PRIOR PRINTER'S NOS. 218, 1356

PRINTER'S NO. 1479

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

255

Session of

2023

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

CEPEDA-FREYTIZ, PROBST, HARKINS, CONKLIN, TAKAC, GERGELY,

FLEMING, GREEN, MALAGARI AND SALISBURY, MARCH 10, 2023

Grant Program; providing for county property maintenance

code; AND imposing penalties; and making an appropriation.

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 subchapters to read:

Sec.

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6126 . Report to General Assembly.

6127 . Guidelines.

§ 6121. Scope of subchapter.

This subchapter relates to municipal property maintenance

code assistance.

§ 6122 . Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Community and Economic

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 county, city, borough, incorporated town,

township or home rule, optional plan or optional charter

municipality or municipal authority within this Commonwealth or

any entity formed under Subchapter A of Chapter 23 (relating to

intergovernmental cooperation).

"Program." The Municipal Codes Enforcement Grant Program

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occupants in surrounding structures or a passerby.

§ 6123. Municipal Codes Enforcement Grant Program .

(a) Establishment.--The Municipal Codes Enforcement Grant

Program is established in the department. The program shall

issue grants to municipalities with no current codes enforcement

program for the purpose of reducing blighted property conditions

through the establishment of :

(1) code enforcement programs and the hiring and

training of code enforcement personnel to acquire relevant

certification in code enforcement; and

need for the grants.

(2) The overall condition of the real property within

the municipality.

(3) Whether the municipality has an intergovernmental

cooperation agreement with another jurisdiction for joint

codes enforcement.

(c) Eligibility.--In order to receive a grant under this

section, a municipality must submit an application acceptable to

the department and that addresses the criteria established under

subsection (b).

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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.

(2) Exceed $100,000.

(3) Be used to pay code enforcement personnel unless the

individual has acquired relevant certification or training in

codes enforcement .

§ 6124. Municipal neighborhood mitigation fund.

(a) Ordinance authorized.--A municipality with an

violations, including, but not limited to, demolition, cleanup,

cleaning and sealing and making repairs to blighted property.

§ 6125. Penalty.

(a) Imposition.--Upon conviction for a violation of any code

of the municipality, the municipality shall impose a

neighborhood mitigation penalty:

(1) for a first violation, in the amount of at least $25

and not more than $250;

(2) for a second violation, in the amount of at least

$250 and not more than $500; and

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deposit the penalty collected into the fund.

§ 6126 . Report to General Assembly.

The department shall submit an annual report to the Urban

Affairs and Housing Committee of the Senate and the Housing and

Community Development Committee of the House of Representatives

concerning the implementation of this subchapter. The report

shall include the total amount of grants awarded and the

recipients of those grants.

§ 6127 . Guidelines.

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

6132. Enforcement of municipal property maintenance ordinances.

§ 6131. County property maintenance code.

(a) General rule.--A county may enact one of the following:

(1) A property maintenance ordinance that incorporates a

standard or nationally recognized property maintenance code

or a variation, change or part of such code, published and

printed in book form, without incorporating the text of the

code in the ordinance.

(2) A standard or nationally recognized property

maintenance code or a variation, change or part of such code

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of the ordinance shall be published in a manner that gives

adequate notice of its contents and a reference to the place

within the county where copies of the proposed property

maintenance code may be examined or obtained.

(2) The notice required under paragraph (1) shall be

published once in one newspaper of general circulation at

least one week and not more than three weeks prior to the

presentation of the proposed property maintenance code to the

governing body.

(3) A property maintenance ordinance that incorporates a

use during business hours or to an interested party that pays

the cost of copying; or

(2) may be furnished or lent without charge.

(d) Adoption by reference.--A property maintenance code

adopted by reference:

(1) need not be recorded in or attached to an ordinance

book; and

(2) shall be deemed to have been legally recorded if the

ordinance by which the code was adopted by reference has been

recorded with an accompanying notation stating where the full

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(f) Changes to ordinance.--The procedure described in this

section relating to the adoption of an ordinance under this

section may be used in amending, supplementing or repealing a

provision of the ordinance.

(g) Appointment of property maintenance inspectors.--

(1) The governing body may appoint property maintenance

inspectors who may enter and inspect a premises at reasonable

hours and in a reasonable manner for the administration and

enforcement of the county's property maintenance code or

ordinance under subsection (a).

institute an appropriate action or proceeding at law or in

equity to prevent or restrain a property maintenance violation.

(i) Relationship to other law.--The powers and duties of a

county under this section shall be in addition to the powers and

duties provided under the following:

(1) The act of November 26, 2008 (P.L.1672, No.135),

known as the Abandoned and Blighted Property Conservatorship

Act.

(2) 68 Pa.C.S. Ch. 21 (relating to land banks).

(j) Limitation.--

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to land in those municipalities, wholly or partly within the

county, that have no property maintenance ordinance, based in

whole or in part on a standard or nationally recognized

property maintenance code, in effect at the time a property

maintenance ordinance is introduced before the governing body

of the county and until the municipality's property

maintenance ordinance is in effect.

(2) The enactment or revision of the property

maintenance ordinance by a municipality, other than the

county, whose land is subject to a county property

(a) General rule.--Except as provided in subsection (b), a

county may not enforce a property maintenance ordinance adopted

by a municipality within the county unless the county enters

into an intergovernmental cooperation agreement with the

municipality.

(b) Payment to county.--Except as otherwise provided in an

intergovernmental cooperation agreement, a fine, forfeited

recognizance or other forfeiture imposed, lost or forfeited for

violation of a property maintenance ordinance subject to county

enforcement under this section, shall be payable to the county.

Department of Community and Economic Development for the purpose

of implementing the Municipal Codes Enforcement Grant Program,

including administrative costs.

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Section 3 2. This act shall take effect in 180 days.

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