PRIOR PRINTER'S NO. 2724 PRINTER'S NO. 2886
No. 2104 Session of 1999
INTRODUCED BY HABAY, REINARD, PETRONE, STURLA, STETLER, McGEEHAN AND HENNESSEY, DECEMBER 1, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 1, 2000
AN ACT 1 Authorizing the Commonwealth and municipalities to take action 2 to eradicate urban blight; and providing for liens and tax 3 claim hardships. 4 TABLE OF CONTENTS 5 Chapter 1. General Provisions 6 Section 101. Short title. 7 Section 102. Legislative declaration. 8 Section 103. Definitions. 9 Chapter 2. Commonwealth Permit and License Denial 10 Section 201. Authority. 11 Chapter 3. Private Asset Attachment 12 Section 301. Authority. 13 Chapter 4. Statewide Computer Registry 14 Section 401. Short title of chapter. 15 Section 402. Legislative intent. 16 Section 403. Definitions. 17 Section 404. Property maintenance code violations registry.
1 Section 405. Property maintenance code violation reports. 2 Section 406. Dissemination of information by department. 3 Section 407. Expungement. 4 Section 408. Administrative requirements. 5 Section 409. Security requirements. 6 Section 410. Audit. 7 Section 411. Imposition of surcharge. 8 Chapter 5. Tax Claim Hardships 9 Section 501. Extension of period for discharge of tax claim. 10 Section 502. Extension for elderly. 11 Section 503. Default on payments. 12 Section 504. Hearing. 13 Section 505. Purchaser responsibility. 14 Chapter 6. Miscellaneous Provisions 15 Section 601. Effective date. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 CHAPTER 1 19 GENERAL PROVISIONS 20 Section 101. Short title. 21 This act shall be known and may be cited as the Pennsylvania 22 Urban Blight Eradication Act. 23 Section 102. Legislative declaration. 24 There exists urban blight in this Commonwealth. 25 Section 103. Definitions. 26 The following words and phrases when used in this act shall 27 have the meanings given to them in this section unless the 28 context clearly indicates otherwise: 29 "Serious violations." Include housing, building, property 30 maintenance or fire safety code violations that pose an 19990H2104B2886 - 2 -
1 immediate threat to the health and safety of dwelling occupants 2 or occupants in surrounding structures and passers by. 3 "Substantial steps." An affirmative action on the part of 4 the property owner or managing agent as determined by the 5 municipality to remedy code violations, involving physical 6 improvements or preparations to the property. 7 CHAPTER 2 8 COMMONWEALTH PERMIT AND LICENSE DENIAL 9 Section 201. Authority. 10 (a) Denial.--All departments, boards and commissions shall 11 deny issuing to any applicant, any State permit, variance, 12 license or State approval for contemplated action requiring such 13 approval, if the applicant: 14 (1) owns any real property in any municipality in this <-- 15 Commonwealth which is tax delinquent; 16 (1) OWNS ANY REAL PROPERTY IN ANY MUNICIPALITY IN THIS <-- 17 COMMONWEALTH WHICH IS DELINQUENT IN THE PAYMENT OF A REAL 18 PROPERTY TAX LEVIED BY A POLITICAL SUBDIVISION; 19 (2) owns any property in this Commonwealth that has been 20 determined to be in serious violation of applicable State or 21 municipal housing, building, property maintenance or fire 22 safety code requirements, and has not taken substantial steps 23 to bring the property into code compliance. All municipal 24 variances, approvals, permits or licenses may be withheld 25 until such time as the applicant satisfactorily demonstrates 26 that all real property owned by the applicant in this 27 Commonwealth is not tax delinquent, is in code compliance or 28 that substantial steps have been taken to bring the property 29 into code compliance; or 30 (3) any violation of any applicable State or municipal 19990H2104B2886 - 3 -
1 housing, building, property maintenance or fire safety code 2 requirements for which the property owner has taken no 3 substantial steps to correct within six months following 4 notification of the violation. 5 (b) Dissemination.--The Commonwealth is authorized to 6 provide, upon request of a municipality or resident of this 7 Commonwealth, a list of the names and addresses of any property 8 owners with property maintenance code violations or tax 9 delinquencies or both. 10 CHAPTER 3 11 PRIVATE ASSET ATTACHMENT 12 Section 301. Authority. 13 In addition to the remedies contained in other statutes, a 14 municipality may institute in personam actions or proceedings at 15 law or in equity against the legal owner or owner of record of 16 any building, housing or land in serious violation of any 17 ordinance regarding building and housing codes. Any action 18 against the owner of record shall be for an amount equal to any 19 penalties and any amount expended by the municipality in abating 20 the violation. An in personam action may also be initiated 21 pursuant to this section for a continuing violation for which 22 the legal owner of record takes no substantial steps as defined 23 in section 102 to correct, within six months following 24 notification of any violation. 25 CHAPTER 4 26 STATEWIDE COMPUTER REGISTRY 27 Section 401. Short title of chapter. 28 This chapter shall be known and may be cited as the Property 29 Maintenance Code Violations Registry Act. 30 Section 402. Legislative intent. 19990H2104B2886 - 4 -
