68 Pa. Stat. § 1103

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 1103 - 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:

"Abandoned property." Any property that meets the requirements of conditions of conservatorship as provided in section 5(d).

"Actively marketed." A "for sale" sign has been placed on the property with accurate contact information and the owner has done at least one of the following:

(1) engaged the services of a licensee under the act of February 19, 1980 (P.L. 15, No. 9) , known as the Real Estate Licensing and Registration Act, to place the property in a Multiple Listing Service or otherwise market the property;

(2) placed weekly or more frequent advertisements in print or electronic media; or

(3) distributed printed advertisements.

"Building." A residential, commercial or industrial building or structure and the land appurtenant thereto, including a vacant lot on which a building has been demolished.

"Code." A building, housing, property maintenance, fire, health or other public safety ordinance enacted by a municipality.

"Competent entity." A person or entity, including a governmental unit with experience in the rehabilitation of residential, commercial or industrial buildings and the ability to provide or obtain the necessary financing for such rehabilitation.

"Conservator's or developer's fee." A fee equal to the greatest of the following:

(1) an amount equal to $2,500, adjusted upward by 2% each year;

(2) a 20% markup of the costs and expenses for construction, stabilization, rehabilitation, maintenance and operation or demolition as described in the proposed conservator's plan and any subsequent plan approved by the court; or

(3) twenty percent of the sale price of the property.

"Costs of rehabilitation."Costs and expenses for construction, stabilization, rehabilitation, maintenance and operation or demolition, including reasonable nonconstruction costs associated with the project, including, but not limited to, environmental remediation, architectural, engineering and legal fees and costs, permits, financing fees and a conservator's or developer's fee

"Court." The appropriate court of common pleas.

"Historic property." A property which is listed on the National Register of Historic Places or is a contributing property in a national register historic district or is located in a local government ordinance historic district.

"Immediate family." A parent, spouse, child, brother or sister.

"Nonprofit corporation." A nonprofit corporation that has, as one of its purposes remediation of blight, community development activities, including economic development, historic preservation or the promotion or enhancement of affordable housing opportunities.

"Owner." The holder or holders of title to, or of a legal or equitable interest in, a residential, commercial or industrial building. The term shall include an heir, assignee, trustee, beneficiary and lessee provided the ownership interest is a matter of public record.

"Party in interest." A person or entity who has a direct and immediate interest in a residential, commercial or industrial building, including:

(1) The owner.

(2) A lienholder and other secured creditor of the owner.

(3) A resident or business owner within 2000 feet of the building.

(4) A nonprofit corporation, including a redevelopment authority, which:

(i) except as set forth in subparagraph (ii), is located in the municipality where the building is located; and

(ii) for a building located in a city of the first class, is located in the city and has participated in a project within a five-mile radius of the location of the building.

(5) A municipality or school district in which the building is located.

(6) A land bank as defined under 68 Pa.C.S. § 2103 (relating to definitions).

"Public nuisance." A property that, because of physical condition or use, has been declared by the appropriate official a public nuisance in accordance with the local housing, building, health, fire or related code or is determined to be a public nuisance by the court.

"Substantial rehabilitation." Repairs to the building where:

(1) the cost of repairs, replacements and improvements exceeds 15% of the property's value after completion of all repairs, replacements and improvements; or

(2) more than one major building component is being replaced. Major building components include:

(i) roof structures;

(ii) ceilings;

(iii) wall or floor structures;

(iv) foundations;

(v) plumbing systems;

(vi) heating and air conditioning systems; and

(vii) electrical systems.

68 P.S. § 1103

Amended by P.L. TBD 2022 No. 126, § 1, eff. 1/3/2023.

Amended by P.L. TBD 2014 No. 157, § 1, eff. 12/21/2014.

2008, Nov. 26, P.L. 1672, No. 135, § 3, effective in 90 days [Feb. 24, 2009].