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Commonwealth v. Sprock

Tax Claim Bureau became trustee of property that remained unpurchased after delinquent tax sale, and thus former owners were not subject to criminal liability for violations of property maintenance ordinance.

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ARGUED: November 4, 1999

Rose and Carl Sprock appeal from the convictions and sentences imposed on them by the Court of Common Pleas of Somerset County for summary violations of the Borough of Central City’s Safe Property Maintenance Ordinance, Ordinance 347. We reverse the trial court’s orders and vacate the Sprocks’ sentences.

The Sprocks acquired ownership of Lot No. 1 of Block 47 on Sunshine Avenue in Central City by deed dated September 26, 1979, as recorded in Somerset County Deed Book, Volume 845, page 407. The Sprocks failed to pay the real estate taxes on the property for the years 1981 through 1987. As a result of that failure, the Somerset County Tax Claim Bureau (Bureau) offered the property for sale at a tax sale on September 14, 1987, at the upset price of $9,942.70. However, no bids were received that met or exceeded the upset price and the property was not sold. The Bureau took no further action with regard to the property and simply allowed it to remain in its inventory of unsold property, and the Sprocks continued to be listed as the owners of record.

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