19310317ua

(Reenacted and amended Mar. 19, 2014, P.L.52, No.22)

 

AN ACT

 

Relating to cities of the third class; and amending, revising, and consolidating the law relating thereto.

 

Compiler's Note:  Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under Act 317 are transferred to the Department of Community and Economic Development.

19310317uc

 

TABLE OF CONTENTS

 

Sections

101-109

 

 

200-211

 

 

250-255

 

 

301-304

 

 

401-409

 

 

501-580

 

 

(a)  Annexation of Boroughs, Townships and Parts of Townships (Repealed)

501-506

(b)  Annexation of Outlying Lots in a Township (Repealed)

515-518

(c)  Annexation of Part of a Borough (Repealed)

525-526

(d)  Indebtedness and Public Property when Borough or Township is Annexed (Repealed)

535-536

(e)  Apportionment of Indebtedness when Part of a Township or Outlying Lots are Annexed (Repealed)

540-545

(f)  Apportionment of Indebtedness when Part of a Borough is Annexed (Repealed)

550-551

(g)  Wards (Repealed)

560

(h)  Annexation of Property Owned by a City (Repealed)

561-562

(i)  Terms and Salaries of Officials and Employes of Annexed Territory (Repealed)

570

(j)  Ordinances (Repealed)

580

 

 

601-606

 

 

701-704

 

 

801-802

 

 

901-918

 

 

1001-1064

 

 

(a)  General Provisions

1001-1018

(a.1)  Ordinances

1018.1-1018.17

(b)  Initiating Ordinances by Electors

1030-1041

(c)  Reconsidering Ordinances by Electors

1050-1064

 

 

1101-1105

 

 

1201-1209

 

 

1201-A-1205-A

 

 

1301-1303

 

 

1401-1408

 

 

1501-1538

 

 

(a)  General Provisions (Repealed)

1501-1505

(b)  Real Estate Registry (Repealed)

1515-1521

(c)  Topographical Survey (Repealed)

1530-1538

 

 

1601-1610

 

 

1701-1709

 

 

(a)  City Controller

1701-1704.3

(b)  Independent Auditor

1704.11-1709

 

 

1801-1814

 

 

1901-1919

 

 

2001-2010

 

 

2101-2109

 

 

2201-2209

 

 

2301-2340

 

 

(a)  Board of Health

2301-2311

(b)  Public Nuisances Detrimental to Public Health

2320-2324

(c)  Corporations Acting as Boards of Health

2330-2338

(d)  Penalty

2340

 

 

2401-2447

 

 

2501-2562

 

 

(a)  Assessments of Property for Taxation

2501-2522

(b)  Levy and Collection

2531-2538

(c)  Sales of Real Estate for Delinquent Taxes

2541-2552.1

(d)  City Sales of Real Estate Purchased from Tax Claim Bureau (Repealed)

2560-2562

 

 

2601-2654

 

 

(a)  General Powers to License (Repealed)

2601-2605

(b)  Restrictions (Repealed)

2610-2612

(c)  Transient Retail Merchants (Repealed)

2620-2622

(d)  Public Dances and Dance Halls (Repealed)

2630-2640

(e)  Parking Lots for Profit (Repealed)

2650-2654

 

 

2701-2704

 

 

2701-A-2712-A

 

 

2801-2851

 

 

2901-2990

 

 

(a)  Plans and Location (Repealed)

2901-2906

(b)  Opening, Widening, Extending, Straightening and Vacating (Repealed)

2915-2922

(c)  Grading, Paving, Macadamizing, Et Cetera (Repealed)

2930-2939

(d)  Grade Crossings (Repealed)

2950-2951

(e)  Acquisition of Unobstructed View Across Lands (Repealed)

2955

(f)  Use of Abutting Lands (Repealed)

2960

(g)  Abandoned Turnpikes (Repealed)

2963

(h)  Unlawful Assessments (Repealed)

2965

(i)  Streets or Roads Connecting City with Highways (Repealed)

2970

(j)  Detours (Repealed)

2975-2979

(k)  Boundary Streets (Repealed)

