PRIOR PRINTER'S NO. 1889                      PRINTER'S NO. 3323

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1637 Session of 1993


        INTRODUCED BY McNALLY, TRELLO, GIGLIOTTI AND PETRONE,
           MAY 25, 1993

        AS RE-REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 15, 1994

                                     AN ACT

     1  Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
     2     as amended, "An act relating to counties of the second class
     3     and second class A; amending, revising, consolidating and
     4     changing the laws relating thereto," PROVIDING FOR THE         <--
     5     COLLECTION OF TAXES ON REAL PROPERTY FROM RENT PAYABLE BY
     6     TENANTS; further providing for the collection of tax and
     7     municipal claims by suit, for the retirement board, AND FOR    <--
     8     THE INTEREST RATE ON CONTRIBUTIONS WHEN A PERSON IS SEPARATED
     9     FROM SERVICE; PROVIDING FOR THE PURCHASE OF CREDIT FOR
    10     SERVICE IMMEDIATELY FOLLOWING ORIGINAL EMPLOYMENT; FURTHER
    11     PROVIDING for eligibility for retirement allowances and for
    12     requirements for credit for previous service; and providing    <--
    13     for deputy fire marshals; AND MAKING A REPEAL.                 <--

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 109.1 of the act of July 28, 1953          <--
    17  (P.L.723, No.230), known as the Second Class County Code, added
    18  October 5, 1990 (P.L.519, No.125), is amended to read:
    19     SECTION 1.  THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN  <--
    20  AS THE SECOND CLASS COUNTY CODE, IS AMENDED BY ADDING A SECTION
    21  TO READ:
    22     SECTION 108.1.  COLLECTION OF TAX ON REAL PROPERTY FROM RENT


