PRIOR PRINTER'S NO. 2529 PRINTER'S NO. 2794
No. 1940 Session of 2001
INTRODUCED BY PETRONE, KENNEY, 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, DAILEY AND MICHLOVIC,
SEPTEMBER 26, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 2001
AN ACT
1 Amending the act of September 28, 1965 (P.L.543, No.282),
2 entitled, "An act authorizing incorporated towns to adopt and
3 enforce zoning ordinances regulating the location,
4 construction, and use of buildings, the size of courts and
5 open spaces, the density of population, and the use of land,"
6 authorizing boards of adjustment to deny applications if
7 applicant has a tax delinquency or housing violation relating
8 to real property.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 7(g) of the act of September 28, 1965
12 (P.L.543, No.282), entitled, "An act authorizing incorporated
13 towns to adopt and enforce zoning ordinances regulating the
14 location, construction, and use of buildings, the size of courts
15 and open spaces, the density of population, and the use of
16 land," is amended by adding a paragraph to read:
17 Section 7. Board of Adjustment.--* * *
18 (g) The board of adjustment shall have the following powers:
1 * * *
2 (4) To deny issuing to any applicant for same, a building
3 permit, zoning permit, zoning variance, municipal license,
4 municipal permit or municipal approval for contemplated action
5 requiring such approval, if the applicant OWNS ANY REAL PROPERTY <--
6 IN THIS COMMONWEALTH:
7 (i) owns any real property in any municipality for which <--
8 taxes, sewer or refuse collection charges are delinquent on the
9 real property;
10 (ii) owns any property in this Commonwealth that has been <--
11 determined to be in serious violation of applicable State or
12 municipal housing, building, property maintenance or fire safety
13 code requirements, and has not taken substantial steps to bring
14 the property into code compliance; or AND <--
15 (iii) violates any applicable State or municipal, housing,
16 building, property maintenance or fire safety code requirements
17 for which the property owner has taken no substantial steps to
18 correct within six months following notification of the
19 violation.
20 All municipal variances, approvals, permits or licenses may be
21 withheld until such time as the applicant obtains a letter from
22 the appropriate State agency, municipality and/or school
23 district, indicating the property in question:
24 (A) is not presently tax delinquent IN TAXES OR SEWER OR <--
25 REFUSE COLLECTION CHARGES;
26 (B) is now in code compliance; or AND <--
27 (c) that substantial steps have been taken to bring the
28 property into code compliance.
29 Letters required by this subsection shall be verified by the
30 appropriate municipal officials before issuing to the applicant
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1 any municipal variances, approvals, permits or licenses.
2 For purposes of this subsection, "serious violations" shall mean
3 housing, building, property maintenance, or fire safety code
4 violations that pose an immediate threat to the health and
5 safety of dwelling occupants or occupants in surrounding
6 structures and passers by. "Substantial steps" shall mean an
7 affirmative action on the part of the property owner or managing
8 agent THAT IS WITHIN THE CONTROL OF THE OWNER OR AGENT as <--
9 determined by the municipality, to remedy code violations <--
10 involving physical improvements or preparations to the property.
11 * * *
12 Section 2. This act shall take effect in 60 days.
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