Pennsylvania Act 1969-73 — VALIDATING CERTAIN MUNICIPAL LIENS

Act text

VALIDATING CERTAIN MUNICIPAL LIENS
                  Act of Jul. 22, 1969, P.L. 176, No. 73              Cl. 53
                                  AN ACT

     To validate certain proceedings for municipal improvements,
        municipal assessments, municipal claims, and municipal liens
        in the several cities of the third class, boroughs and
        townships of this Commonwealth; and validating such
        improvements, assessments, claims and liens; providing for
        the filing of claims and liens therefor and the proceedings
        for the collection of such assessments, claims and liens.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Whenever, heretofore, the council of any city of
     the third class or of any borough, or the board of commissioners
     of any township of the first class or the board of supervisors
     of any township of the second class of this Commonwealth has
     authorized by ordinance the grading, curbing, guttering, paving
     or macadamizing with concrete, brick, stone or other suitable
     material of any public street or thoroughfare, or portion
     thereof, either cartway, footwalk or gutter; and has caused such
     improvement to be made; and in such ordinance has authorized the
     advertising for bids therefor; and the assessment of benefits on
     the front foot rule or otherwise upon the property benefited
     thereby; and subsequent thereto pursuant to an ordinance passed,
     after the passage and approval of the original ordinance
     providing for the improvement, has authorized the entering into
     a contract for the said improvement with the Secretary of
     Transportation of the Commonwealth of Pennsylvania and with the
     general contractor, who was the successful bidder with the
     Commonwealth for the construction of any portion of such streets
     or highways, without any advertising for bids on the part of the
     city, borough or township as provided for in the original
     ordinance authorizing such improvement; and has subsequent
     thereto brought proceedings for the appointment of viewers to
     assess benefits for the said improvements against the property
     abutting along the line of improvement in accordance with the
     provisions of the original ordinance authorizing the said
     improvement; or has by ordinance provided for the assessment
     against abutting property owners of benefits on the front foot
     rule or otherwise for such improvement; or whenever, heretofore,
     the council of any city of the third class or of any borough, or
     the board of commissioners of any township of the first class,
     or the board of supervisors of any township of the second class,
     of this Commonwealth has required by ordinance and caused to be
     made graded, paved, curbed or macadamized with brick, stone or
     other suitable material, or otherwise improved any property or
     public street or thoroughfare, or part thereof, either cartway,
     footwalk or gutter; or has covered or enclosed any watercourse
     or waterway in any street or thoroughfare so as to improve or
     extend and increase the driveway in any street or thoroughfare;
     or has vacated, confined, paved or altered the channel of any
     watercourse or waterway; or has caused any sewers whatsoever to
     be constructed within or without any such city, borough or
     township; or has caused ornamental lights to be erected pursuant
     to any ordinance; or has heretofore in accordance with existing
     law assessed a portion of the cost of such sewer as a sewage tax
     against property abutting along the line of said improvement on
     the side of said street, alley or highway which is located
     outside the limits of the said city, borough or township, the
     owners of such property being given permission by the said city,
     borough or township to use such sewer, and such property not
     being then provided with sewer facilities; and has by ordinance
     provided for the assessment against abutting property owners of
     benefits on the front foot rule or otherwise for such
     improvement, but owing to some defect in the petition, action of
     council or of the board of commissioners, or board of
     supervisors, notice of publication, failure to make said
     improvement in accordance with the strict terms of any
     ordinance, or any other proceeding or action necessary under
     existing laws and ordinances to give jurisdiction to such
     council, board of commissioners or board of supervisors; or
     because of noncompliance with existing laws as to publication of
     copies of ordinance and posting of handbills prior to or after
     the final passage of such ordinance; or because of noncompliance
     with existing laws as to the purchasing of materials and
     supplies; or the awarding of contracts without advertising; or
     because the ordinance itself or the official record book
     containing the same has been lost, mislaid or destroyed; or such
     ordinance has not been transcribed in the official record book;
     or because of irregularity or error in the appointment of
     viewers to assess benefits against property abutting along the
     line of improvement; or because of the neglect of viewers,
     appointed to assess damages and benefits caused or accruing as a
     result thereof, to file their report within the time required by
     law for the filing thereof; or because of irregularity or error
     in the method or procedure taken for the ascertainment of the
     amount of benefits to such property; or because of any
     irregularity or error in the ordinances or passage or approval
     thereof authorizing the execution of the work, the contracting
     therefor, and the assessing of benefits therefor, or where the
     right of the board of viewers to assume jurisdiction and to act
     in assessing the properties benefited thereby is questioned; or
     because of any irregularity or error in the failure to bring the
     proceedings for the assessment of benefits on the front foot
     rule or otherwise for such improvement before the board of
     viewers within the time provided by law; or the failure to
     assess the benefits therefor in the manner now provided by law;
     or because of any irregularity or error in arriving at or
     determining the benefits assessed against any such property; or
     because of the failure to give notice as required by law or
     ordinance; or the time for filing a lien or making claim for
     such improvement has expired; or the claim has not been filed
     after notice to do so; or for any other reason the costs of such
     improvement, or portion thereof, were not or cannot be legally
