HB 273 — 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.

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
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, in neighborhood blight reclamation and
 3      revitalization, providing for county property maintenance
 4      code and for Municipal Codes Enforcement Grant Program and
 5      municipal neighborhood mitigation fund; imposing penalties;
 6      and making an appropriation.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     Title 53 of the Pennsylvania Consolidated
10   Statutes is amended by adding a section to read:
11   § 6104.    County property maintenance code.
12      (a)    Ordinance authorized.--A county may enact one of the
13   following:
14             (1)   A property maintenance ordinance that incorporates a
15      standard or nationally recognized property maintenance code
16      or a variation, change or part of such code, published and
17      printed in book form, without incorporating the text of the
18      code in the ordinance.
19             (2)   A standard or nationally recognized property
 1      maintenance code or a variation, change or part of such code
 2      as the county's property maintenance ordinance.
 3      (b)   Publication of notice.--
 4            (1)   An ordinance under subsection (a) need not be
 5      advertised after being adopted. Notice of the consideration
 6      of the ordinance shall be published in a manner that gives
 7      adequate notice of its contents and a reference to the place
 8      within the county where copies of the proposed property
 9      maintenance code may be examined or obtained.
10            (2)   The notice required under paragraph (1) shall be
11      published once in one newspaper of general circulation at
12      least one week and not more than three weeks prior to the
13      presentation of the proposed property maintenance code to the
14      governing body.
15            (3)   A property maintenance ordinance that incorporates a
16      standard or nationally recognized property maintenance code
17      or variation shall adopt a specific edition and may not
18      incorporate future editions automatically.
19      (c)   Copies of ordinance.--At least three copies of the
20   ordinance adopted by the governing body:
21            (1)   shall be made available for public inspection and
22      use during business hours or to an interested party that pays
23      the cost of copying; or
24            (2)   may be furnished or lent without charge.
25      (d)   Adoption by reference.--A property maintenance code
26   adopted by reference:
27            (1)   need not be recorded in or attached to an ordinance
28      book; and
29            (2)   shall be deemed to have been legally recorded if the
30      ordinance by which the code was adopted by reference has been

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 1      recorded with an accompanying notation stating where the full
 2      text of the code has been filed.
 3      (e)    Fines and penalties.--An ordinance under this section
 4   may provide for reasonable property fines and penalties for
 5   violations of the ordinance.
 6      (f)    Changes to ordinance.--The procedure described in this
 7   section relating to the adoption of an ordinance under this
 8   section may be used in amending, supplementing or repealing a
 9   provision of the ordinance.
10      (g)    Appointment of property maintenance inspectors.--
11             (1)   The governing body may appoint property maintenance
12      inspectors who may enter and inspect a premises at reasonable
13      hours and in a reasonable manner for the administration and
14      enforcement of the county's property maintenance code or
15      ordinance under subsection (a).
16             (2)   A fee payable to a property maintenance inspector
17      under the ordinance shall, after being collected by the
18      property maintenance inspector, be transmitted to the county
19      treasurer for use of the county.
20      (h)    Enforcement action.--In addition to the penalties
21   provided by a property maintenance ordinance, a county may
22   institute an appropriate action or proceeding at law or in
23   equity to prevent or restrain a property maintenance violation.
24      (i)    Relationship to other law.--The powers and duties of a
25   county under this section shall be in addition to the powers and
26   duties provided under the following:
27             (1)   The act of November 26, 2008 (P.L.1672, No.135),
28      known as the Abandoned and Blighted Property Conservatorship
29      Act.
30             (2)   68 Pa.C.S. Ch. 21 (relating to land banks).

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 1      (j)   Limitation.--
 2            (1)   Except as provided in subsection (k), the powers of
 3      the governing body of a county to enact, amend and repeal
 4      ordinances under this section shall be limited to land in
 5      those municipalities, wholly or partly within the county,
 6      that have no property maintenance ordinance, based in whole
 7      or in part on a standard or nationally recognized property
 8      maintenance code, in effect at the time a property
 9      maintenance ordinance is introduced before the governing body
10      of the county and until the municipality's property
11      maintenance ordinance is in effect.
12            (2)   The enactment or revision of the property
13      maintenance ordinance by a municipality, other than the
14      county, whose land is subject to a county property
15      maintenance code shall act as a repeal pro tanto of the
16      county property maintenance code ordinance within the
17      municipality adopting the ordinance, except as provided in
18      subsection (k).
19      (k)   Enforcement of municipal property maintenance
20   ordinances.--
21            (1)   Except as provided in paragraph (2), a county may
22      not enforce a property maintenance ordinance adopted by a
23      municipality within the county unless the county enters into
24      an intergovernmental cooperation agreement with the
25      municipality.
26            (2)   Except as otherwise provided in an intergovernmental
27      cooperation agreement, a fine, forfeited recognizance or
28      other forfeiture imposed, lost or forfeited for violation of
29      a property maintenance ordinance subject to county
30      enforcement under this subsection, shall be payable to the

