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                                                      PRINTER'S NO. 2526

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1937 Session of 2001


        INTRODUCED BY HENNESSEY, KENNEY, PETRONE, ARGALL, PHILLIPS,
           BROWNE, L. I. COHEN, HESS, LEDERER, DIVEN, MANN, M. WRIGHT,
           BASTIAN, BUNT, CIVERA, FICHTER, GODSHALL, HARHART,
           McILHINNEY, RUBLEY, TRELLO, FREEMAN, WATSON, M. COHEN,
           MICOZZIE, McILHATTAN, FEESE, WALKO, JAMES, BEBKO-JONES,
           CAPPELLI, DAILEY AND J. WILLIAMS, SEPTEMBER 26, 2001

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 26, 2001

                                     AN ACT

     1  Amending Title 53 (Municipalities Generally) of the Pennsylvania
     2     Consolidated Statutes, authorizing municipalities to
     3     institute in personam actions against certain property
     4     owners.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 53 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 8010.  Authority to institute in personam actions against
    10             certain property owners.
    11     (a)  Actions.--In addition to the remedies contained in other
    12  statutes, a municipality may institute in personam actions or
    13  proceedings at law or in equity against the legal owner or owner
    14  of record of any building, housing or land in serious violation
    15  of any ordinance regarding building and housing codes. Any
    16  action against the owner of record shall be for an amount equal
    17  to any penalties and any amount expended by the municipality in

     1  abating the violation. An in personam action may also be
     2  initiated pursuant to this section for a continuing violation
     3  for which the legal owner of record takes no substantial steps
     4  as defined by this section to correct, within six months
     5  following notification of any violation.
     6     (b)  Definitions.--As used in this section, the following
     7  words and phrases shall have the meanings given to them in this
     8  subsection:
     9     "Serious violations."  Housing, building, property
    10  maintenance or fire safety code violations that pose an
    11  immediate threat to the health and safety of dwelling occupants
    12  or occupants in surrounding structures and passersby.
    13     "Substantial steps."  An affirmative action on the part of
    14  the property owner or managing agent as determined by the
    15  municipality to remedy code violations, involving physical
    16  improvements or preparations to the property.
    17     Section 2.  This act shall take effect in 60 days.









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