     1  PAID TO OWNER.--(A)  WHERE THE OWNER OF ANY RESIDENTIAL REAL
     2  PROPERTY WHICH IS SUBJECT TO A CLAIM PURSUANT TO THE ACT OF MAY
     3  16, 1923 (P.L.207, NO.153), REFERRED TO AS THE MUNICIPAL CLAIM
     4  AND TAX LIEN LAW, DERIVES ANY RENTAL INCOME FROM THAT PROPERTY,
     5  THE COUNTY TREASURER SHALL NOTIFY THE PROPERTY OWNER IN WRITING
     6  OF HIS DUTY TO REMIT THAT RENTAL INCOME TO THE OFFICE OF THE
     7  COUNTY TREASURER. THE RENT SO REMITTED IS TO BE APPLIED TO THE
     8  AMOUNT OF TAX OWED, ALONG WITH ANY INTEREST OR PENALTIES DUE,
     9  UNTIL THE CLAIM IS PAID IN FULL.
    10     (B)  THE NOTICE OF THE COUNTY TREASURER SHALL INCLUDE THE
    11  AMOUNT OF THE CLAIM ON THE PROPERTY, INCLUDING INTEREST AND
    12  PENALTIES, AND THE DATE OR DATES THE RENTAL INCOME IS TO BE
    13  REMITTED. IF, AFTER FIFTEEN DAYS OF THE DATE OR DATES SPECIFIED
    14  IN THE NOTICE, THE PROPERTY OWNER FAILS TO REMIT THE RENTAL
    15  INCOME, THE COUNTY SHALL IMMEDIATELY BEGIN THE JUDICIAL SALE
    16  PROCESS PROVIDED FOR IN THE MUNICIPAL CLAIM AND TAX LIEN LAW.
    17     SECTION 2.  SECTION 109.1 OF THE ACT, ADDED OCTOBER 5, 1990
    18  (P.L.519, NO.125), IS AMENDED TO READ:
    19     Section 109.1.  Collection of Tax and Municipal Claims by
    20  Suit; Limitations.--(a)  In addition to the remedies provided by
    21  law for the collection of tax and municipal claims, the county
    22  may proceed for the recovery and collection of any tax or
    23  municipal claim against any owner or owners of the property
    24  owing such tax or municipal claim by a civil action or other
    25  appropriate remedy. To each judgment obtained for such taxes or
    26  municipal claim, there shall be added a penalty of ten per cent,
    27  interest at the prevailing legal rate and costs of suit. Upon
    28  judgment, execution may be issued without any stay or benefit of
    29  any exemption law.
    30     (b)  The right of the county to collect unpaid taxes or
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     1  municipal claims under the provisions of this section shall not
     2  be affected by the fact that such tax or municipal claims have
     3  or have not been entered as liens in the office of the
     4  prothonotary.
     5     (c)  A civil action brought to recover unpaid taxes or
     6  municipal claims shall be commenced within twenty years after
     7  the tax is due or after the completion of the improvement from
     8  which said claim arises.
     9     (d)  The remedy granted under this section shall be applied
    10  retroactively.
    11     Section 2.  Section 1703 of the act is amended to read:        <--
    12     Section 1703.  Retirement Board.--The retirement system shall
    13  be under the sole direction of a board, which shall consist of
    14  the county commissioners, the treasurer, the controller, and two
    15  persons elected by ballot from among the members of the
    16  retirement system, one to serve for two years and one for four
    17  years. Following the completion of the initial terms, the stated
    18  terms of such members shall be four years. Ballots shall be
    19  mailed or distributed to each member of the retirement system at
    20  least twenty (20) days prior to the date of the election. A
    21  vacancy occurring during the term of any member of the board
    22  shall be filled for the unexpired term by the appointment or
    23  election of a successor in the same manner as his predecessor. A
    24  majority of the members of the board shall constitute a quorum
    25  for the transaction of any business.
    26     Section 3.  Section 1715(a) of the act, amended December 14,
    27  1989 (P.L.631, No.75), are amended to read:
    28     SECTION 3.  SECTION 1710 OF THE ACT IS AMENDED BY ADDING A     <--
    29  SUBSECTION TO READ:
    30     SECTION 1710.  EMPLOYES ELIGIBLE FOR RETIREMENT ALLOWANCES.--
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     1  * * *
     2     (G.1)  UPON APPLICATION TO THE BOARD, A COUNTY EMPLOYE MAY
     3  HAVE THE PERIOD OF HIS OR HER EMPLOYMENT FROM THE DATE OF
     4  ORIGINAL EMPLOYMENT TO THE DATE HE OR SHE BECAME A MEMBER OF THE
     5  COUNTY EMPLOYES' RETIREMENT SYSTEM CREDITED AS A COUNTY EMPLOYE
     6  FOR ALL PURPOSES UNDER THIS ARTICLE. IF THE APPLICATION IS
     7  APPROVED BY THE BOARD, THE COUNTY EMPLOYE SHALL PAY INTO THE
     8  RETIREMENT FUND THE CONTRIBUTIONS THAT THE PERSON WOULD HAVE
     9  BEEN REQUIRED TO MAKE INTO THE RETIREMENT SYSTEM HAD THE PERSON
    10  BEEN A MEMBER OF THE COUNTY EMPLOYES' RETIREMENT SYSTEM FROM THE
    11  DATE OF HIS OR HER ORIGINAL EMPLOYMENT. THE GROSS SUM SHALL BE
    12  PAID INTO THE RETIREMENT FUND AT ONE TIME AND IN ONE AMOUNT OR,
    13  UPON APPROVAL OF THE BOARD, SHALL BE PAID IN SIX OR FEWER EQUAL
    14  CONSECUTIVE MONTHLY INSTALLMENTS.
    15     * * *
    16     SECTION 4.  SECTIONS 1714(A) AND 1715(A) OF THE ACT, AMENDED
    17  DECEMBER 14, 1989 (P.L.631, NO.75), ARE AMENDED TO READ:
    18     SECTION 1714.  SEPARATION FROM SERVICE; REFUND OF
    19  CONTRIBUTION.--(A)  ANY PERSON CONTRIBUTING MONTHLY OR BI-WEEKLY
    20  INTO THE RETIREMENT FUND WHO SHALL, FOR ANY CAUSE, CEASE TO BE A
    21  COUNTY EMPLOYE BEFORE HE OR SHE SHALL BE ELIGIBLE TO RECEIVE THE
    22  BENEFITS OF THE RETIREMENT ALLOWANCES, THE TOTAL AMOUNT OF THE
    23  CONTRIBUTIONS PAID INTO THE RETIREMENT FUND BY SUCH COUNTY
    24  EMPLOYE SHALL BE REFUNDED TO HIM OR HER BY THE BOARD, OR, IN THE
    25  EVENT OF THE DEATH OF ANY SUCH COUNTY EMPLOYE, THE AMOUNT OF
    26  SAID CONTRIBUTIONS SHALL BE PAID TO SUCH PERSON OR PERSONS AS HE
    27  OR SHE SHALL HAVE DESIGNATED IN WRITING, AS FILED WITH THE
    28  BOARD, AS HIS OR HER BENEFICIARY, OR TO HIS OR HER ESTATE. IF NO
    29  PERSON OR PERSONS HAVE BEEN DESIGNATED AS HIS OR HER
    30  BENEFICIARY, OR NO NOTICE HAS BEEN FILED WITH THE BOARD TO PAY
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     1  THE AMOUNT OF SUCH CONTRIBUTIONS TO HIS OR HER ESTATE, AS HEREIN
     2  PROVIDED, THEN THE BOARD IS HEREWITH AUTHORIZED TO PAY SUCH
