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§ 1104. Initiation of action

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 P.S. Real and Personal PropertyEffective: December 22, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 68 P.S. Real and Personal Property (Refs & Annos)
Chapter 26. Abandoned and Blighted Property Conservatorship Act (Refs & Annos)
Effective: December 22, 2014
68 P.S. § 1104
§ 1104. Initiation of action
Currentness
(a) Filing of petition.--A petition for the appointment of a conservator to take possession and to undertake the rehabilitation of a building may be filed by a party in interest in a court in the county in which the building is located. The proceeding on the petition shall constitute an action in rem.
(b) Contents.--The petition submitted to the court shall include a sworn statement that, to the best of the petitioner's knowledge, the property meets the conditions for conservatorship set forth in section 5(d)1 and to the extent available to the petitioner after reasonable efforts to obtain such information:
(1) A copy of any citation charging the owner with being in violation of municipal code requirements or declaring the building to be a public nuisance.
(2) A recommendation as to which person or entity should be appointed conservator.
(3) A preliminary plan with initial cost estimates for rehabilitation of the building to bring it into compliance with all municipal codes and duly adopted plans for the area in which the building is located and anticipated funding sources.
(4) A schedule of mortgages, liens and other encumbrances on the property.
(c) Notice of lis pendens.--The petitioner shall file a notice of lis pendens in the office of the recorder of deeds for the county in which the property is located.
(d) Notification of owner, political subdivisions and lienholders.--
(1) Upon filing the petition with the court, the petitioner shall notify the current owner of the property, all political subdivisions in which the property is located, all municipal authorities known to have provided service to the property and all lienholders of the filing by registered or certified mail to the last known address of each and by posting a copy of the notice on the building.
(2) In the event the registered or certified mail is returned with notation by the postal authorities that the recipient refused to accept the mail, the petitioner may mail a copy to the recipient at the same address by ordinary mail with the return address of the petitioner appearing thereon.
(3) Service by ordinary mail shall be presumed complete if the mail is not returned to the petitioner within 30 days after mailing.
(4) In the event that the registered or certified mail is returned with the notation by the postal authorities that it was unclaimed, the notice shall be personally served.
(5) In the event that the personal service is not able to be made after two such attempts, then the petitioner shall mail the petition to the recipient at the same address by ordinary mail with the return address of the petitioner appearing thereon with service by ordinary mail deemed complete if the mail is not returned to the petitioner within 15 days after the mailing.
(6) The petitioner shall also notify the owner and each lienholder of the hearing date and provide notice that the owner and lienholders may petition to intervene in the action.
(e) Adjacent properties.--The petition may include one or more adjacent properties in a single action if:
(1) the property that is the primary subject of the action is owned by the same owner as the adjacent property; and
(2) the properties are or were used for a single or interrelated function.

Credits

2008, Nov. 26, P.L. 1672, No. 135, § 4, effective in 90 days [Feb. 24, 2009]. Amended 2014, Oct. 22, P.L. 2557, No. 157, § 2, effective in 60 days [Dec. 22, 2014].

Footnotes

1
68 P.S. § 1105.
68 P.S. § 1104, PA ST 68 P.S. § 1104
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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