1 It is the intent of the General Assembly to eliminate the 2 neighborhood blight caused by real property owners who fail to 3 comply with municipal property maintenance codes. Neighborhood 4 blight may be partially eliminated by giving the Commonwealth 5 and municipalities access to information pertaining to the 6 current property maintenance code violations of property owners 7 applying for State and municipal permits. Access to this 8 information can be facilitated by the creation of a Statewide 9 central registry which contains a comprehensive listing of real 10 property owners along with property violations for which the 11 real property owner was convicted. 12 Section 403. Definitions. 13 The following words and phrases when used in this chapter 14 shall have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Applicant." Any owner of real property who applies for any 17 State license or certification or municipal permit. 18 "Commonwealth agency." The Governor, departments, boards, 19 agencies, commissions, authorities and other officers of the 20 Commonwealth, including those subject to the policy supervision 21 and control of the Governor. The term does not include any court 22 or other officer or agency of the unified judicial system or the 23 General Assembly or any of its officers and agencies. 24 "Department." The Department of Community and Economic 25 Development of the Commonwealth. 26 "License." A permit granted by the Commonwealth or one of 27 its agencies which gives permission to the applicant to 28 participate in a certain activity or exercise a certain 29 privilege. 30 "Licensing" or "certification." The issuance of a license or 19990H2104B2886 - 5 -
1 the formal assertion in writing of some fact or qualification 2 from the Commonwealth or one of its agencies. 3 "Municipal permits." Building permits, exceptions to zoning 4 ordinances, occupancy permits and other privileges granted by a 5 municipality. 6 "Municipality." A county, city, borough, incorporated town 7 or township, including any home rule municipality. 8 "Property maintenance code." Any municipal ordinance which 9 regulates the maintenance or development of real property. The 10 term includes building codes, housing codes and public safety 11 codes. 12 "Property maintenance code violation." A violation of a 13 property maintenance code. FOR THE PURPOSES OF THIS CHAPTER, THE <-- 14 TERM SHALL INCLUDE ANY TAX DELINQUENCY ON ANY REAL PROPERTY 15 OWNED IN ANY MUNICIPALITY IN THIS COMMONWEALTH. 16 Section 404. Property maintenance code violations registry. 17 (a) Establishment.--The department shall establish, 18 implement and administer a property maintenance code violations 19 registry. 20 (b) Composition.--The property maintenance code violations 21 registry shall contain property maintenance code violation 22 reports filed by municipalities under section 405. 23 Section 405. Property maintenance code violation reports. 24 (a) Municipalities to file.--Any municipality may file a 25 property maintenance code violation report for any person who 26 owns real property within that municipality with current 27 property maintenance code violations that have gone unabated for 28 90 days or more. 29 (b) Forms provided.--Property maintenance code violation 30 reports shall be made on forms provided by the department or may 19990H2104B2886 - 6 -
1 be made electronically. 2 (c) Information included.--Property maintenance code 3 violation reports shall include the following information: 4 (1) The name of the convicted property maintenance code 5 violator. 6 (2) The Social Security number of the violator. 7 (3) The legal description of the real property which is 8 in violation of the municipal property maintenance code. 9 (4) A description of the condition of the real property 10 which resulted in the property maintenance code violation. 11 (5) The date of the original property maintenance code 12 violation. 13 (6) The amount of penalties owed or liens attached to 14 the property with maintenance code violations. 15 (7) The municipality filing the report. 16 (d) Duties of municipality.-- 17 (1) Any municipality that files a property maintenance 18 code violation report shall follow the guidelines for 19 expungement under section 407. 20 (2) Every municipality shall make available to the 21 public a list of property owners that are in violation of 22 building code provisions. The list shall include the 23 addresses of the property owners. 24 Section 406. Dissemination of information by department. 25 (a) Requests by municipalities.-- 26 (1) Municipalities may request a copy of any property 27 maintenance code violation report on any pending applicant 28 for any municipal permit by submitting a property maintenance 29 code violation report request form to the department or 30 making the request electronically. 19990H2104B2886 - 7 -