     3  CONTRIBUTIONS TO THE EXECUTOR, ADMINISTRATOR, SURVIVING SPOUSE,
     4  OR NEXT OF KIN OF THE DECEASED COUNTY EMPLOYE. IN THE EVENT THE
     5  SURVIVING SPOUSE OR NEXT OF KIN OF THE DECEDENT CANNOT BE FOUND
     6  FOR THE PURPOSE OF MAKING DISTRIBUTION OF SUCH CONTRIBUTIONS FOR
     7  A PERIOD OF SEVEN YEARS FROM THE DEATH OF THE SAID COUNTY
     8  EMPLOYE, THEN THE AFORESAID CONTRIBUTIONS SHALL BE ESCHEATED TO
     9  THE COMMONWEALTH FOR THE BENEFIT OF THE RETIREMENT SYSTEM. IN
    10  ADDITION THERETO, SIMPLE INTEREST SHALL BE PAID AT A MONTHLY
    11  RATE OF INTEREST THAT IS EQUIVALENT TO ONE-TWELFTH OF THE ANNUAL
    12  RATE OF INTEREST SPECIFIED HEREIN ON CONTRIBUTIONS OF THE MEMBER
    13  MADE UNDER SUBSECTION (A) OF SECTION 1708 CALCULATED FROM THE
    14  BEGINNING OF THE MONTH OF THE DEPOSIT, OR WITHHOLDING, OR
    15  PAYMENT INTO THE FUND OF THOSE CONTRIBUTIONS THROUGH THE END OF
    16  THE MONTH OF REFUND; AND SUCH INTEREST CREDITED TO THE
    17  CONTRIBUTIONS OF THE MEMBER MADE UNDER SUBSECTION (A) OF SECTION
    18  1708 IN A PRIOR CALENDAR YEAR SHALL RECEIVE SIMPLE INTEREST AT
    19  THE MONTHLY RATE OF INTEREST THAT IS EQUIVALENT TO ONE-TWELFTH
    20  OF THE ANNUAL RATE OF INTEREST SPECIFIED HEREIN THROUGH THE END
    21  OF THE MONTH OF REFUND. THE ANNUAL RATE OF INTEREST SHALL BE
    22  [THREE PER CENTUM PRIOR TO MARCH 1, 1981, AND FIVE PER CENTUM
    23  THEREAFTER] FIXED BY THE BOARD. SUCH CONTRIBUTIONS AND INTEREST
    24  SHALL BE PAID TO A COUNTY EMPLOYE PROVIDED HE WAS EMPLOYED FOR A
    25  PERIOD OF TWO CONSECUTIVE YEARS OR MORE AND HAS MADE TWENTY-FOUR
    26  MONTHLY CONTRIBUTIONS TO THE FUND AND IS NOT ELIGIBLE TO RECEIVE
    27  THE BENEFITS OF A RETIREMENT ALLOWANCE. NOTWITHSTANDING THE
    28  PROVISIONS OF THIS SUBSECTION, A MEMBER WHO HAS CEASED TO MAKE
    29  CONTRIBUTIONS TO THE FUND BY PAYROLL DEDUCTION SHALL THEREAFTER
    30  BE CREDITED WITH INTEREST ONLY FOR A PERIOD OF YEARS EQUAL TO
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     1  HIS YEARS OF CURRENT SERVICE UNDER THIS AMENDMENT. ANY PERSON
     2  WHO HAS HERETOFORE OR WHO SHALL HEREAFTER CEASE TO BE A COUNTY
     3  EMPLOYE, SHALL THEREAFTER CEASE TO BE A MEMBER OF THE RETIREMENT
     4  SYSTEM, EXCEPT SUCH FORMER COUNTY EMPLOYE WHO MAY BE ELIGIBLE TO
     5  RECEIVE THE BENEFITS OF A RETIREMENT ALLOWANCE PLUS A SERVICE
     6  INCREMENT IF ANY IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS
     7  1710 AND 1713.
     8     * * *
     9     Section 1715.  Reinstatement and Requirements for Credit for
    10  Previous Service.--(a)  No county employe shall be permitted to
    11  withdraw his or her contributions as paid into the retirement
    12  fund upon transfer from one office, department or agency to
    13  another. Any person who has ceased to be a county employe and
    14  whose contributions as paid into the retirement fund, have been
    15  refunded by the board, if such person has been reemployed by the
    16  county or county institution district and desires to be given
    17  credit for previous service as a county employe, he or she
    18  shall[, within two years of the effective date of this
    19  amendatory act, or for those who are reemployed after the
    20  effective date of this amendatory act, within two years of the
    21  date of reemployment,] make payment in full of the amount
    22  refunded, with interest at the legal rate, the said interest to
    23  be computed from the date of the refund to the date of
    24  repayment. [Upon application of the employe desiring to be given
    25  credit for previous service as a county employe at least sixty
    26  days prior to the expiration of the period of two years from the
    27  effective date of this amendatory act or the date of
    28  reemployment, such employe shall be permitted to make payment in
    29  full of the amount refunded, with interest at the legal rate,
    30  within an additional period of one year.] Both principal and
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     1  interest shall be paid into the retirement fund at one time and
     2  in one amount, or, upon approval of the board, both principal
     3  and interest shall be consolidated into one amount and paid in
     4  twenty-four or less equal monthly installments, plus interest
     5  payment on monthly balances. [Whenever the time for payment in
     6  full has been extended for an additional period of one year, the
     7  principal and interest may be paid in a total of not more than
     8  thirty-six equal monthly installments.] Upon application to the
     9  board, an employe shall be permitted to pay the principal and
    10  interest in thirty-six or less equal monthly installments, plus
    11  interest payment on monthly balances. Full payment thereof shall
    12  be a condition precedent to the county employe being eligible to
    13  receive the benefits of the retirement allowance plus a service
    14  increment, if any. Such county employe shall make monthly
    15  payments into the retirement fund in accordance with the
    16  provisions of section 1708.
    17     If any person who hereafter becomes a county employe and
    18  thereafter ceases to be a county employe and his or her
    19  contributions as paid into the retirement fund are refunded by
    20  the board, is reemployed by the county or county institution
    21  district and he or she desires to be given credit for previous
    22  service as a county employe, he or she shall [within two years    <--
    23  of the date of reemployment,] make payment in full of the amount  <--
    24  refunded, with interest at the legal rate, the said interest to
    25  be computed from the date of refund to the date of repayment.
    26  [Upon application of any person who hereafter becomes a county    <--
    27  employe and desires to be given credit for previous service as a
    28  county employe, at least sixty days prior to completion of a
    29  period of two years from the date of reemployment, such employe
    30  shall be permitted to make payment in full of the amount
    19930H1637B3323                  - 7 -

