PRINTER'S NO. 1250
No. 1061 Session of 1997
INTRODUCED BY MURPHY, COSTA, WAGNER, BODACK, BRIGHTBILL, EARLL,
GERLACH, KITCHEN, MELLOW, PICCOLA AND ULIANA, JULY 22, 1997
REFERRED TO URBAN AFFAIRS AND HOUSING, JULY 22, 1997
AN ACT
1 Amending the act of October 11, 1984 (P.L.876, No.171), entitled
2 "An act establishing a system for the collection of municipal
3 liens and tax claims in cities of the second class through
4 the sale of real property encumbered by such liens and
5 claims; abolishing the office of solicitor for liens for
6 delinquent taxes, rates, claims and charges in cities of the
7 second class; authorizing the treasurer to conduct
8 treasurer's sales and granting the treasurer certain powers
9 in connection therewith; providing a structure for the
10 conduct of the sale; setting up a system whereby the
11 properties at treasurer's sales are acquired, administered,
12 maintained and resold for the benefit of cojurisdictional
13 taxing bodies; providing for the redemption of the property
14 within 90 days of sale; providing a means for establishing
15 title to real property taken at treasurer's sale; providing
16 for cooperation among cojurisdictional taxing bodies; and
17 preserving rights not specifically repealed," further
18 providing for restrictions on the sale of property in cities
19 of the second class.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 307 of the act of October 11, 1984
23 (P.L.876, No.171), known as the Second Class City Treasurer's
24 Sale and Collection Act, is amended by adding subsections to
25 read:
26 Section 307. Deed to purchaser.
1 * * *
2 (d) Restrictions on purchases.--
3 (1) Deeds for any real property exposed for any tax or
4 municipal lien sale in a second class city shall not be
5 exchanged any sooner than 20 days nor later than 45 days
6 after any sale.
7 (2) A city of the second class may, within 15 days of
8 any tax or municipal lien sale of real estate, petition the
9 court of common pleas to prohibit the transfer of any deed
10 for any property exposed for any tax or municipal lien sale
11 which is located in that city to any purchaser who is proven
12 to meet any of the criteria set forth in the city's petition.
13 (3) The petition of the city of the second class shall,
14 at a minimum, allege that the purchaser has over the last
15 three years preceding the filing of the petition exhibited a
16 course of conduct which demonstrates that the purchaser:
17 (i) permitted an uncorrected housing code violation
18 to continue unabated after being convicted of such
19 violation;
20 (ii) failed to maintain the property owned by that
21 purchaser in a reasonable manner such that it posed a
22 threat to health, safety or property;
23 (iii) permitted the use of property in an unsafe,
24 illegal or unsanitary manner such that it posed a threat
25 to health, safety or property; or
26 (iv) acted as an agent for a purchaser who sought to
27 avoid the limitations placed on the purchase of property
28 by this act.
29 Allegations under this paragraph shall be proved by a
30 preponderance of the evidence.
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1 (4) A change of name or business status shall not defeat
2 the purpose of this section.
3 (e) Definitions.--As used in this section, the following
4 words and phrases shall have the meanings given to them in this
5 subsection:
6 "Purchaser." Any individual, partner, shareholder, trust,
7 partnership, limited partnership, corporation or any other
8 business association, or any trust, partnership, limited
9 partnership or corporation of any other business association
10 that had any ownership interest or rights in the property.
11 "Uncorrected housing code violation." Any conviction of a
12 violation of the building, housing, property maintenance or fire
13 code of a second class city which is not remedied within six
14 months of conviction.
15 "Violation." Any conviction under a building, housing,
16 property maintenance or fire code which posed a threat to
17 health, safety or property, but not a conviction deemed by a
18 court to be de minimis.
19 Section 2. This act shall apply to all sales conducted on or
20 after the effective date of this act.
21 Section 3. This act shall take effect in 60 days.
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