PRINTER'S NO. 3445
No. 2532 Session of 1998
INTRODUCED BY STURLA, FICHTER, CAWLEY, REINARD, PETRONE,
STABACK, CARONE, COY, GODSHALL, ARGALL, MARSICO,
E. Z. TAYLOR, PIPPY, DEMPSEY, ROBINSON, CAPPABIANCA, MAHER,
READSHAW, OLASZ, WOGAN, WALKO, HARHAI, ORIE, WOJNAROSKI,
VAN HORNE, HENNESSEY AND RAMOS, APRIL 22, 1998
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 22, 1998
AN ACT
1 Providing for the establishment, implementation and
2 administration of a Statewide registry for the compilation of
3 and the dissemination of information relating to outstanding
4 violations of municipal codes and ordinances relating to
5 housing and for the use of disseminated information; and
6 imposing powers and duties on the Department of Community and
7 Economic Development and on the various classes of
8 municipalities.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Legislative intent.
12 Section 3. Definitions.
13 Section 4. Property maintenance code violations registry.
14 Section 5. Property maintenance code violation reports.
15 Section 6. Dissemination of information by department.
16 Section 7. Expungement.
17 Section 8. Administrative requirements.
18 Section 9. Security requirements.
19 Section 10. Audit.
1 Section 11. Imposition of surcharge.
2 Section 12. Severability.
3 Section 13. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Property
8 Maintenance Code Violations Registry Act.
9 Section 2. Legislative intent.
10 It is the intent of the General Assembly to eliminate the
11 neighborhood blight caused by real property owners who fail to
12 comply with municipal property maintenance codes. Neighborhood
13 blight may be partially eliminated by giving the Commonwealth
14 and municipalities access to information pertaining to the
15 current property maintenance code violations of property owners
16 applying for State and municipal permits. Access to this
17 information can be facilitated by the creation of a Statewide
18 central registry which contains a comprehensive listing of real
19 property owners along with property violations for which the
20 real property owner was convicted.
21 Section 3. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Applicant." Any owner of real property who applies for any
26 State license or certification or municipal permit.
27 "Commonwealth agency." The Governor, departments, boards,
28 agencies, commissions, authorities and other officers of the
29 Commonwealth, including those subject to the policy supervision
30 and control of the Governor. The term does not include any court
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1 or other officer or agency of the unified judicial system or the
2 General Assembly or any of its officers and agencies.
3 "Department." The Department of Community and Economic
4 Development of the Commonwealth.
5 "License." A permit granted by the Commonwealth or one of
6 its agencies which gives permission to the applicant to
7 participate in a certain activity or exercise a certain
8 privilege.
9 "Licensing or certification." The issuance of a license or
10 the formal assertion in writing of some fact or qualification
11 from the Commonwealth or one of its agencies.
12 "Municipal permits." Building permits, exceptions to zoning
13 ordinances, occupancy permits and other privileges granted by a
14 municipality.
15 "Municipality." A county, city, borough, incorporated town
16 or township, including any home rule municipality.
17 "Property maintenance code." Any municipal ordinance which
18 regulates the maintenance or development of real property. The
19 term includes building codes, housing codes and public safety
20 codes.
21 "Property maintenance code violation." A violation of a
22 property maintenance code.
23 Section 4. Property maintenance code violations registry.
24 (a) Establishment.--The department shall establish,
25 implement and administer a property maintenance code violations
26 registry.
27 (b) Composition.--The property maintenance code violations
28 registry shall contain property maintenance code violation
29 reports filed by municipalities under section 5.
30 Section 5. Property maintenance code violation reports.
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1 (a) Municipalities to file.--Any municipality may file a
2 property maintenance code violation report for any person who
3 owns real property within that municipality with current
4 property maintenance code violations that have gone unabated for
5 90 days or more.
6 (b) Forms provided.--Property maintenance code violation
7 reports will be made on forms provided by the department or may
8 be made electronically.
9 (c) Information included.--Property maintenance code
10 violation reports shall include the following information:
11 (1) The name of the convicted property maintenance code
12 violator.
13 (2) The Social Security number of the violator.
14 (3) The legal description of the real property which is
15 in violation of the municipal property maintenance code.
16 (4) A description of the condition of the real property
17 which resulted in the property maintenance code violation.
18 (5) The date of the original property maintenance code
19 violation.
20 (6) The amount of penalties owed or liens attached to
21 the property with maintenance code violations.
22 (7) The municipality filing the report.
23 (d) Duty of municipality.--Any municipality that files a
24 property maintenance code violation report shall follow the
25 guidelines for expungement under section 7.
26 Section 6. Dissemination of information by department.
27 (a) Requests by municipalities.--
28 (1) Municipalities may request a copy of any property
29 maintenance code violation report on any pending applicant
30 for any municipal permit by submitting a property maintenance
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1 code violation report request form to the department or
2 requesting same electronically.
