Pennsylvania Act 1937-317 — VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS

Act text

VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS
                 Act of Jun. 2, 1937, P.L. 1326, No. 317              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 the first class 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.

        Section 1.  Be it enacted, &c., That 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 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 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 Highways 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 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 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 for such improvement, but owing to some defect in the
     petition, action of council or of the board of commissioners,
     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 or board of
     commissioners; 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 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 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 a writ of scire facias is issued to
     revive the same during every period of five (5) years after the
     lien is filed, as hereafter provided: 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.
        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 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 (6) months after the completion of the
     work where the improvement is now in progress, or within twelve
     (12) 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 (12) 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
     (12) months after the passage of any councilmanic ordinance
     assessing benefits under the provision 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 centum 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.
        Section 4.  This act shall become effective immediately upon
     final enactment.