2985-2990

 

 

3001-3004

 

 

3101-3135

 

 

(a)  Construction and Maintenance (Repealed)

3101-3103

(b)  Joint Construction and Maintenance (Repealed)

3110-3115

(c)  Acquisition of Existing Bridges (Repealed)

3120-3121

(d)  Acquisition of Toll-Bridges (Repealed)

3130-3135

 

 

3201-3270

 

 

(a)  Construction (Repealed)

3201-3215

(b)  Acquisition of Existing Sewers (Repealed)

3220-3222.1

(c)  Construction of Sewers Outside Cartway and Curb Lines (Repealed)

3230-3231

(d)  Joint Sewers (Repealed)

3240-3245.1

(e)  Power to Furnish Sewerage Facilities Outside of City (Repealed)

3250

(f)  Non-debt Revenue Sewer Bonds (Repealed)

3260

(g)  Non-debt Revenue Sewer Capital Improvement Bonds (Repealed)

3270

 

 

3301-3315

 

 

(a)  Street and Sewer Improvements (Repealed)

3301-3302

(b)  Street Improvements (Repealed)

3310-3315

 

 

3401-3409

 

 

3501-3590

 

 

(a)  Water Supply

3501-3572

(1)  General Provisions

3501-3501.1

(2)  Acquisition by Eminent Domain

3505-3507

(3)  Acquisition by Purchase after Appraisement

3515-3521

(4)  Acquisition of Competing Water Companies by Cities

3530-3532

(5)  Power to Furnish Water to Consumers outside City

3540-3540.1

(6)  Power to Lease Water-Works

3550-3553

(7)  Condemnation of Lands for Road Purposes and to Prevent Contamination

3560-3564

(8)  Miscellaneous Provisions

3570-3572

(b)  Power and Light

3575-3576

(c)  Water and Lighting Commission

3580-3590

 

 

3601-3612

 

 

3701-3721

 

 

3801-3838

 

 

(a)  Shade Trees (Repealed)

3801-3810

(b)  Memorial Trees (Repealed)

3820-3821

(c)  Forests (Repealed)

3830-3838

 

 

3901-3905

 

 

4001-4006

 

 

4101-4143

 

 

(a)  The Zoning Ordinances (Repealed)

4101-4107

(b)  Procedure for Adoption of Zoning Ordinance (Repealed)

4110-4114

(c)  Board of Adjustment (Repealed)

4120-4129

(d)  Building, Housing, Property, Maintenance, Fire Prevention, Plumbing and Electrical Ordinances (Repealed)

4130-4133

(e)  Abatement of Public Nuisances (Repealed)

4140-4143

 

 

4101-A-4105-A

 

 

4201-4205

 

 

4301-4361

 

 

(a)  Police

4301-4309

(b)  Firefighters

4320-4328

(c)  Pension Funds for Employes Other Than Police Officers and City-Paid Firefighters

4340-4353

(d)  Beneficiaries Serving in Elective Office

4361

 

 

4401-4410

 

 

4401-A-4424-A

 

 

(a)  Support of Veterans' Organizations

4401-A-4402-A

(b)  Pennsylvania National Guard

4411-A-4414-A

(c)  Burials and Memorials

4421-A-4424-A

 

 

4501-4505

 

 

4501-A-4508-A

 

 

4601-4604

 

 

4701

 

19310317u1s

 

Section 1.  Be it enacted, &c., That the laws relating to cities of the third class be and the same are hereby reenacted, amended, revised, and consolidated, as follows:

19310317u101h

 

ARTICLE I

PRELIMINARY PROVISIONS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u101s

Section 101.  Short Title.--This act shall be known and may be cited as "The Third Class City Code."

(101 amended Mar. 19, 2014, P.L.52, No.22)

19310317u102s

Section 102.  Definitions.--The following words and terms, as used in this act, shall have the meanings herein assigned to them, unless the context clearly indicates otherwise:

"Bill."  Any proposed ordinance introduced in council.

"City."  A city of the third class.

"Highway."  A State highway of the Commonwealth.