     1  refunded, with interest at the legal rate, within an additional
     2  period of one year.] Both principal and interest shall be paid    <--
     3  into the retirement fund at one time and in one amount, or, upon
     4  approval of the board both principal and interest shall be
     5  consolidated into one amount and paid in twenty-four or less
     6  equal monthly installments, plus interest payments on monthly
     7  balances. Whenever the time for payment in full has been
     8  extended for an additional period of one year the principal and
     9  interest may be paid in a total of not more than thirty-six
    10  equal monthly installments. Full payment thereof shall be a
    11  condition precedent to the county employe being eligible to
    12  receive the benefits of the retirement allowance plus a service
    13  increment, if any. Such county employe shall make monthly
    14  payments into the retirement fund in accordance with the
    15  provisions of section 1708. Any person who is a county employe
    16  on the effective date of this act may make payments into the
    17  retirement fund which shall cover a period of time within which
    18  such person was a county employe but was not a member of the
    19  retirement system because such membership was not compulsory.
    20     * * *
    21     Section 4 5.  Section 3101 of the act, amended October 5,      <--
    22  1990 (P.L.519, No.125), is amended to read:
    23     Section 3101.  Appointments; Qualifications; Salaries; Duties
    24  of [Assistant] Deputy Fire Marshals.--The county commissioners
    25  shall, on the fourth Monday of March, in the year one thousand
    26  nine hundred forty-three, and every fourth year thereafter,
    27  appoint a citizen of such county to serve as fire marshal
    28  [thereof for the term of four years or until his successor shall
    29  be appointed,] and such number of citizens of said county as the
    30  county commissioners may deem necessary to serve as [assistant]
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     1  deputy fire marshals [thereof for terms of four years or until
     2  their successors shall be appointed]. In making such              <--
     3  appointments, the county commissioner representing the minority
     4  political party in the county shall name one of the [assistant]   <--
     5  DEPUTY fire marshals, and as vacancies occur the commissioner     <--
     6  representing the minority party shall name the successor to any
     7  [assistant] DEPUTY fire marshal selected by a commissioner        <--
     8  representing the minority party]. The fire marshal and deputy     <--
     9  fire marshals shall serve at the pleasure of the board of county
    10  commissioners. The fire marshal shall report to and be subject
    11  to the supervision of the superintendent of county police or his
    12  authorized designee. The deputy fire marshals shall report to
    13  and be subject to the supervision of the fire marshal. No person
    14  shall be appointed fire marshal unless he shall have had ten
    15  years active service as a member of a fire department, and no
    16  person shall be appointed [an assistant] A DEPUTY fire marshal    <--
    17  unless he has had five years experience as an active member of a
    18  fire department. The salary of the fire marshal and the
    19  [assistant] DEPUTY fire marshals appointed under the authority    <--
    20  of this act shall be fixed by the salary board and shall be in
    21  lieu of all other salary or compensation from any source
    22  whatsoever. The [assistant] deputy fire marshals appointed as
    23  aforesaid shall have the same powers and shall perform the same
    24  duties as those prescribed for the fire marshal.
    25     The salary herein authorized shall be provided for by the
    26  county commissioners and paid semi-monthly out of the county
    27  treasury.
    28     Section 5 6.  Sections 3102, 3103, 3105, 3106, 3107, 3108 and  <--
    29  3109, 3109 AND 3301 of the act are amended to read:               <--
    30     Section 3102.  Offices and Supplies.--The county
    19930H1637B3323                  - 9 -

