Trial Engrossment of Amendment A00029 to House Bill 0273 P.N. 0217, Regular Session 2025-2026

A00029

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; and 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

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.

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

A00029 - 2 -

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).

A00029 - 3 -

(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

A00029 - 4 -

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

A00029 - 5 -

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.

section, a municipality must submit an application acceptable to

A00029 - 6 -

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.

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;

A00029 - 7 -

(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.

A00029 - 8 -