December 3, 2012 Irene McLaughlin, J.D.

1. Housing Alliance of PABlight SummitEscalating Enforcement: Creative Uses of Civil and Criminal Statutes December 3, 2012 Irene McLaughlin, J.D.

2. Act 90 Overview • Neighborhood Blight Reclamation and Revitalization, Act 2010-90 (Act 90) • Municipal Prosecution Escalation-Penal Code & Act 90 Extradition • Act 90 Asset Attachment – based on already existing law, reinforces laws application to blighted properties • Act 90 Permit Denial – NEW MUNICIPAL AUTHORITY • Review of important Act 90 definitions

3. ADJUDICATIONSunderlie Act 90 remedies • Act 90 comes into play only after a final determination or judgment by a court of law • For Extradition—after basic code enforcement & penal code charges • For Asset Attachment—after “judgment, decree or order” for a code violation* or a public nuisance • For Permit Denial—after a final and unappealable tax, water, sewer or refuse collection delinquency, OR code violation*

4. *Act 90 definitions • Serious Violations • Substantial Step See last page of handout

5. Penal Code (Title 18) Basics Grading: Summary, Misdemeanor or Felony; The penalties a judge can impose immediately depends on the grading; Summary offenses: money fines (jail only upon willful failure to pay fines); Misdemeanor, Felony: imprisonment; Code violations are summary offenses; Pennsylvania Rules of Summary Criminal Procedure apply.

6. Escalation and Enforcement Housing Code Avoidance: Four (4) of same code violations, same property Act 90 Extradition goes hand in hand with Housing Code Avoidance

7. Corporations & Criminal Liability Pennsylvania criminal law allows the imposition of criminal liability upon corporate or association officers (18 Pa.C.S. section 307(d)) The name of the corporation and the name of a corporate officer must be named in the citation or complaint Only people, corporate officers,can be put in jail; you can’t put a corporation in jail.

8. Complaint or Citation? Private Criminal Complaint Page 6-7 of handout Citation Page 8-9 of handout Hand written For personal service • Allows for legibility • Easy to mail • Allows for standardization of all specific information that a defendant is required to be notified to fully understand the charges • Allows for daily violations charges

9. PA Unified Judiciary links Link to Private Criminal Complaint: http://www.pacourts.us/Forms/Default.htm Link to the MDJ docket sheets: http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx

10. Criminal Escalation and Enforcement REQUIRES Good records of code enforcement dispositions (progressive discipline) Assistant District Attorney approval Docket Sheet (per case filing) pages 3-4 of handouts Court Summary (all filings related to the defendant or parcel) pages 5of handouts

11. MDJ docket sheets:http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx Select “Parcel” search type Enter Parcel ID: 16 digits Capital letter Parcel ID Examples: 0033E00323000000, 0138E00093000000, 0014R00230000000, 0139D00326000000, 0059N00137000000, 0014M00121000000, 0059N00137000000 Parcel ID in Allegheny County = “Lot & Block 33E323” in 16 digit form at it is provided at Allegheny County Real Estate Website/Assessment Page

12. Adjudications under Asset Attachment Judgment, decree or order for serious violation of a code OR failure to correct a public nuisance AND No substantial step to correct within 6 months of receipt of notice to abate *** √ Allows a single action for the recovery of penalties imposed against an owner and the costs of remediation (see bottom of page 2 of handout)

13. Adjudications under Permit Denial Final and unappealable tax, water, sewer or refuse collection delinquency OR Judgment, decree or order for serious violation of a code OR failure to correct a public nuisance AND No substantial step to correct within 6 months of receipt of notice to abate

14. Adopt an Act 90 Ordinance Local municipal adoption is not required. It is however strongly recommended that a municipality consider adopting an ordinance that implements Act 90 with the municipality’s definition of “serious violation”. This Act 90 ordinance should be separate and distinct from other property codes. City of Pittsburgh ordinance is available. Arnold B. Kogan, Esq. Draft 5-1-2011 Model Ordinance is available. Note: dense legal information-best for your Solicitors.

15. Act 90 begins with Due Process Notice on Owner Where Owner is an association or trust: • No lien on individual assets of partner or trustee • Lien against association or trust assets only • If no registered office of the association or trust, can use 1.property tax billing address along with 2.posting property and 3.personal service to “the person in charge of the property”

16. Property Owners that are Corporations or other Associations, Trusts etc. The name of the corporation, association, trust etc. along with the name of a corporate officer, director, employee, agent etc. must be named in the initial court action. Officers, directors, employees and agents of a corporation or other association, including limited liability companies, can be held liable for the acts or omissions of the corporate owner (as well as individually liable without piercing the corporate veil.) ‘Personal Liability of Officers, Agents and Operators’ by Arnold B. Kogan, Esq. is available.

17. Corporations & Criminal Liability Pennsylvania criminal law allows the imposition of criminal liability upon corporate or association officers (18 Pa.C.S. section 307(d)) Only people (i.e. corporate officers)can be put in jail; you can’t put a corporation in jail.

18. Court Adjudications Criminal Records 1. MDJ and Court of Common Pleas Docket Sheets Link to the docket sheets: http://ujsportal.pacourts.us/DocketSheets 2. Clerk of Courts Civil Records 3. County Prothonotaries .

19. Feedback Welcome Irene McLaughlin irenemclghln99@gmail.com