     1  commissioners shall provide the fire marshal and [his
     2  assistants] deputy fire marshals with suitable offices, and
     3  shall pay or cause to be paid out of the treasury all the costs
     4  of maintenance thereof, including clerk and stenographic hire,
     5  and all necessary supplies, stationery, postage and other
     6  incidental expenses.
     7     Section 3103.  Oath of Office and Bond.--Before entering on
     8  the duties of his office, the fire marshal and [his assistants]
     9  deputy fire marshals shall take an oath of office and furnish
    10  bond as is now provided by law in the case of other county
    11  officers. The bond of the fire marshal shall be in the sum of
    12  ten thousand dollars ($10,000) and the bonds of the [assistant]
    13  deputy fire marshals shall be in the sum of five thousand
    14  dollars ($5000).
    15     Section 3105.  [Arrests and Commitment or Bail]
    16  Investigation, Transfer to County Police for Prosecution.--If,
    17  in any investigation, it shall appear to the fire marshal or
    18  [one of his assistants] deputy fire marshal, from the evidence
    19  [before him] presented or obtained, that any building or other
    20  property in the county has been wilfully set on fire by any
    21  person or persons, [he shall, in such case, have the same power
    22  to issue a warrant, directed to any constable of any ward,
    23  borough or township of the county, for the arrest of such person
    24  or persons and their accessories and to commit them for trial or
    25  take bail for their appearance, as a justice of the peace of the
    26  county would have upon information made before him setting forth
    27  the same facts as appear in evidence before the marshal, and in
    28  such case, the said fire marshal shall proceed in the same
    29  manner as a justice of the peace is required by law to do and
    30  with the same powers as he would have after an information duly
    19930H1637B3323                 - 10 -

