Pennsylvania Act 1913-344 — INCORPORATED TOWNS AUTHORIZED TO IMPROVE PUBLIC STREETS

Act text

INCORPORATED TOWNS AUTHORIZED TO IMPROVE PUBLIC STREETS
                 Act of Jun. 19, 1913, P.L. 535, No. 344              Cl. 08
                                  AN ACT

     Empowering incorporated towns of this Commonwealth, without
        petition of the property owners, to grade, pave, curb,
        macadamize, and otherwise improve public streets, or parts
        thereof, and assess a portion of the cost of the same on the
        owners of property abutting thereon, and providing for the
        collection of the same.

        Section 1.  All incorporated towns shall have power, without
     petition of property owners, to grade, pave, curb, macadamize,
     and otherwise improve public highways, or parts thereof, which
     are now or may hereafter be laid out and opened in any of said
     incorporated towns, and collect, in the manner hereinafter
     provided, two-thirds of the cost and expense of the same from
     the owners of real estate bounding or abutting on such highways,
     by an equal assessment on the feet front bounding or abutting as
     aforesaid. The word "highways" includes streets, lanes, avenues,
     alleys, courts, squares, and public places. The assessment shall
     be estimated by the street commissioner, or person in charge of
     said work, or other competent authority designated by the
     council of said incorporated town. The ordinance authorizing and
     directing such improvement shall be adopted and enacted by the
     affirmative vote of two-thirds of all members comprising the
     council of the incorporated town, and shall be presented to the
     burgess or chief executive of the incorporated town for his
     approval. If the burgess or chief executive approve the
     ordinance, he shall sign it. If he shall not approve, he shall
     return it, with his objections, to the council at the next
     regular meeting thereof, when the objections shall be entered at
     large upon the minutes. At the next succeeding regular meeting
     of council after the return of the ordinance, the council shall
     proceed to a reconsideration thereof. If, after such
     consideration, all of the members elected to the council shall
     vote to pass the ordinance, it shall then be of as full force
     and effect as if the burgess or chief executive had signed it.
     In such case, the vote of the members of the council shall be
     determined by yeas and nays, and the names and votes of the
     members shall be entered in the minutes. If such ordinance shall
     not be returned by the burgess or chief executive at the next
     regular meeting of council after it has been presented to him,
     it shall likewise be of as full force and effect as if he had
     signed it. No such ordinance shall be enacted in less than
     thirty days from the date of its introduction, and, in the
     meantime, copies of said ordinance shall be published in a
     newspaper in said incorporated town or circulating therein, once
     a week for two weeks, and by at least five handbills posted
     along the proposed improvements ten days before the final
     passage in council of such ordinance.
        (1 amended Apr. 9, 1915, P.L.67, No.37)
        Section 2.  All municipal assessments for grading, paving,
     curbing, macadamizing, or otherwise improving public highways,
     or parts thereof, as aforesaid, shall be filed with the clerk or
     secretary of the incorporated town, who shall thereupon cause
     thirty days written or printed notice to be given each party
     assessed, either by service on the owner or agent, or left on
     the assessed premises, that the assessments are due and payable.
     If said assessments, or any of them, shall remain unpaid at the
     expiration of said notice, the same shall be placed in the hands
     of the solicitor of said town for collection, whose duty it
     shall be to collect the same, together with five per centum
     additional as attorney's commission, and interest from the
     completion of the grading, paving, curbing, macadamizing, or
     other improvements, by a municipal claim filed against the
     delinquent owner, describing the premises, upon which a scire
     facias may issue. When an owner has two or more lots against
     which there is an assessment for the same improvement, all of
     said lots shall be embraced in one claim.
        (2 amended Apr. 9, 1915, P.L.67, No.37)
        Section 3.  No assessments for grading, paving, curbing,
     macadamizing, or other improvement, under the provisions of this
     act, shall be a lien on real estate for more than six months
     from the time of the completion of such work, unless a claim for
     the same shall be filed in the office of the prothonotary of the
     proper county within that time; nor shall the same continue a
     lien longer than five years from the time of filing the claim,
     unless revived by scire facias in the manner provided by law in
     the case of mechanics' claims.
        Section 4.  Every claim shall be a plain statement, in which
     the corporate name of the incorporated town shall be used as a
     plaintiff, and the owner or owners named as defendants, and
     shall contain a description of the property or properties
     against which it is filed, the nature and kind of work done, and
     the time when the same was completed, and every claim filed
     shall be prima facie evidence of all matter therein set forth.
        Section 5.  The term "owner" shall be construed to mean all
     individuals, corporations, public or private, and associations
     having any title or interest in the property assessed. If the
     owner to whom notice is required to be given by this act is a
     non-resident of the incorporated town, and his, her, or their
     place of residence is unknown to the clerk or secretary of the
     incorporated town, or if the ownership of the property cannot be
     ascertained, the notice shall be posted on the premises, and a
     copy left with the occupant, if there be one.
        Section 6.  Where the defendant in any writ of scire facias
     shall be a corporation, and the property assessed cannot be
     sold, the scire facias shall be proceeded upon to judgment, and
     a writ of fieri facias shall be issued thereon, by virtue of
     which any personal property of the corporation, wherever
     situated, may be levied on and sold, or on an attachment in
     execution may be issued as in other cases.