PRINTER'S NO. 2528
No. 1939 Session of 2001
INTRODUCED BY KENNEY, PETRONE, ARGALL, PHILLIPS, BROWNE,
L. I. COHEN, HENNESSEY, HESS, LEDERER, DIVEN, MANN,
M. WRIGHT, J. WILLIAMS, BASTIAN, BUNT, CIVERA, DALLY,
FICHTER, GODSHALL, HARHART, McILHINNEY, RUBLEY, TRELLO,
FREEMAN, WATSON, M. COHEN, MICOZZIE, McILHATTAN, FEESE,
WALKO, JAMES, BEBKO-JONES, CAPPELLI AND DAILEY,
SEPTEMBER 26, 2001
REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 26, 2001
AN ACT
1 Amending the act of June 25, 1919 (P.L.581, No.274), entitled
2 "An act for the better government of cities of the first
3 class of this Commonwealth," limiting the issuance of
4 permits, licenses, variances and approvals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1 of Article IV of the act of June 25,
8 1919 (P.L.581, No.274), referred to as the First Class City
9 Government Law, is amended to read:
10 ARTICLE IV.
11 Officers and Employes in General.
12 Section 1. (a) Except as herein otherwise provided, the
13 powers, functions, and duties of all executive departments,
14 bureaus, boards, divisions, officers, and employes of such
15 cities shall continue as now provided by law.
16 (b) Any officer of the city may deny issuing to any
1 applicant a building permit, zoning permit, zoning variance,
2 municipal license, municipal permit or municipal approval for
3 contemplated action requiring such approval if the applicant:
4 (1) owns any real property in any municipality for which
5 taxes, or sewer or refuse collection charges are delinquent on
6 the real property;
7 (2) owns any property in this Commonwealth that has been
8 determined to be in serious violation of applicable State or
9 municipal housing, building, property maintenance or fire safety
10 code requirements, and has not taken substantial steps to bring
11 the property into code compliance; or
12 (3) is in violation of any applicable State or municipal,
13 housing, building, property maintenance or fire safety code
14 requirements for which the property owner has taken no
15 substantial steps to correct within six months following
16 notification of the violation.
17 (c) All municipal variances, approvals, permits or licenses
18 may be withheld until such time as the applicant obtains a
19 letter from the appropriate State agency, municipality and/or
20 school district, indicating the property in question:
21 (i) is not presently tax delinquent;
22 (ii) is now in code compliance; or
23 (iii) that substantial steps have been taken to bring the
24 property into code compliance.
25 Letters required by this clause shall be verified by the
26 appropriate city officials before issuing to the applicant any
27 municipal variances, approvals, permits or licenses.
28 (d) For purposes of this section:
29 "Serious violations" shall mean housing, building, property
30 maintenance, or fire safety code violations that pose an
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1 immediate threat to the health and safety of dwelling occupants
2 or occupants in surrounding structures and passers by.
3 "Substantial steps" shall mean an affirmative action on the
4 part of the property owner or managing agent as determined by
5 the municipality to remedy code violations, involving physical
6 improvements or preparations to the property.
7 Section 2. This act shall take effect in 60 days.
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