Pennsylvania Act 1939-208 — MUNICIPAL CLAIMS, AUTHORIZING INTEREST CHARGES

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.