Regular Session 2021-2022 House Bill 1827 P.N. 2070

PRINTER'S NO. 2070

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1827

Session of

2021

INTRODUCED BY MERSKI, FREEMAN, STURLA, SCHLOSSBERG, SANCHEZ,

DELLOSO, N. NELSON, KINSEY, LONGIETTI AND PASHINSKI,

SEPTEMBER 1, 2021

REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 1, 2021

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in neighborhood blight reclamation and

revitalization, establishing a grant program for

municipalities to establish code enforcement programs and

hire code enforcement personnel; providing for powers and

duties of the Department of Community and Economic

Development; providing for imposition of a surcharge; and

establishing the Municipal Property Maintenance Code

Assistance Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 61 of Title 53 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER B.1

MUNICIPAL PROPERTY MAINTENANCE CODE ASSISTANCE

Sec.

6121. Scope.

6122. Legislative intent.

6123. Definitions.

6124. Code enforcement grant program.

6125. Imposition of surcharge.

6126. Fund.

6127. Report to General Assembly.

6128. Guidelines.

§ 6121. Scope.

This subchapter relates to municipal property maintenance

code assistance.

§ 6122. Legislative intent.

The purpose of this subchapter is to provide funding for

individual municipalities, two or more municipalities under

Subchapter A of Chapter 23 (relating to intergovernmental

cooperation), councils of governments or a multimunicipal code

enforcement entity, for the purpose of municipal property

maintenance code enforcement within that county or region in

order to prevent and eradicate blighted property conditions.

§ 6123. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Fund." The Municipal Property Maintenance Code Assistance

Fund established in this subchapter.

"Municipal code" or "code." A building, housing, property

maintenance, fire, health or other public safety ordinance,

related to the use or maintenance of real property, enacted by a

municipality. The term does not include a subdivision and land

development ordinance or a zoning ordinance enacted by a

municipality.

"Municipality." A city, borough, incorporated town, township

or home rule, optional plan or optional charter municipality or

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municipal authority within this Commonwealth or any entity

formed under Subchapter A of Chapter 23 (relating to

intergovernmental cooperation).

"Serious violation." A violation of a code that poses an

imminent threat to the health and safety of a dwelling occupant,

occupants in surrounding structures or a passerby.

§ 6124. Code enforcement grant program.

(a) Establishment.--The department shall issue grants to

municipalities for the purpose of reducing blighted property

conditions through:

(1) the establishment of special code enforcement

programs to address blighted property conditions, where a

municipal code enforcement program already exists; or

(2) the establishment of code enforcement programs and

the hiring and training of code enforcement personnel in

those municipalities without an existing code enforcement

program.

(b) Competitive awards.--The department shall issue grants

under this section to municipalities on a competitive basis

according to the following criteria:

(1) The benefit to the municipality of having an

adequately funded and staffed code enforcement department.

(2) Whether the municipality's building code enforcement

department demonstrates an ability to work cooperatively with

other local code enforcement offices, health departments and

local prosecutorial agencies.

(3) Whether the municipality demonstrates a financial

need for the grant.

(4) The overall condition of the real property within

the municipality.

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section, a municipality must submit an application acceptable to

the department and that addresses the criteria established under

subsection (b).

(d) Matching funds.--A municipality shall provide its own

funds or in-kind contributions, approved by the department as

determined by guidelines established by the department under

section 6128 (relating to guidelines), equal to the amount of

the grant provided, and shall dedicate and expend those funds

for the purpose for which the grant was awarded.

(e) Limitations.--

(1) Grants issued under this section shall not be

provided to the same recipient for more than three

consecutive years.

(2) A grant issued under this section may not exceed

$100,000.

(3) No grant issued under this section may be used to

pay code enforcement personnel unless the individual has

acquired relevant certification or training in property

maintenance.

§ 6125. Imposition of surcharge.

(a) Imposition.--Subject to the provisions of subsection

(b):

(1) Upon each subsequent inspection by a local code

official, a surcharge of $250 shall be imposed on a real

property owner in violation of one or more provisions of a

municipal code for which the owner was previously cited for

violating.

(2) The surcharge imposed under paragraph (1) shall be

in addition to any other applicable fees or charges imposed

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and collected by the municipality as provided by law.

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

violation, a property owner shall have a minimum of 90 days

following the initial inspection by a local code official to

remedy a violation of a municipal code, for which the owner was

previously cited for violating, before the surcharge may be

imposed.

(1) The municipality shall collect the surcharge under

subsection (a) and remit the money to the department on a

quarterly basis.

(2) The department shall use the money collected under

paragraph (1) to fund the grants issued under section 6124

(relating to code enforcement grant program).

§ 6126. Fund.

(a) Establishment.--The Municipal Property Maintenance Code

Assistance Fund is established within the State Treasury.

(b) Deposit.--Money collected from the surcharge authorized

under section 6125(a) (relating to imposition of surcharge)

shall be deposited in the fund.

exclusively for the purpose of issuing the grants provided for

under section 6124 (relating to code enforcement grant program).

The department may utilize up to 10% of the total money

collected and deposited in the fund within the fiscal year to

cover the administrative costs associated with the program.

§ 6127. Report to General Assembly.

The department shall submit an annual report to the Urban

Affairs and Housing Committee of the Senate and the Urban

Affairs Committee of the House of Representatives concerning the

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implementation of this subchapter. The report shall include the

total amount of money collected and deposited into the fund as

well as the number of grants awarded and the recipients of those

grants.

§ 6128. Guidelines.

Within 180 days of the effective date of this section, the

department shall establish guidelines to carry out the

provisions of this subchapter. The guidelines to implement

section 6124(b) (relating to code enforcement grant program) may

include, but not be limited to:

(1) The age of the existing housing stock in the

municipality.

(2) The municipality's existing tax base.

(3) The existing financial condition of the

municipality.

Section 2. This act shall take effect in 90 days.

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