Pennsylvania Act 2024-93 — MUNICIPAL CODE AND ORDINANCE COMPLIANCE ACT - COMPLIANCE REQUIREMENT

Act text

Session of 2024

No. 2024-93

HB 1567

AN ACT

Amending the act of December 20, 2000 (P.L.724, No.99), entitled "An act requiring purchasers of real estate with buildings thereon to bring the buildings into compliance with municipal codes; providing for nuisance abatement; and imposing penalties," further providing for definitions and for compliance requirement.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The definitions of "municipality," "temporary access certificate" and "use and occupancy certificate" in section 2 of the act of December 20, 2000 (P.L.724, No.99), known as the Municipal Code and Ordinance Compliance Act, are amended to read:

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"Municipality." Any of the following:

(1) Any city, borough, incorporated town, township, home rule municipality, optional plan municipality, optional charter municipality or any similar general purpose unit of government which may be created or authorized by statute.

(2) An authority or instrumentality of a unit of government specified under paragraph (1).

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"Temporary access certificate." A certificate issued by a municipality as a result of the municipal inspection of a property incident to the resale of the property that identifies at least one substantial violation, and the purpose of the certificate is to authorize the purchaser to access the property for the purpose of correcting substantial violations pursuant to the maintenance and repair provisions of this act. No [person] new occupant who has not previously occupied a property may occupy a property during the term of a temporary access certificate, but [the] tenants, in the case of a tenant-occupied property, already occupying the property may remain in the property at the discretion of code enforcement based on human habitability . The owner shall be permitted to store personalty that is related to the proposed use or occupancy of the property or is needed to repair the substantial violations during the time of the temporary access certificate.

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"Use and occupancy certificate." A certificate issued by a municipality stipulating that the property meets [all] ordinances and codes and may be used or occupied as intended.

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Section 2. Section 3(a) and (a.2)(2) of the act are amended to read:

Section 3. Compliance requirement.

(a) General rule.--Within 12 months of the date of purchase, the purchaser of a property known to be in violation or substantial violation of a municipal code or ordinance shall, at his option, either:

(1) bring the property into compliance with municipal codes or ordinances; or

(2) demolish the building or structure in accordance with law.

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(a.2) Reinspection of property.--

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(2) If a temporary access [permit] certificate has been issued and reinspection indicates that the noted substantial violations have been corrected and no other substantial violations that make the property unfit for human habitation are noticed but other cited violations have not yet been corrected, the municipality shall issue a temporary use and occupancy [permit] certificate to be valid for the time remaining on the original temporary access [permit] certificate .

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Section 3. This act shall take effect in 60 days.

APPROVED--The 2nd day of October, A.D. 2024.

JOSH SHAPIRO