Regular Session 2017-2018 House Bill 1310 P.N. 1621

PRINTER'S NO. 1621

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1310

Session of

2017

INTRODUCED BY PETRI, D. COSTA, DAY, JAMES, MILLARD AND WHEELAND,

MAY 2, 2017

REFERRED TO COMMITTEE ON URBAN AFFAIRS, MAY 2, 2017

AN ACT

Amending the act of May 16, 1923 (P.L.207, No.153), entitled "An

act providing when, how, upon what property, and to what

extent, liens shall be allowed for taxes and for municipal

improvements, for the removal of nuisances, and for water

rents or rates, sewer rates, and lighting rates; for the

procedure upon claims filed therefor; the methods for

preserving such liens and enforcing payment of such claims;

the effect of judicial sales of the properties liened; the

distribution of the proceeds of such sales, and the

redemption of the property therefrom; for the lien and

collection of certain taxes heretofore assessed, and of

claims for municipal improvements made and nuisances removed,

within six months before the passage of this act; and for the

procedure on tax and municipal claims filed under other and

prior acts of Assembly," further providing for lien for

taxes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 4 of the act of May 16, 1923 (P.L.207,

No.153), referred to as the Municipal Claim and Tax Lien Law, is

amended to read:

Section 4. (a) (1) The lien for taxes shall exist in favor

of, and the claim therefor may be filed against the property

taxed by, any municipality to which the tax is payable.

(2) The lien for the removal of nuisances shall exist in

favor of, and the claim therefor may be filed against the

property from which it is removed, or by which it is caused, by,

any municipality by or for which the nuisance is removed.

(3) The lien for grading, guttering, paving, macadamizing,

or otherwise improving the cartways of any highways; for

grading, curbing, recurbing, paving, repaving, constructing, or

repairing the footways thereof; or for laying water pipes, gas

pipes, culverts, sewers, branch sewers, or sewer connections in

any highway; for assessments for benefits in the opening,

widening, or vacation thereof; or in the changing of

watercourses or construction of sewers through private lands; or

in highways of townships of the first class; or in the

acquisition of sewers and drains constructed and owned by

individuals or corporations, and of rights in and to use the

same; or for water rates, lighting rates, or sewer rates, or

rates for any other service furnished by a municipality,--shall

exist in favor of, and the claim therefor may be filed against

the property thereby benefited by, the municipality extending

the benefit; or the city, borough, or township in which the

property is located, if the work, material or service forming

the basis of such lien was supplied by a municipal authority

organized by a city of the second class, by a county of the

second class or by a city of the third class and such liens or

the claim therefor has been assigned to it.

(b) Municipal authorities organized by cities of the second

class, by counties of the second class or by cities of the third

class are hereby authorized to assign their municipal claims and

their liens to the city, borough, or township in which the

property subject thereto is located, and cities, boroughs and

townships in which such property is located are hereby

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authorized to purchase the same. Upon such assignment or

purchase the city, borough, or township acquiring such municipal

claim or lien shall have the same rights thereunder as if it had

supplied the work, material or service upon which such municipal

claim or lien is based.

assessment bills, the lien shall exist for, and the claim shall

be filed to, his use, and he shall under no circumstances have

recourse to the municipality authorizing the work.

(d) (1) Where municipal water or sewer service is provided

through a separate meter to a residential dwelling unit in which

the owner does not reside, the owner's duty to pay a tenant's

bill for service rendered to the tenant by the municipality and

the lien therefor shall exist only if the municipality notifies

the owner and the tenant within thirty days after the bill first

becomes overdue. Notification shall be provided by first class

mail to the address of the owner given to the municipality by

the owner and to the billing address of the tenant,

respectively.

(2) Nothing in paragraph (1) shall be construed to require a

municipality to terminate service to a tenant.

(e) (1) The owner shall not be liable by lien or otherwise

for the cost of service the municipality or municipal authority

provides to the tenant ninety or more days after the tenant's

bill first becomes overdue.

(2) Nothing in this subsection shall be construed to require

a municipality or municipal authority to terminate service to a

tenant as a result of an overdue bill for service.

(f) (1) In a city of the first class where the city owns a

gas utility, the city shall provide notice of a tenant's

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delinquency and the amount and rate of penalty and late fees to

the owner of the property.

(2) Notification shall be given to the owner of the property

at least twenty days prior to the filing of any municipal claim

or lien to recover delinquent payments, penalties and late fees.

(3) Notification shall be provided by first class mail to

the address of the owner provided to the city of the first class

by the owner and to the billing address of the tenant,

respectively.

(4) Nothing in paragraph (3) shall be construed to require a

city of the first class to terminate service to a tenant.

(5) The owner of the property shall not be liable by lien or

otherwise for service the city of the first class provides to

the tenant ninety or more days after the tenant's bill first

becomes overdue.

Section 2. This act shall take effect in 60 days.

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