1 (2) The department shall disseminate all property 2 maintenance code violation reports relating to the municipal 3 permit applicant to the requesting municipality within two 4 weeks of receipt of a property maintenance code violation 5 report request from that municipality. 6 (3) The municipality shall notify the applicant in 7 writing of the reasons for a decision which denies the 8 applicant the municipal permit requested if that decision is 9 based in whole or in part on information contained in the 10 property maintenance code violations registry. 11 (b) Requests by Commonwealth.-- 12 (1) Commonwealth agencies may request a copy of any 13 property maintenance code violation report on any pending 14 applicant for licensing or certification by submitting a 15 property maintenance code violation report request form to 16 the department or making the request electronically. 17 (2) The department shall disseminate all property 18 maintenance code violation reports relating to the State 19 license or certification applicant to a requesting State 20 agency within two weeks of receipt of a property maintenance 21 code violation report request from that Commonwealth agency. 22 (3) The Commonwealth agency shall notify the applicant 23 in writing of the reasons for a decision which denies the 24 licensing or certification requested by that applicant if 25 that decision is based in whole or in part on information 26 contained in the property maintenance code violations 27 registry. 28 (c) Hearing.--If requested by the applicant, a hearing will 29 be scheduled to appeal any decision made as a result of 30 municipal property maintenance code violation convictions under 19990H2104B2886 - 8 -
1 subsection (a)(3) or (b)(3). If the applicant can show cause why 2 the municipal property maintenance code violation convictions 3 should not be considered, the State or municipality shall 4 reevaluate the applicant's request for State licenses or 5 certifications respectively or municipal permits. 6 (d) Record of dissemination.--The department shall maintain 7 a listing of Commonwealth agencies and all municipalities that 8 requested information on a particular real property owner and 9 the date on which the information was disseminated. This 10 dissemination listing shall be maintained separately from the 11 record. 12 (e) Dissemination fee.--There shall be no fee assessed for 13 the dissemination of property maintenance code violations 14 information. 15 Section 407. Expungement. 16 Each municipality which filed a report with the department 17 shall notify the department when the real property is brought 18 into code compliance. The department shall include that 19 information as part of the official record for that specific 20 property and violator upon notification by the reporting 21 municipality. 22 Section 408. Administrative requirements. 23 (a) Registry maintenance.--The department shall be 24 responsible for the maintenance of the property maintenance code 25 violations registry and shall promulgate regulations necessary 26 for the establishment and operation of the property maintenance 27 code violations registry. 28 (b) Forms.--The department shall develop property 29 maintenance code violation report forms and property maintenance 30 code violation report request forms as well as procedures to 19990H2104B2886 - 9 -
