Bill Text: PA HB450 | 2009-2010 | Regular Session | Introduced

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Bill Title: Requiring proper maintenance of abandoned businesses in cities; establishing the Abandoned Business Facilities Fund; conferring powers and duties on the Department of Community and Economic Development; and providing for penalties and remedies.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2009-02-13 - Referred to COMMERCE [HB450 Detail]

Download: Pennsylvania-2009-HB450-Introduced.html

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PRINTER'S NO. 494
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 450 Session of2009
INTRODUCED BY BISHOP, CALTAGIRONE, CARROLL, FABRIZIO, FRANKEL, HENNESSEY, W. KELLER, LONGIETTI, McGEEHAN, READSHAW, SIPTROTH, SOLOBAY AND YOUNGBLOOD, FEBRUARY 13, 2009
REFERRED TO COMMITTEE ON COMMERCE, FEBRUARY 13, 2009
AN ACT
Requiring proper maintenance of abandoned businesses in cities;
establishing the Abandoned Business Facilities Fund;
conferring powers and duties on the Department of Community
and Economic Development; and providing for penalties and
remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Abandoned
Business Facilities Act.
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:
"Business facility." A parcel of real property and
improvements on the property which are:
(1) located in a city, township or borough; and
(2) utilized as a business which is open to the public.
"City." A city of the first, second, second class A or third
class. The term includes a borough with a population large
enough for the borough to qualify to be chartered as a city
under provisions for a charter as a city separately from any
town, township or other borough under section 201 of the act of
June 23, 1931 (P.L.932, No.317), known as The Third Class City
Code.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Fund." The Abandoned Business Facilities Fund established
in section 4.
Section 3. Department.
The department has the following powers and duties:
(1) Administer this act.
(2) Utilize the fund under section 4(c).
(3) Promulgate regulations under section 5(a)(1).
(4) Approve transfers under section 5(a)(2).
(5) Impose penalties under section 5(b).
(6) Seek injunctive relief under section 5(c).
Section 4. Fund.
(a) Establishment.--The Abandoned Business Facilities Fund
is established as a separate fund in the State Treasury.
(b) Sources.--The sources of the fund are as follows:
(1) Penalties under section 5(b).
(2) Appropriations.
(3) Earnings on the money in the fund.
(c) Purpose.--The department shall utilize the fund to do
all of the following:
(1) Maintain abandoned businesses which are not being
properly maintained.
(2) Administer this act. No more than 10% of the money
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in the fund may be used under this paragraph during any
fiscal year.
(d) Continuous appropriation.--The money in the fund is
appropriated on a continuing basis to the department and shall
not lapse at the end of any fiscal year.
Section 5. Abandoned business facilities.
(a) Requirement.--If a business facility ceases operation,
the owner of the business facility shall do one of the
following:
(1) Maintain the business facility to standards of
health and safety established by regulations of the
department, including lighting and sanitation.
(2) Transfer the business facility to a community group
approved by the department at a nominal consideration.
(b) Penalty.--
(1) An owner that violates subsection (a) is subject to
an administrative penalty of $10,000. Each day of violation
of subsection (a)(1) constitutes a separate violation.
(2) This subsection is subject to 2 Pa.C.S. Ch. 5 Subch.
A (relating to practice and procedure of Commonwealth
agencies) and Ch. 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(c) Injunction.--
(1) A court may order a transfer under subsection(a)(2)
if it is established that the penalty under subsection (b) is
inadequate to maintain the abandoned business facility in
accordance with subsection (a)(1).
(2) A private citizen may bring an action under this
subsection.
Section 6. Effective date.
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This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 2.
(ii) Section 3(3).
(iii) This section.
(2) Section 5 shall take effect on the effective date of
the regulations promulgated under section 3(3).
(3) The remainder of this act shall take effect in 60
days.
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