THE PURCHASER OF THE PROPERTY.
SECTION 5. VALIDITY OF CONDEMNATION ORDER.
NOTWITHSTANDING SECTION 612(A) OF THE ACT OF JULY 7, 1947
(P.L.1368, NO.542), KNOWN AS THE REAL ESTATE TAX SALE LAW, A
PROPERLY RECORDED CONDEMNATION ORDER SHALL BE A LIEN ON THE
PROPERTY AND SHALL NOT BE AFFECTED BY AN UPSET SALE, A JUDICIAL
SALE OR A REPOSITORY SALE OF THE PROPERTY.
SECTION 6. STATEMENT OF VACATED CONDEMNATION ORDER.
AFTER A CONDEMNATION ORDER ON A PROPERTY HAS BEEN RECORDED
UNDER THIS SECTION, IF THE MUNICIPALITY VACATES THE CONDEMNATION
ORDER, THE MUNICIPALITY SHALL, WITHIN 15 DAYS OF THE
CONDEMNATION ORDER BEING VACATED, RECORD WITH THE OFFICE OF
RECORDER OF DEEDS A STATEMENT INDICATING THAT THE CONDEMNATION
ORDER HAS BEEN VACATED.
SECTION 7. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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