     1  made before him.] the fire marshal or deputy fire marshal shall
     2  transfer the evidence presented or obtained during the course of
     3  the investigation to the county police evidence room technician,
     4  along with a recommendation to the superintendent of county
     5  police for criminal prosecution of the person or persons
     6  responsible for setting the fire.
     7     Section 3106.  Administration of Oaths; False Testimony;
     8  Subpoena and Attachment; Refusal to Testify or Produce
     9  Documents.--The fire marshal or [either of his assistants]
    10  deputy fire marshal, in order to enable [him] them to discharge
    11  the duties required [of him] in the foregoing section, shall
    12  have power to administer oaths and affirmations in the discharge
    13  of the duties of his office, and a wilful violation of any oath
    14  or affirmation so administered by him, or wilfully and knowingly
    15  giving false testimony before him, shall be perjury; and he
    16  shall have power to compel the attendance of any person whom he
    17  may desire to examine in relation to any fire by subpoena and
    18  attachment; and if any person shall refuse to be sworn or
    19  affirmed or to testify in relation to any of the matters in
    20  regard to which it is the duty of the fire marshal to make
    21  investigation, or shall refuse to produce before the fire
    22  marshal any books, papers or documents in their possession which
    23  the said marshal may deem necessary to enable him to ascertain
    24  the truth in any investigation then being made by him, the said
    25  marshal shall [have power to commit such person to the county
    26  jail until such person shall be willing to and shall be sworn or
    27  affirmed or testify or produce the books, papers and documents,
    28  as the case may be, and no longer] have the power, upon the
    29  approval of the superintendent of county police and the
    30  authorized representative of the district attorney's office, to
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     1  commit such person to the county jail until such person shall be
     2  willing to and shall be sworn or affirmed or testify or produce
     3  the books, papers and documents, as the case may be, and no
     4  longer: Provided, That no testimony taken under oath or
     5  affirmation before the fire marshal, as aforesaid, shall be used
     6  in evidence against the party giving it in any civil or criminal
     7  proceedings whatsoever, except in prosecutions against such
     8  party for perjury.
     9     Section 3107.  Disobedience of Orders; Refusal to Execute
    10  Warrant; Hindering or Obstructing Marshal.--Any constable,
    11  policeman, watchman or citizen who shall refuse or neglect to
    12  obey the orders or directions of the fire marshal when called
    13  upon by him to aid or assist in saving or protecting any
    14  property at any fire[, or any constable who shall refuse or
    15  neglect to execute any warrant of the fire marshal directed to
    16  him for the arrest of any person for the crime of arson], or any
    17  person or persons who shall wilfully hinder or obstruct or
    18  attempt to hinder or obstruct the fire marshal in the
    19  performance of his duties, shall be guilty of a misdemeanor,
    20  and, upon conviction thereof in the court of quarter session of
    21  the county, shall be punished by a fine not exceeding fifty
    22  dollars ($50) and imprisonment in the county jail for a term not
    23  exceeding one (1) year.
    24     Section 3108.  Examination of Buildings and Structures;
    25  Notice to Alter, Remove or Amend.--[It shall be the duty of the
    26  marshal or one of his assistants] Upon written request of the
    27  governing body of any municipality located within the county,
    28  the fire marshal or a deputy fire marshal shall have the power
    29  to examine the dwelling houses and any other buildings and
    30  structures in the county for the purpose of ascertaining
    19930H1637B3323                 - 12 -

