PRINTER'S NO. 1465
No. 1053 Session of 2004
INTRODUCED BY PIPPY, WAGNER, BOSCOLA, O'PAKE, COSTA, EARLL,
LOGAN, PICCOLA, RAFFERTY, FERLO AND TOMLINSON, MARCH 24, 2004
REFERRED TO LOCAL GOVERNMENT, MARCH 24, 2004
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, authorizing municipalities to deny
3 issuing permits, variances, licenses or other approvals to
4 persons who are delinquent in tax payments or are in
5 violation of certain codes, statutes or regulations.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 53 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 8010. Authority to deny permits, licenses and certain
11 approval requests.
12 (a) Denial.--A municipality may deny issuing to any
13 applicant any building permit, zoning permit, zoning variance,
14 municipal license, municipal permit or municipal approval for
15 contemplated action requiring such approval if the applicant:
16 (1) owns any real property in any municipality for which
17 taxes or sewer or refuse collection charges are delinquent on
18 the real property;
19 (2) owns any property in Pennsylvania that has been
1 determined to be in serious violation of applicable State or
2 municipal housing, building, property maintenance or fire
3 safety code requirements, and has not taken substantial steps
4 to bring the property into code compliance; or
5 (3) is in violation of any applicable State or
6 municipal, housing, building, property maintenance or fire
7 safety code requirements that the property owner has taken no
8 substantial steps to correct within six months following
9 notification of the violation.
10 (b) Authority.--All municipal variances, approvals, permits
11 or licenses may be withheld until such time as the applicant
12 obtains a letter from the appropriate State agency, municipality
13 or school district, indicating:
14 (1) the property in question is not presently tax
15 delinquent;
16 (2) the property in question is now in code compliance;
17 or
18 (3) that substantial steps have been taken to bring the
19 property into code compliance.
20 Letters required by this subsection shall be verified by the
21 appropriate municipal officials before issuing to the applicant
22 any municipal variances, approvals, permits or licenses.
23 (c) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Serious violations." Includes housing, building, property
27 maintenance or fire safety code violations that pose an
28 immediate threat to the health and safety of dwelling occupants
29 or occupants in surrounding structures and passersby.
30 "Substantial steps." An affirmative action by a property
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1 owner or managing agent as determined by the municipality to
2 remedy code violations, involving physical improvements or
3 preparations to the property.
4 Section 2. This act shall take effect in 60 days.
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