"Home Rule Charter and Optional Plans Law."  The provisions of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government) and, where applicable, the former act of April 13, 1972 (P.L.184, No.62), known as the "Home Rule Charter and Optional Plans Law."

"Municipal authority" or "municipality authority."  A body politic and corporate created under 53 Pa.C.S. Ch. 56 (relating to municipal authorities), under the former act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," or under the former act of June 28, 1935 (P.L.463, No.191), known as the "Municipality Authorities Act of one thousand nine hundred and thirty-five."

"Municipal Claim and Tax Lien Law."  The act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law.

"Municipal corporation."  A city, borough, incorporated town or township.

"Municipalities Planning Code."  The act of July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania Municipalities Planning Code."

"Municipality."  A county, city, borough, incorporated town or township.

"Pennsylvania Construction Code Act."  The act of November 10, 1999 (P.L.491, No.45), known as the "Pennsylvania Construction Code Act."

"Pennsylvania Election Code."  The act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."

"Street."  Any street, avenue, boulevard, parkway, road, lane, court, alley or public square within the city, and any highway within the city to the extent that the city is legally responsible for it, pursuant to agreement or otherwise.

(102 amended Mar. 19, 2014, P.L.52, No.22)

19310317u103s

Section 103.  Excluded Provisions.--This act shall not be construed to repeal any acts relating to:

(a)  The collection of municipal and tax claims by liens;

(b)  The method of incurring and increasing city indebtedness;

(c)  Conduct of elections;

(d)  Public schools, except the collection of school taxes by the city treasurer;

(e)  (Reserved);

(f)  Constables;

(g)  The giving of municipal consent to public utilities;

(h)  Weights and measures;

(i)  Validations of elections, bonds, ordinances, and acts of corporate officers;

(j)  Joint city and county buildings;

(k)  Libraries;

(l)  State highways;

(m)  The joint or several authorities or duties pertaining to cities as well as to other classes of political subdivisions by virtue of general acts of Assembly.

(103 amended Mar. 19, 2014, P.L.52, No.22)

19310317u104s

Section 104.  Construction of Act Generally to Preserve Existing Situations.--(a)  The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this act of any act of Assembly, or part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded, nor affect the corporate existence of any city heretofore incorporated. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of such repealed laws. All ordinances, resolutions, regulations and rules made pursuant to any act of Assembly repealed by this act shall continue with the same force and effect as if such act had not been repealed. Any person holding office or position under or by virtue of any act of Assembly repealed by this act shall continue to hold such office or position until the expiration of the term thereof, subject to the conditions and tenure attached to such office or position prior to the passage of this act.

(b)  A city shall possess, and city council and other city officials may execute, the corporate powers and duties as provided in this act and in other laws to the extent that these powers and duties are not repealed by this act.

(104 amended Mar. 19, 2014, P.L.52, No.22)

19310317u105s

Section 105.  Constitutional Construction.--The provisions of this act shall be severable. If any of its provisions shall be held to be unconstitutional, the decision so holding shall not be construed to affect the validity of any of the remaining provisions of this act. It is hereby declared as the legislative intent that this act would have been adopted had such unconstitutional provisions not been included therein.

(105 amended Mar. 19, 2014, P.L.52, No.22)

19310317u106s

Section 106.  Construction of References.--Whenever in this act reference is made to any act by title or otherwise, the reference shall be construed to apply to and include any codification wherein the provisions of the act referred to are substantially reenacted.

(106 amended Mar. 19, 2014, P.L.52, No.22)

19310317u107s

Section 107.  Cities to Which Act Applies.--(a)  This act shall apply to:

(1)  All cities which have been incorporated under or which have accepted the provisions of the act of May 23, 1874 (P.L.230, No.152), entitled "An act dividing cities of this State into three classes; regulating the passage of ordinances; providing for contracts for supplies and work for said cities; authorizing the increase of indebtedness, and the creation of a sinking fund to redeem the same; defining and punishing certain offenses in all of said cities; and providing for the incorporation and government of the cities of the third class."

