act-1935-0-410•Pennsylvania Act 1935-410 — VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS
Pennsylvania Act 1935-410 — VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS
act-1935-0-4101935 Pa. Act 410Law
Act text
VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS
Act of Jul. 18, 1935, P.L. 1308, No. 410 Cl. 73
AN ACT
Validating certain proceedings for municipal improvements,
municipal assessments, municipal claims, and municipal liens
in the several townships of the second 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
board of supervisors of any township of the second class of this
Commonwealth has authorized by resolution the grading, curbing,
guttering, paving, or macadamizing with concrete, brick, stone,
or other suitable material of any public road, street, or
thoroughfare, or portion thereof, either cartway, footwalk, or
gutters and has caused such improvement to be made; and, in such
resolution, has authorized the advertising for bids therefor and
the assessment of benefits upon the property benefited thereby,
and subsequent thereto, pursuant to a resolution passed after
the passage and approval of the original resolution 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 roads, streets, or highways,
without any advertising for bids on the part of the township, as
provided for in the original resolution authorizing such
improvement; and has subsequent thereto brought proceedings for
the appointment of viewers to assess benefits for the said
improvement against the property abutting along the line of
improvement, in accordance with the provisions of the original
resolution authorizing the said improvement, or has by
resolution provided for the assessment against abutting property
owners of benefits for such improvement; or whenever heretofore
the board of supervisors of any township of the second class of
this Commonwealth has required by resolution and caused to be
made, graded, paved, curbed, or macadamized with brick, stone,
or other suitable material or otherwise improved any property or
public road, 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 road, 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
township; or has caused ornamental lights to be erected pursuant
to any resolution; 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 road, street, alley, or highway which is
located outside the limits of the township, the owners of such
property being given permission by the township to use such
sewer, and such property not being then provided with sewer
facilities; and has by resolution provided for the assessment
against abutting property owners of benefits for such
improvement, but owing to some defect in the petition, action of
the board of supervisors, notice of publication, failure to make
such improvement in accordance with the strict terms of any
resolution, or any other proceeding or action necessary under
existing laws to give jurisdiction to such board of supervisors;
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 resolution itself
or the official record book containing the same has been lost,
mislaid, or destroyed; or such resolution 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 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 resolutions 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 failing 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 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 road, 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 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 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 resolution of the township authorizing the
construction of any improvement was in fact adopted before such
township was legally empowered to make such assessments on
property within or outside the limits of such township, if such
improvement was actually constructed, and such assessments
against property within or without the limits of such township
made subsequent to the time when such 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 township shall be valid and binding; and the supervisors of
such township may cause the property bounding or abutting along
the line of the improvement, or on the road, 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 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 hereinafter 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 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 (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 resolution 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
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 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
its final enactment.
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.