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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 20250HB0273PN0217 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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). 20250HB0273PN0217 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0273PN0217 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0273PN0217 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0273PN0217 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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; 20250HB0273PN0217 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0273PN0217 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23