PRINTER'S NO. 392
No. 379 Session of 1999
INTRODUCED BY REINARD AND McILHINNEY, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 8, 1999
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," requiring the Department of 21 Environmental Protection to give notice to municipalities of 22 orders for abatement of nuisances; and making editorial 23 changes. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Section 1917-A of the act of April 9, 1929 27 (P.L.177, No.175), known as The Administrative Code of 1929, 28 added December 3, 1970 (P.L.834, No.275), is amended to read:
1 Section 1917-A. Abatement of Nuisances.--The Department of 2 Environmental [Resources] Protection shall have the power and 3 its duty shall be: 4 (1) To protect the people of this Commonwealth from 5 unsanitary conditions and other nuisances, including any 6 condition which is declared to be a nuisance by any law 7 administered by the department; 8 (2) To cause examination to be made of nuisances, or 9 questions affecting the security of life and health, in any 10 locality, and, for that purpose, without fee or hinderance, to 11 enter, examine and survey all grounds, vehicles, apartments, 12 buildings, and places, within the Commonwealth, and all persons, 13 authorized by the department to enter, examine and survey such 14 grounds, vehicles, apartments, buildings and places, shall have 15 the powers and authority conferred by law upon constables; 16 (3) To order such nuisances including those detrimental to 17 the public health to be abated and removed and to provide the 18 governing body of the local municipality and county in which an 19 alleged nuisance is located a copy of the order within seven 20 days after its issuance; 21 (4) If the owner or occupant of any premises, whereon any 22 such nuisance fails to comply with any order of the department 23 for the abatement or removal thereof, to enter upon the 24 premises, to which such order relates, and abate or remove such 25 nuisance; 26 (5) For the purpose of collecting or recovering the expense 27 of the abatement or removal of a nuisance, to file a claim, or 28 maintain an action, in such manner as may now or hereafter be 29 provided by law, against the owner or occupant of the premises 30 upon or from which such nuisance shall have been abated or 19990H0379B0392 - 2 -
1 removed by the department;
2 (6) In making examinations as authorized by this section,
3 the Department of Environmental [Resources] Protection shall
4 cooperate with the Department of Health, for the purpose of
5 avoiding any duplication of inspection or overlapping of
6 functions.
7 Section 2. This act shall take effect in 60 days.
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