PRINTER'S NO. 218

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

255

Session of

2023

INTRODUCED BY MERSKI, SIEGEL, MADDEN, HILL-EVANS, SANCHEZ,

CEPEDA-FREYTIZ, PROBST, HARKINS AND CONKLIN, MARCH 10, 2023

REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,

Maintenance Code Assistance Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 61 of Title 53 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

6121. Scope of subchapter.

6122. Legislative intent.

§ 6121. Scope of subchapter.

This subchapter relates to municipal property maintenance

code assistance.

§ 6122. Legislative intent.

The purpose of this subchapter is to provide funding for

individual municipalities, two or more municipalities under

Subchapter A of Chapter 23 (relating to intergovernmental

cooperation), councils of governments or a multimunicipal code

enforcement entity, for the purpose of municipal property

maintenance code enforcement within that county or region in

order to prevent and eradicate blighted property conditions.

"Fund." The Municipal Property Maintenance Code Assistance

Fund established under section 6126 (relating to Municipal

Property Maintenance Code Assistance Fund).

"Municipal code" or "code." A building, housing, property

maintenance, fire, health or other public safety ordinance,

related to the use or maintenance of real property, enacted by a

municipality. The term does not include a subdivision and land

development ordinance or a zoning ordinance enacted by a

municipality.

"Municipality." A city, borough, incorporated town, township

intergovernmental cooperation).

"Serious violation." A violation of a code that poses an

imminent threat to the health and safety of a dwelling occupant,

occupants in surrounding structures or a passerby.

§ 6124. Code enforcement grant program.

(a) Establishment.--The department shall issue grants to

municipalities for the purpose of reducing blighted property

conditions through:

(1) the establishment of special code enforcement

programs to address blighted property conditions, where a

municipal code enforcement program already exists; or

according to the following criteria:

(1) The benefit to the municipality of having an

adequately funded and staffed code enforcement department.

(2) Whether the municipality's building code enforcement

department demonstrates an ability to work cooperatively with

other local code enforcement offices, health departments and

local prosecutorial agencies.

(3) Whether the municipality demonstrates a financial

need for the grant.

(4) The overall condition of the real property within

the department and that addresses the criteria established under

subsection (b).

(d) Matching funds.--A municipality shall provide its own

funds or in-kind contributions, approved by the department as

determined by guidelines established by the department under

section 6128 (relating to guidelines), equal to the amount of

the grant provided, and shall dedicate and expend those funds

for the purpose for which the grant was awarded.

(e) Limitations.--A grant issued under this section may not:

(1) Be provided to the same recipient for more than

three consecutive years.

(b):

(1) Upon each subsequent inspection by a local code

official, a surcharge of $250 shall be imposed on a real

property owner in violation of one or more provisions of a

municipal code for which the owner was previously cited for

violating.

(2) The surcharge imposed under paragraph (1) shall be

in addition to any other applicable fees or charges imposed

and collected by the municipality as provided by law.

(b) Time to remedy.--With the exception of a serious

previously cited for violating, before the surcharge may be

imposed.

(c) Collection.--

(1) The municipality shall collect the surcharge under

subsection (a) and remit the money to the department on a

quarterly basis.

(2) The department shall use the money collected under

paragraph (1) to fund the grants issued under section 6124

(relating to code enforcement grant program).

§ 6126. Municipal Property Maintenance Code Assistance Fund.

(a) Establishment.--The Municipal Property Maintenance Code

shall be deposited into the fund.

(c) Use of fund.--The fund shall be used by the department

exclusively for the purpose of issuing the grants provided for

under section 6124 (relating to code enforcement grant program).

The department may utilize up to 10% of the total money

collected and deposited into the fund within the fiscal year to

cover the administrative costs associated with the program.

§ 6127. Report to General Assembly.

The department shall submit an annual report to the Urban

Affairs and Housing Committee of the Senate and the Urban

well as the number of grants awarded and the recipients of those

grants.

§ 6128. Guidelines.

Within 180 days of the effective date of this section, the

department shall establish guidelines to carry out the

provisions of this subchapter. The guidelines to implement

section 6124(b) (relating to code enforcement grant program) may

include:

(1) The age of the existing housing stock in the

municipality.

(2) The municipality's existing tax base.