What is Act 90?

Act 90 is a new strategy aimed at derelict property owners to motivate them to take care of their properties.  Act 90 gives Pennsylvania cities and towns the express power to use very forceful actions to enforce their property maintenance codes.   Specifically, the motivation comes through this section:

§ 6112.  Asset attachment.

(a)  General rule.–A lien may be placed against the assets of an owner of real property that is in serious violation of a code or is regarded as a public nuisance after a judgment, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under section 6111 (relating to actions).

(b)  Construction.–Nothing in this section shall be construed to authorize, in the case of an owner that is an association or trust, a lien on the individual assets of the  general partner or trustee, except as otherwise allowed by law, limited partner, shareholder, member or beneficiary of the association or trust.

§ 6113.  Duty of out-of-State owners of property in this Commonwealth.

A person who lives or has a principal place of residence outside this Commonwealth, who owns property in this Commonwealth against which code violations have been cited and the person is charged under 18 Pa.C.S. (relating to crimes and offenses), and who has been properly notified of the violations may be extradited to this Commonwealth to face criminal prosecution to the full extent allowed and in the manner authorized by 42 Pa.C.S. Ch. 91 (relating to detainers and extradition).

 

Yes.   Extradition.  Criminal penalties.   Sounds like Pennsylvania has finally grown a pair of balls and is giving its counties the powers it needs to do something about it.   Further:

 

§ 6131.  Municipal permit denial.

(a)  Denial.–

(1)  A municipality or a board under subsection (c) may deny issuing to an applicant a municipal permit if the applicant owns real property in any municipality for which there exists on the real property:

(i)  a final and unappealable tax, water, sewer or refuse collection delinquency on account of the actions of the owner; or

(ii)  a serious violation of State law or a code and the owner has taken no substantial steps to correct the violation within six months following notification of the violation

You can’t get any more clear than that.  Personal assets are liable.  However, piercing the corporate veil then finding those assets to attach is a difficult task.   Hopefully with the right investigators at the City working on this, the tide can be turned.