PRIOR PRINTER'S NO. 1147 PRINTER'S NO. 1583
No. 965 Session of 1997
INTRODUCED BY STETLER, DENT, M. N. WRIGHT, ITKIN, STABACK,
BELARDI, ARGALL, HERSHEY, CAWLEY, STERN, STURLA, CARONE,
RAYMOND, GEIST, MASLAND, SERAFINI, GLADECK, VAN HORNE,
BROWNE, L. I. COHEN, HENNESSEY, YOUNGBLOOD, RUBLEY, RAMOS,
McGEEHAN, CIVERA, McNAUGHTON, PETRONE AND ROSS,
MARCH 25, 1997
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 28, 1997
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 further providing for the specific powers of the city
5 council.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause 60 of section 2403 of the act of June 23,
9 1931 (P.L.932, No.317), known as The Third Class City Code,
10 reenacted and amended June 28, 1951 (P.L.662, No.164) and
11 amended December 3, 1987 (P.L.411, No.85), is amended and the
12 section is amended by adding a clause to read:
13 Section 2403. Specific Powers.--In addition to other powers
14 granted by this act, the council of each city shall have power,
15 by ordinance:
16 * * *
17 60. Local Self-Government.--In addition to the powers and
1 authority vested in each city by the provisions of this act, to
2 make and adopt all such ordinances, by-laws, rules and
3 regulations, not inconsistent with or restrained by the
4 Constitution and laws of this Commonwealth, as may be expedient
5 or necessary for the proper management, care and control of the
6 city and its finances, and the maintenance of the peace, good
7 government, safety and welfare of the city, and its trade,
8 commerce and manufactures; and also all such ordinances, by-
9 laws, rules and regulations as may be necessary in and to the
10 exercise of the powers and authority of local self-government in
11 all municipal affairs; and the said ordinances, by-laws, rules
12 and regulations to alter, modify, and repeal at pleasure; and to
13 enforce all ordinances inflicting penalties upon inhabitants or
14 other persons for violations thereof, not exceeding one thousand
15 dollars for a violation of a [building, housing, property
16 maintenance, health, fire or public safety code or ordinance,
17 and for] water[,] or air and noise pollution [violations]
18 ordinance, and not exceeding six hundred dollars for a violation
19 of any other ordinance, except as provided in clause 60.1,
20 recoverable with costs, together with judgment of imprisonment,
21 not exceeding ninety days, if the amount of said judgment and
22 costs shall not be paid: Provided, however, That no ordinance,
23 by-law, rule or regulation shall be made or passed which
24 contravenes or violates any of the provisions of the
25 Constitution of the United States or of this Commonwealth, or of
26 any act of Assembly heretofore or that may be hereafter passed
27 and in force in said city.
28 60.1. Collection of Penalties for Violations of Building,
29 Housing, Property Maintenance, Health, Fire or Public Safety
30 Ordinance.--(a) No fine or penalty shall exceed one thousand
19970H0965B1583 - 2 -
1 dollars for a violation of a building, housing, property
2 maintenance, health, fire or public safety ordinance, except as
3 provided herein.
4 (b) After FOR VIOLATIONS WHICH POSE A SERIOUS THREAT TO <--
5 HEALTH, SAFETY OR PROPERTY, AFTER thirty days from the initial
6 charge, each day that the violation continues shall MAY <--
7 constitute a separate violation UNLESS A PERSON DEMONSTRATES A <--
8 GOOD FAITH EFFORT TO BEGIN ABATEMENT OF THE VIOLATION. If the
9 violation remains unabated after ninety days from the initial
10 charge, the owner of the real property in violation may
11 surrender title to the city in lieu of payment of the accrued
12 penalties.
13 (c) Any person charged for a violation IN SUBSECTION (B) who <--
14 fails, without just cause, to begin abatement of the violation
15 within ninety days of the initial charge OR FAILS TO DEMONSTRATE <--
16 THAT A GOOD FAITH EFFORT HAS BEEN MADE TO BEGIN ABATEMENT OF THE
17 VIOLATION, commits a misdemeanor of the third degree and shall <--
18 MAY, upon conviction, be sentenced to pay a fine of not more <--
19 than two thousand five hundred dollars and imprisonment of not
20 more than one year.
21 * * *
22 Section 2. This act shall take effect in 60 days.
A10L11JRW/19970H0965B1583 - 3 -