Pennsylvania Act 1939-243 — ABATEMENT OF NUISANCES

Act text

ABATEMENT OF NUISANCES
                 Act of Jun. 19, 1939, P.L. 433, No. 243              Cl. 53
                                  AN ACT

     Authorizing the abatement of certain portions of the interest
        charges, expenses or debt of claims imposed or assessed for
        improvements or for the abatement of nuisances, by any city,
        county, borough, incorporated town, township, school district
        or institution district.

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

        Section 1.  Whenever after due investigation, it has been
     determined by the corporate authorities of any county, city,
     borough, incorporated town, township, school district or
     institution district, that the fair market value of any property
     against which such political subdivision has theretofore entered
     a lien for municipal improvements or for the abatement of
     nuisances, or against which such political subdivision has
     secured judgment by revival of a lien theretofore entered, is
     insufficient, in the judgment of the corporate authorities of
     such political subdivision, to realize the amount thereof at a
     sheriff's sale of the same, such portions of the interest,
     penalties, and total debt of said claim, as in the judgment of
     said corporate authorities may be uncollectible from said
     property, may be abated by the political subdivision in behalf
     of which the claim was filed: Provided, however, That no such
     abatement of any portion of the debt, interest or penalties
     shall be made except in cases where immediate payment of the
     reduced amount with costs is made in cash to such political
     subdivision: And provided further, That no such abatement shall
     be made unless the same is authorized by a resolution passed by
     a two-thirds vote of the corporate authorities of the county,
     city, borough, incorporated town, township, school district or
     institution district so abating the same.
        Section 2.  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 the
     terms of the contract for the improvement for which the
     assessment was levied.
        Section 3.  All acts and parts of acts, general, local and
     special, inconsistent with the provisions of this act, are
     hereby repealed.
        Section 4.  This act shall become effective immediately upon
     final enactment.