1 obtain the information electronically. 2 (c) Quality control.--The department shall establish 3 procedures, in compliance with regulations promulgated by the 4 Attorney General, for the completeness and accuracy of 5 information in the property maintenance code violations 6 registry. 7 Section 409. Security requirements. 8 The department shall ensure the confidentiality and security 9 of the information contained in the property maintenance code 10 violations registry by providing that: 11 (1) Procedures have been instituted to reasonably 12 protect the property maintenance code violations registry 13 from theft, fire, sabotage, flood, wind or other natural or 14 manmade disasters. 15 (2) All personnel authorized to have access to property 16 violation history record information are selected, supervised 17 and trained accordingly. 18 Section 410. Audit. 19 (a) Audit required.--The Auditor General shall conduct 20 annual performance audits of the property maintenance code 21 violations registry. 22 (b) Access to records.--Persons conducting the audit shall 23 be provided with access to all records, reports and listings 24 required to conduct an audit of property maintenance code 25 violations record information. All persons with access to such 26 information or authorized to receive information shall cooperate 27 with and provide information requested. 28 (c) Contents of audit.--The audit shall contain a report of 29 any deficiencies and any recommendations for the correction of 30 such deficiencies. The department shall respond to the audit 19990H2104B2886 - 10 -
1 recommendations within a reasonable period of time unless the 2 audit report is appealed to the Auditor General and the appeal 3 is upheld. 4 (d) Modification of recommendations.--The Auditor General 5 shall have the power to modify the corrective measures 6 recommended by the audit upon appeal of the audit 7 recommendations by the department. 8 Section 411. Imposition of surcharge. 9 There is imposed on each individual convicted of a municipal 10 property maintenance code violation a surcharge in the amount of 11 $10 for each municipal property maintenance code violation 12 resulting in a conviction. This surcharge shall be in addition 13 to any other applicable fees or charges lawfully collected by 14 the municipality and court. The municipality shall collect the 15 surcharge and remit all funds to the department on a quarterly 16 basis. Funds generated by the surcharge shall be used to finance 17 the Statewide implementation of the property maintenance code 18 violations registry. 19 CHAPTER 5 20 TAX CLAIM HARDSHIPS 21 Section 501. Extension of period for discharge of tax claim. 22 A municipality shall retain a lien for the total amount of 23 taxes owed on a property upon the entering of an equitable 24 apportioned payment schedule with a municipal tax claim bureau. 25 Section 502. Extension for elderly. 26 A municipality shall retain a lien for the total amount of 27 taxes owed on the property upon the entering of an equitable 28 apportioned payment schedule with a municipal tax claim bureau. 29 Section 503. Default on payments. 30 If an applicant defaults on any payment of an equitable 19990H2104B2886 - 11 -
1 apportioned payment schedule the lien on the property shall be 2 immediately satisfied by upset sale under Article VI of the act 3 of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax 4 Sale Law. 5 Section 504. Hearing. 6 If requested by the applicant, a hearing shall be scheduled 7 to appeal any decision made as a result of the default of an 8 equitable apportioned payment. Should the applicant provide 9 sufficient reason for the default of the scheduled payment, the 10 authorized extension shall be reevaluated and reinstated under 11 this chapter. 12 Section 505. Purchaser responsibility. 13 (a) Purchaser's duties.--After the deed has been conveyed to 14 the purchaser of the property at a sheriff's sale, if the 15 property does not comply with municipal housing and building 16 code standards, then it shall be the responsibility of the 17 purchaser to: 18 (1) Commence the abatement of substandard conditions 19 within 30 days of sale confirmation. 20 (2) Bring the property into full municipal housing and 21 building code compliance within nine months of the sale 22 confirmation. 23 (b) Municipal authority.--Municipalities shall be authorized 24 to extend or reevaluate the time frames established in 25 subsection (a) as deemed necessary. 26 (c) Appeal hearing.--If requested by the purchaser, a 27 hearing shall be scheduled to appeal any decision made as a 28 result of the failure to achieve code compliance under 29 subsection (a). Should the purchaser provide sufficient reason 30 for the failure to comply with the municipal housing and 19990H2104B2886 - 12 -
1 building code, an authorized extension shall be granted by the 2 municipality pursuant to subsection (b). 3 (d) Resale.--If the purchaser of the property fails to 4 achieve full code compliance under subsection (a), upon petition 5 of the municipality to the court of common pleas, the property 6 shall be put up for sale as the court shall direct, and the 7 purchaser shall receive the net proceeds from the resale of the 8 property in question. 9 CHAPTER 6 10 MISCELLANEOUS PROVISIONS 11 Section 601. Effective date. 12 This act shall take effect in 60 days. K19L53JLW/19990H2104B2886 - 13 -