PRINTER'S NO. 178 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.214 Session of 2025 INTRODUCED BY MILLER, COSTA, SCHWANK, BOSCOLA, COMITTA, FONTANA AND KANE, FEBRUARY 3, 2025 REFERRED TO URBAN AFFAIRS AND HOUSING, FEBRUARY 3, 2025 AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in neighborhood blight reclamation and revitalization, providing for Municipal Codes Enforcement Grant Program and municipal neighborhood mitigation funds and for county property maintenance code; and imposing penalties. 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: SUBCHAPTER B.1 MUNICIPAL CODES ENFORCEMENT GRANT PROGRAM AND MUNICIPAL NEIGHBORHOOD MITIGATION FUNDS 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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). "Grant." A grant awarded under the program. "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 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 established under section 6123 (relating to Municipal Codes Enforcement Grant Program). "Serious violation." A violation of a municipal code that poses an imminent threat to the health and safety of a dwelling 20250SB0214PN0178 - 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 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 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, a municipality must submit an application acceptable to 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, equal to the amount of the grant provided, and shall dedicate and expend those funds for the purpose for which the grant was awarded. 20250SB0214PN0178 - 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 (e) Limitations.--A grant 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 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 serious violations, including demolition, cleanup, cleaning and sealing and making repairs to blighted property. § 6125. Penalty. (a) Imposition.--Upon conviction for a serious violation, 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 (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. 20250SB0214PN0178 - 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 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 this subchapter. SUBCHAPTER B.2 COUNTY PROPERTY MAINTENANCE CODE Sec. 6131. County property maintenance code. 6132. Enforcement of municipal property maintenance ordinances. § 6131. County property maintenance code. (a) Authorization.--The governing body of a county may enact: (1) 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; or (2) standard or nationally recognized property 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 20250SB0214PN0178 - 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 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 enacted 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 recorded with an accompanying notation stating where the full text of the code has been filed. (e) Fines and penalties.--An ordinance enacted 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 20250SB0214PN0178 - 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 section relating to the enactment 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 county's property maintenance code or 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 county's property maintenance code or ordinance, the 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). (j) Limitation.-- (1) Except as provided in section 6132 (relating to enforcement of municipal property maintenance ordinances), the powers of the governing body of a county to enact, amend 20250SB0214PN0178 - 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 and repeal ordinances under this subchapter 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 section 6132. § 6132. Enforcement of municipal property maintenance ordinances. (a) Intergovernmental cooperation agreement required.-- 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 entered into by a county and a municipality within the county, 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. Section 2. This act shall take effect in 180 days. 20250SB0214PN0178 - 8 - 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