     1  whether, by reason of age or dilapidated condition or
     2  accumulation of waste, rubbish, debris, explosive or inflammable
     3  substance, or existence of any other fire hazard, such buildings
     4  or structures are especially liable to fire, and upon finding
     5  any of them defective or dangerous, said marshal [or his
     6  assistants] shall direct the owner or occupants, either by
     7  printed or written notice, to alter, remove or amend the same,
     8  in such manner or within such reasonable time as they may deem
     9  necessary, and in case of neglect or refusal to do so, the party
    10  offending shall forfeit and pay, upon conviction thereof before
    11  any justice of the peace, alderman or police magistrate of the
    12  county, any sum not exceeding twenty-five dollars ($25), for the
    13  use of the county, to be collected as fines and forfeitures are
    14  collected by law.
    15     Section 3109.  Expense of Removal, Alteration or Amendment;
    16  Combustible or Explosive Matter.--The expense of any removal,
    17  alteration or amendment, as aforesaid, shall be paid in the
    18  first instance by the occupant, but shall be chargeable against
    19  the owner of such dwelling house or other building and shall be
    20  deducted from the rent of the same, unless such expenses be
    21  rendered necessary by the act or default of such occupant or
    22  unless there is a special agreement to the contrary between the
    23  parties, and said marshal or [his assistants] deputy marshal or
    24  either of them are hereby empowered at any and all times to
    25  enter into and examine all buildings, structures or places where
    26  any combustible or explosive matter may be lodged and give such
    27  directions, in writing, in the premises as may be deemed
    28  necessary relative to the removal thereof, and in case of
    29  neglect or refusal on the part of the possessor of such
    30  combustible materials or any of them to remove or secure the
    19930H1637B3323                 - 13 -

     1  same within the time and manner directed, the party offending
     2  shall forfeit and pay, in addition to any penalty hereinbefore
     3  imposed, the sum of twenty-five dollars ($25), to be collected
     4  as heretofore provided for in this act.
     5     SECTION 3301.  THE FOLLOWING ACTS AND PARTS OF ACTS AND ALL    <--
     6  AMENDMENTS THEREOF ARE HEREBY REPEALED TO THE EXTENT HEREINAFTER
     7  SPECIFIED:
     8     * * *
     9     SECTION 24 OF THE ACT OF MAY 16, 1923 (P.L.207, NO.153),
    10  REFERRED TO AS THE MUNICIPAL CLAIM AND TAX LIEN LAW, IS REPEALED
    11  AS IT APPLIES TO SECOND CLASS COUNTIES.
    12     * * *
    13     Section 6 7.  This act shall take effect in 60 days.           <--












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