PRIOR PRINTER'S NO. 1889 PRINTER'S NO. 3323
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 19930H1637B3323 - 2 -
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.-- 19930H1637B3323 - 3 -
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 19930H1637B3323 - 4 -
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 19930H1637B3323 - 6 -
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] 19930H1637B3323 - 8 -
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 19930H1637B3323 - 11 -
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
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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. <-- A11L16JLW/19930H1637B3323 - 14 -