     assessed upon the property bounding or abutting on the line of
     the improvement or on the street or part thereof improved; or
     owing to some defect in the statement of claim filed to secure
     the lien, or the failure of the city, borough or township
     solicitor to file the lien in the court of common pleas, or to
     sign the name, or to have stamped thereon a facsimile signature
     of the said solicitor or chief executive of the claimant for the
     costs of such improvement, or any error made in the name of the
     owner or owners of the abutting property along the line of the
     improvement payment thereof cannot be enforced; or if the
     ordinance of the city, borough or township, authorizing the
     construction of any improvement, was in fact adopted before such
     city, borough or township was legally empowered to make such
     assessments on property within or outside the limits of such
     city, borough, or township, if such improvement was actually
     constructed, and such assessments against property within or
     without the limits of such city, borough or township made
     subsequent to the time when such city, borough or township was
     legally empowered to levy such assessments as was contemplated
     by the act or acts of General Assembly under which the
     improvement was attempted to be made; and statement of claim
     filed, now by this act such improvement is made valid and
     binding and also any statement of claim, heretofore filed, if
     any, to secure the liens therefor is also made valid and
     binding, and the jurisdiction of any board of viewers
     hereinbefore mentioned to entertain such proceedings and the
     assessments made pursuant to such proceedings against property
     within or without the limits of any such city, borough or
     township shall be valid and binding, and the council of such
     city or borough and the commissioners or supervisors of such
     township may cause the property, bounding or abutting along the
     line of the improvement or on the street, or part thereof, upon
     which the improvement has been made or is now being made, to be
     assessed in the manner now provided by law or by the board of
     viewers' proceedings in the manner and at the rates now provided
     by law with such a portion of the costs of such improvement as
     is contemplated by the law under which the improvement was made,
     or attempted to be made, or is now being made; and all such
     benefits and all assessments heretofore made or determined are
     hereby ratified, confirmed, and validated; and any statement of
     claims heretofore filed, if any, to secure the liens therefor
     are also hereby ratified, confirmed, and validated. Such
     assessment or other assessment heretofore made or hereafter made
     in proceedings now pending within the time limitations specified
     in this act shall be a lien upon the property assessed, and any
     lien heretofore filed for benefits assessed or for the cost of
     such improvement, or any part thereof, although the report of
     the viewers assessing the same was not filed within the time
     required by law for the filing thereof, is hereby made valid and
     binding with the same force and effect as though such report was
     filed within the time required by law for filing the same. The
     lien shall date from the completion of the improvement for which
     the assessment is made whether the work was completed through
     one or several operations or contracts, or from the date of
     filing the same, and shall remain a lien until fully paid and
     satisfied: Provided, That the lien be revived during every
     period of five years after the lien is filed, either by the
     issuance of a writ of revival, or the filing of a suggestion of
     nonpayment and an averment of default: And provided further,
     That this act shall not validate any lien against any property
     which has been conveyed to a bona fide purchaser thereof
     subsequent to the expiration of the period prescribed by law for
     the filing of such liens and prior to the date of the filing
     thereof, or give the lien thus filed priority over any bona fide
     lien or liens filed, entered or recorded or which shall have
     otherwise attached subsequently to the time prescribed by law
     for the filing of such municipal lien and prior to the time of
     the filing thereof.
        (1 amended July 25, 1973, P.L.213, No.52)
        Section 2.  The council of any city of the third class, or of
     any borough, or the board of commissioners of any township of
     the first class or the board of supervisors of any township of
     the second class of this Commonwealth, entitled to a lien under
     this act, shall file a lien therefor, if not heretofore filed,
     in the office of the prothonotary of the county within which the
     property lies within six months after the completion of work
     where the improvement is now in progress, or within twelve
     months after the confirmation absolute of the report of the
     viewers assessing the benefits for such improvement whether now
     or hereafter pending, or within twelve months after the approval
     of this act where the improvement is now completed if no lien
     has been heretofore filed for the same, or within twelve months
     after the passage of any councilmanic ordinance assessing
     benefits under the provisions of this act where the improvement
     is already completed, and the same shall be entered upon record
     as other municipal claims. Such liens shall state the name of
     the party claimant, which shall be the corporate name of the
     city, borough or township making the improvement; name of the
     owner or reputed owner of the property assessed; a reasonable
     description of the property assessed; the amount or sum claimed
     to be due which shall include interest on the assessment from
     the completion of the improvement for what improvement the claim
     is made; the date of its completion; the date of the assessment
     for which the lien is filed. Such lien, when so filed, shall be
     prima facie evidence of all matters therein set forth and of the
     right of the city, borough or township to recover the amount
     therein claimed to be due, together with interest from the date
     of the lien or completion of the improvement, costs, and an
     attorney's commission of five per cent for collecting.
        Section 3.  The claim, when so filed, shall be proceeded upon
     for collection by writ of scire facias: Provided, That this act
     shall not apply to any proceeding, suit or lien wherein a final
     order or judgment of any court of record has already been made
     or entered.