Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB273 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 217 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.273 
Session of 
2025 
INTRODUCED BY MERSKI, SANCHEZ, HILL-EVANS, SCHLOSSBERG, HARKINS, 
KUZMA, FREEMAN, DONAHUE, GIRAL AND MAYES, JANUARY 22, 2025 
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT, 
JANUARY 22, 2025 
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania 
Consolidated Statutes, in neighborhood blight reclamation and 
revitalization, providing for county property maintenance 
code and for Municipal Codes Enforcement Grant Program and 
municipal neighborhood mitigation fund ; imposing penalties; 
and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Title 53 of the Pennsylvania Consolidated 
Statutes is amended by adding a section to read:
§ 6104.  County property maintenance code.
(a)  Ordinance authorized.--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 
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19 maintenance code or a variation, change or part of such code 
as the county's property maintenance ordinance.
(b)  Publication of notice.--
(1)  An ordinance under subsection (a) need not be 
advertised after being adopted. Notice of the consideration 
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 
standard or nationally recognized property maintenance code 
or variation shall adopt a specific edition and may not 
incorporate future editions automatically.
(c)  Copies of ordinance.--At least three copies of the 
ordinance adopted by the governing body:
(1)  shall be made available for public inspection and 
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 
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30 recorded with an accompanying notation stating where the full 
text of the code has been filed.
(e)  Fines and penalties.--An ordinance under this section 
may provide for reasonable property fines and penalties for 
violations of the ordinance.
(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).
(2)  A fee payable to a property maintenance inspector 
under the ordinance shall, after being collected by the 
property maintenance inspector, be transmitted to the county 
treasurer for use of the county.
(h)  Enforcement action.--In addition to the penalties 
provided by a property maintenance ordinance, a county may 
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).
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30 (j)  Limitation.--
(1)  Except as provided in subsection (k), the powers of 
the governing body of a county to enact, amend and repeal 
ordinances under this section shall be limited 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 
maintenance code shall act as a repeal pro tanto of the 
county property maintenance code ordinance within the 
municipality adopting the ordinance, except as provided in 
subsection (k).
(k)  Enforcement of municipal property maintenance 
ordinances.--
(1)  Except as provided in paragraph (2), 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.
(2)  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 subsection, shall be payable to the 
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30 county.
Section 2.  Chapter 61 of Title 53 is amended by adding a 
subchapter to read:
SUBCHAPTER B.1
MUNICIPAL CODES ENFORCEMENT GRANT PROGRAM AND
MUNICIPAL NEIGHBORHOOD MITIGATION FUND
Sec.
6121.  Scope of subchapter.
6122 .  Definitions. 
6123.  Municipal Codes Enforcement Grant Program.
6124.  Municipal neighborhood mitigation fund.
6125.  Penalty.
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 
Development of the Commonwealth.
"Fund."  A municipal neighborhood mitigation fund established 
under section 6124 (relating to municipal neighborhood 
mitigation fund).
"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 
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30 intergovernmental cooperation).
"Program."  The Municipal Codes Enforcement Grant Program 
established under section 6123 (relating to Municipal Codes 
Enforcement Grant Program).
"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.
§  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
(2)  county property maintenance code enforcement 
programs.
(b)  Competitive awards.--The department shall issue grants 
under the program on a competitive basis according to the 
following criteria:
(1)  Whether the municipality demonstrates a financial 
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 
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30 the department and that addresses the criteria established under 
subsection (b).
(d)  Matching funds.--A municipality shall provide its own 
money or in-kind contributions, approved by the department as 
determined by guidelines established by the department, equal to 
the amount of the grant provided, and shall dedicate and expend 
the money 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 
established code enforcement program may enact an ordinance to 
establish a municipal neighborhood mitigation fund. The fund 
shall comply with the provisions of this section.
(b)  Source of revenue.--The penalty collected under this 
chapter by the municipality shall be deposited into the fund.
(c)  Use of fund.--The fund shall be used to mitigate code 
violations, including 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;
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30 (2)  for a second violation, in the amount of at least 
$250 and not more than $500; and
(3)  for a third or subsequent violation, in the amount 
of at least $500 and not more than $1,000.
(b)  Collection.--The penalty imposed under this section 
shall be payable to the municipality and the municipality shall 
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 
department shall establish guidelines to carry out the 
provisions of this subchapter.
Section 2.  The sum of $10,000,000 is appropriated to the 
Department of Community and Economic Development for the purpose 
of implementing the Municipal Codes Enforcement Grant Program, 
including administrative costs.
Section 3.  This act shall take effect in 180 days.
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