act-1939-0-208•Pennsylvania Act 1939-208 — MUNICIPAL CLAIMS, AUTHORIZING INTEREST CHARGES
Pennsylvania Act 1939-208 — MUNICIPAL CLAIMS, AUTHORIZING INTEREST CHARGES
act-1939-0-2081939 Pa. Act 208Law
Act text
MUNICIPAL CLAIMS, AUTHORIZING INTEREST CHARGES
Act of Jun. 15, 1939, P.L. 351, No. 208 Cl. 53
AN ACT
Authorizing cities, boroughs, in corporated towns and townships
to abate certain interest charges and penalties added to
municipal claims imposed or assessed for certain
improvements; prohibiting the sale of real property for the
nonpayment of such claims for a certain period; preserving
the liens of such claims; and providing for the extension
thereof.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. All unpaid interest charges and penalties added
to any and all delinquent municipal claims imposed or assessed
on any parcel or parcels of real estate in the year one thousand
nine hundred and thirty-six, and all previous years, filed by
any city, boroughs, incorporated towns or townships, to recover
for the grading, guttering, macadamizing or otherwise improving
the cartways of any public highway, for grading, curbing,
recurbing, paving, repaving, constructing or repairing the
footways thereof, for laying water pipes, gas pipes, culverts,
sewers, branch sewers, or sewer connection therein, for
assessments for benefits in the opening, widening or vacation
thereof, or in the changing of water-courses, or the
construction of sewers through private lands, or in the
acquisition of sewers and drains constructed and owned by
individuals or corporations, and of rights in and to use the
same, may be abated by such city, boroughs, incorporated towns
or townships, upon the payment of the entire face amount of such
delinquent claims imposed or assessed on any parcel or parcels
of real estate and the costs of filing or of any proceedings
thereon on or before December thirty-first, one thousand nine
hundred and thirty-nine.
Section 2. This act shall be construed to apply to all such
claims, whether or not liens for such claims have been filed in
the office of the prothonotary of the county or proceedings for
the collection of such claims have been instituted in any court
in said county, or where real property has been sold to a
county, city, borough, town, township, school district or poor
district at a judicial sale for the nonpayment of such claim and
the period of redemption has not expired; but this act shall not
be construed to apply to cases where real property has been
sold, other than to a county, city, borough, town, township,
school district or poor district at any such sale, and where the
period of redemption has not expired, and the person liable for
the payment of such claim shall be liable for the payment of all
costs incurred in such proceedings except the solicitor's fees.
Section 3. The benefits of this act shall extend to and
accrue to any successful bidder or purchaser at sheriff's or
other judicial sale, grantee, transferee, mortgagee, or other
party in interest in the parcel or parcels of real estate
against which the above-mentioned claims have been imposed or
assessed and levied.
Section 4. Any taxpayer shall have the right to pay the
delinquent claims imposed or assessed and levied against any
parcel or parcels of real estate without being required to pay
the delinquent claims imposed or assessed and levied against any
other parcel or parcels of real estate in the same ward,
district or other political subdivision.
Upon application, either in person or in writing, by any
person liable for the payment of any such delinquent claims, the
authorities imposing or assessing and levying such claims, or
the person or persons charged with the collection of such
delinquent claims, or the person or persons in whose custody the
records of such delinquent claims are kept, shall furnish to the
person liable for the payment of such claims a statement of the
delinquent claims owed by him to such political subdivision
showing the face amount, the interest charges, penalties,
expenses and fees and costs or other charges in detail against
such real property, as shown by the records in his custody.
Section 5. In order to enable the taxpayer to receive the
full benefits of this act, no real property shall be sold for
nonpayment of such municipal claims before January first, one
thousand nine hundred and forty, and any such sale shall be
adjourned or readjourned as often as may be necessary for this
purpose. If any sale is adjourned or readjourned after
advertisement, no additional advertisement or notice shall be
necessary for the adjourned or readjourned sale. No such
adjournment or readjournment, failure to advertise or hold any
such sale shall invalidate the lien of any municipal claim due
and unpaid, but the lien of all such claims shall be fully
preserved until February first, one thousand nine hundred and
forty, in order to give the city, boroughs, incorporated towns
or townships authorities an opportunity to revive any such liens
when payment is not made under the provisions of this act:
Provided, however, That in every case where a person avails
himself of the privileges or benefits of this act, the period
during which payment of the said delinquent claim is postponed
or continued under this act shall not be included in computing
and determining whether or not any right of the authority which
imposed or assessed such claim has been barred or lost by reason
of the provisions of any statute or statutes, now existing or
hereafter enacted limiting the right of the said authority to
file, preserve or maintain the lien of the said claim.
Section 6. The provisions of this act shall not apply to or
in any manner affect any assessments which are the sole basis of
improvement bonds issued by any political subdivision and which
are the security for the payment thereof, or to any assessments
which have heretofore been assigned by any political subdivision
to any contractor in payment of the amount due him under terms
of the contract for the improvement for which the assessment was
levied.
Section 7. The provisions of this act are severable, and if
any of the provisions hereof are held to be unconstitutional,
the decision shall not be construed to impair any other
provision of this act. It is hereby declared as the legislative
intent that this act would have been adopted had such
unconstitutional provision not been included herein.
Section 8. All acts and parts of acts, general, local and
special, inconsistent with the provisions of this act, are
hereby suspended during the time this act shall be in effect.
Section 9. This act shall become effective immediately upon
final enactment.
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