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 1      county.
 2      Section 2.        Chapter 61 of Title 53 is amended by adding a
 3   subchapter to read:
 4                                  SUBCHAPTER B.1
 5               MUNICIPAL CODES ENFORCEMENT GRANT PROGRAM AND
 6                   MUNICIPAL NEIGHBORHOOD MITIGATION FUND
 7   Sec.
 8   6121.     Scope of subchapter.
 9   6122.   Definitions.
10   6123.     Municipal Codes Enforcement Grant Program.
11   6124.     Municipal neighborhood mitigation fund.
12   6125.     Penalty.
13   6126.   Report to General Assembly.
14   6127.   Guidelines.
15   § 6121.     Scope of subchapter.
16      This subchapter relates to municipal property maintenance
17   code assistance.
18   § 6122.     Definitions.
19      The following words and phrases when used in this subchapter
20   shall have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      "Department."       The Department of Community and Economic
23   Development of the Commonwealth.
24      "Fund."     A municipal neighborhood mitigation fund established
25   under section 6124 (relating to municipal neighborhood
26   mitigation fund).
27      "Municipality."       A county, city, borough, incorporated town,
28   township or home rule, optional plan or optional charter
29   municipality or municipal authority within this Commonwealth or
30   any entity formed under Subchapter A of Chapter 23 (relating to

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 1   intergovernmental cooperation).
 2      "Program."     The Municipal Codes Enforcement Grant Program
 3   established under section 6123 (relating to Municipal Codes
 4   Enforcement Grant Program).
 5      "Serious violation."     A violation of a code that poses an
 6   imminent threat to the health and safety of a dwelling occupant,
 7   occupants in surrounding structures or a passerby.
 8   § 6123.    Municipal Codes Enforcement Grant Program.
 9      (a)    Establishment.--The Municipal Codes Enforcement Grant
10   Program is established in the department. The program shall
11   issue grants to municipalities with no current codes enforcement
12   program for the purpose of reducing blighted property conditions
13   through the establishment of:
14             (1)   code enforcement programs and the hiring and
15      training of code enforcement personnel to acquire relevant
16      certification in code enforcement; and
17             (2)   county property maintenance code enforcement
18      programs.
19      (b)    Competitive awards.--The department shall issue grants
20   under the program on a competitive basis according to the
21   following criteria:
22             (1)   Whether the municipality demonstrates a financial
23      need for the grants.
24             (2)   The overall condition of the real property within
25      the municipality.
26             (3)   Whether the municipality has an intergovernmental
27      cooperation agreement with another jurisdiction for joint
28      codes enforcement.
29      (c)    Eligibility.--In order to receive a grant under this
30   section, a municipality must submit an application acceptable to

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 1   the department and that addresses the criteria established under
 2   subsection (b).
 3      (d)    Matching funds.--A municipality shall provide its own
 4   money or in-kind contributions, approved by the department as
 5   determined by guidelines established by the department, equal to
 6   the amount of the grant provided, and shall dedicate and expend
 7   the money for the purpose for which the grant was awarded.
 8      (e)    Limitations.--A grant issued under this section may not:
 9             (1)   Be provided to the same recipient for more than
10      three consecutive years.
11             (2)   Exceed $100,000.
12             (3)   Be used to pay code enforcement personnel unless the
13      individual has acquired relevant certification or training in
14      codes enforcement.
15   § 6124.    Municipal neighborhood mitigation fund.
16      (a)    Ordinance authorized.--A municipality with an
17   established code enforcement program may enact an ordinance to
18   establish a municipal neighborhood mitigation fund. The fund
19   shall comply with the provisions of this section.
20      (b)    Source of revenue.--The penalty collected under this
21   chapter by the municipality shall be deposited into the fund.
22      (c)    Use of fund.--The fund shall be used to mitigate code
23   violations, including demolition, cleanup, cleaning and sealing
24   and making repairs to blighted property.
25   § 6125.    Penalty.
26      (a)    Imposition.--Upon conviction for a violation of any code
27   of the municipality, the municipality shall impose a
28   neighborhood mitigation penalty:
29             (1)   for a first violation, in the amount of at least $25
30      and not more than $250;

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 1             (2)   for a second violation, in the amount of at least
 2      $250 and not more than $500; and
 3             (3)   for a third or subsequent violation, in the amount
 4      of at least $500 and not more than $1,000.
 5      (b)    Collection.--The penalty imposed under this section
 6   shall be payable to the municipality and the municipality shall
 7   deposit the penalty collected into the fund.
 8   § 6126.    Report to General Assembly.
 9      The department shall submit an annual report to the Urban
10   Affairs and Housing Committee of the Senate and the Housing and
11   Community Development Committee of the House of Representatives
12   concerning the implementation of this subchapter. The report
13   shall include the total amount of grants awarded and the
14   recipients of those grants.
15   § 6127.    Guidelines.
16      Within 180 days of the effective date of this section, the
17   department shall establish guidelines to carry out the
18   provisions of this subchapter.
19      Section 2.     The sum of $10,000,000 is appropriated to the
20   Department of Community and Economic Development for the purpose
21   of implementing the Municipal Codes Enforcement Grant Program,
22   including administrative costs.
23      Section 3.     This act shall take effect in 180 days.




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