3 (2) The department shall disseminate all property
4 maintenance code violation reports relating to the municipal
5 permit applicant to the requesting municipality within two
6 weeks of receipt of a property maintenance code violation
7 report request from that municipality.
8 (3) The municipality shall notify the applicant in
9 writing of the reasons for a decision which denies the
10 applicant the municipal permit requested if that decision is
11 based in whole or in part on information contained in the
12 property maintenance code violations registry.
13 (b) Requests by Commonwealth.--
14 (1) Commonwealth agencies may request a copy of any
15 property maintenance code violation report on any pending
16 applicant for licensing or certification by submitting a
17 property maintenance code violation report request form to
18 the department or requesting same electronically.
19 (2) The department shall disseminate all property
20 maintenance code violation reports relating to the State
21 license or certification applicant to a requesting State
22 agency within two weeks of receipt of a property maintenance
23 code violation report request from that Commonwealth agency.
24 (3) The Commonwealth agency shall notify the applicant
25 in writing of the reasons for a decision which denies the
26 licensing or certification requested by that applicant if
27 that decision is based in whole or in part on information
28 contained in the property maintenance code violations
29 registry.
30 (c) Hearing.--If requested by the applicant, a hearing will
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1 be scheduled to appeal any decision made as a result of
2 municipal property maintenance code violation convictions under
3 subsection (a)(3) or (b)(3). If the applicant can show cause why
4 the municipal property maintenance code violation convictions
5 should not be considered, the State or municipality shall
6 reevaluate the applicant's request for State licenses or
7 certifications respectively or municipal permits.
8 (d) Record of dissemination.--The department shall maintain
9 a listing of Commonwealth agencies and all municipalities that
10 requested information on a particular real property owner and
11 the date on which the information was disseminated. This
12 dissemination listing shall be maintained separate from the
13 record.
14 (e) Dissemination fee.--There shall be no fee assessed for
15 the dissemination of property maintenance code violation
16 information.
17 Section 7. Expungement.
18 Each municipality which filed a report with the department
19 shall notify the department when the real property is brought
20 into code compliance. The department shall include that
21 information as part of the official record for that specific
22 property and violator upon notification by the reporting
23 municipality.
24 Section 8. Administrative requirements.
25 (a) Registry maintenance.--The department shall be
26 responsible for the maintenance of the property maintenance code
27 violations registry and shall promulgate regulations necessary
28 for the establishment and operation of the property maintenance
29 code violations registry.
30 (b) Forms.--The department shall develop property
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1 maintenance code violation report forms and property maintenance
2 code violation report request forms as well as procedures to
3 obtain the information electronically.
4 (c) Quality control.--The department shall establish
5 procedures, in compliance with regulations promulgated by the
6 Attorney General, for the completeness and accuracy of
7 information in the property maintenance code violations
8 registry.
9 Section 9. Security requirements.
10 The department shall ensure the confidentiality and security
11 of the information contained in the property maintenance code
12 violations registry by providing that:
13 (1) Procedures have been instituted to reasonably
14 protect the property maintenance code violations registry
15 from theft, fire, sabotage, flood, wind or other natural or
16 manmade disasters.
17 (2) All personnel authorized to have access to property
18 violation history record information are selected, supervised
19 and trained accordingly.
20 Section 10. Audit.
21 (a) Audit required.--The Auditor General shall conduct
22 annual performance audits of the property maintenance code
23 violations registry.
24 (b) Access to records.--Persons conducting the audit shall
25 be provided with access to all records, reports and listings
26 required to conduct an audit of property maintenance code
27 violations record information. All persons with access to such
28 information or authorized to receive information shall cooperate
29 with and provide information requested.
30 (c) Contents of audit.--The audit shall contain a report of
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1 any deficiencies and any recommendations for the correction of
2 such deficiencies. The department shall respond to the audit
3 recommendations within a reasonable period of time unless the
4 audit report is appealed to the Auditor General and the appeal
5 is upheld.
6 (d) Modification of recommendations.--The Auditor General
7 shall have the power to modify the corrective measures
8 recommended by the audit upon appeal of the audit
9 recommendations by the department.
10 Section 11. Imposition of surcharge.
11 There is imposed on each individual convicted of a municipal
12 property maintenance code violation a surcharge in the amount of
13 $10 for each municipal property maintenance code violation
14 resulting in a conviction. This surcharge shall be in addition
15 to any other applicable fees or charges lawfully collected by
16 the municipality and court. The municipality shall collect the
17 surcharge and remit all funds to the department on a quarterly
18 basis. Funds generated by the surcharge will be used to finance
19 the Statewide implementation of the property maintenance code
20 violations registry.
21 Section 12. Severability.
22 The provisions of this act are severable. If any provision of
23 this act or its application to any person or circumstance is
24 held invalid, the invalidity shall not affect other provisions
25 or applications of this act which can be given effect without
26 the invalid provision or application.
27 Section 13. Effective date.
28 This act shall take effect in 120 days.
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