PRIOR PRINTER'S NO. 2526 PRINTER'S NO. 2792
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, J. WILLIAMS AND MICHLOVIC,
SEPTEMBER 26, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 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
1 to any penalties and any amount expended by the municipality in
2 abating the violation. An in personam action may also be
3 initiated pursuant to this section for a continuing violation
4 for which the legal owner of record takes no substantial steps
5 as defined by this section to correct, within six months
6 following notification of any violation.
7 (b) Definitions.--As used in this section, the following
8 words and phrases shall have the meanings given to them in this
9 subsection:
10 "Serious violations." Housing, building, property
11 maintenance or fire safety code violations that pose an
12 immediate threat to the health and safety of dwelling occupants
13 or occupants in surrounding structures and passersby.
14 "Substantial steps." An affirmative action on the part of
15 the property owner or managing agent THAT IS WITHIN THE CONTROL <--
16 OF THE OWNER OR AGENT as determined by the municipality, to <--
17 remedy code violations, involving physical improvements or <--
18 preparations to the property.
19 Section 2. This act shall take effect in 60 days.
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