(2)  All cities which have been incorporated under the provisions of the act of May 23, 1889 (P.L.277, No.247), entitled "An act providing for the incorporation and government of cities of the third class."

(3)  All cities which have been incorporated under the provisions of the act of June 27, 1913 (P.L.568, No.367), entitled "An act providing for the incorporation, regulation, and government of cities of the third class; regulating nomination and election of municipal officers therein; and repealing, consolidating, and extending existing laws in relation thereto."

(4)  All cities formed by the consolidation of boroughs having voted separately to become cities in accordance with the provisions of the act of May 24, 1917 (P.L.262, No.143), entitled "An act to enable two or more boroughs that are contiguous or in close proximity to be united and to become one city, wherever each of said boroughs shall have heretofore voted or shall hereafter vote to become a city of the third class, under laws now enacted or which may hereafter be enacted; and wherever each of said boroughs has duly received or shall hereafter duly receive letters patent constituting it a city of the third class, but where sufficient time shall not have elapsed after the granting of such letters patent for the holding of a municipal election; providing for the consequences of such consolidation, the government of such consolidated city, the payment of the indebtedness of each of the united territories and the enforcement of debts and claims due to and from each, and fixing the jurisdiction over the said consolidated city in the courts of the county in which the majority of its inhabitants shall reside."

(5)  All cities incorporated under the provisions of this act.

(b)  This act shall not be construed as a limitation on the ability of a city to do any of the following:

(1)  To continue operating under the form of government previously selected and exercising powers previously acquired by the city in accordance with the act of July 15, 1957 (P.L.901, No.399), known as the "Optional Third Class City Charter Law."

(2)  To adopt or continue utilizing a form of government and to acquire or continue exercising powers pursuant to an optional plan or a home rule charter which has been or may be adopted in accordance with the Home Rule Charter and Optional Plans Law.

(107 amended Mar. 19, 2014, P.L.52, No.22)

19310317u108s

Section 108.  Effective Date.--This act shall go into effect on the first day of July, one thousand nine hundred and thirty-one.

(108 amended Mar. 19, 2014, P.L.52, No.22)

19310317u109s

Section 109.  Publication of Notices.--Whenever, under the provisions of this act, advertisement, notice or publication is required to be published in a newspaper, the publication shall be made one time, unless the provision requiring publication specifies otherwise, in at least one newspaper of general circulation, as defined in 45 Pa.C.S. § 101 (relating to definitions), published in the city, if there is such a newspaper, and if not, then in a newspaper of general circulation in the city. If such notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, defined as aforesaid, published, if there be such a newspaper, or circulating generally as above provided in the city. When the notice relates to any proceeding or matter in any court, or the holding of an election for the increase of indebtedness, or the issue and sale of bonds to be paid by taxation, the notice shall also be published in the legal newspaper, if any, designated by the rules of court of the proper county for the publication of legal notices and advertisements, unless such publication be dispensed with by special order of court: Provided, however, That ordinances, auditor's statements, summaries of auditor's statements, advertisements inviting proposals for public contracts and for bids for materials and supplies or lists of delinquent taxpayers shall be published only in newspapers of general circulation, defined as aforesaid.

(109 amended Mar. 19, 2014, P.L.52, No.22)

19310317u200h

 

ARTICLE II

PROCEDURES FOR INCORPORATION

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  Section 2 of Act 90 of 1994 provided that Article II is repealed insofar as it is inconsistent with Act 90. Provisions for merger and consolidation of municipalities are now found in 53 Pa.C.S. Ch.7 Subch.C (relating to consolidation and merger).

 

19310317u200s

Section 200.  Definitions.--The following words and terms, as used in this article, shall have the meanings assigned to them in this section, unless the context clearly indicates otherwise:

"Incorporation resolution."  A resolution to submit, at any general or municipal election, a referendum question to the registered voters of a municipal corporation.

"Municipal corporation."  A borough, a township of the first class, a township of the second class or an incorporated town.

"Referendum question."  The question of whether a municipal corporation shall become incorporated as a city of the third class to be known as the "City of ........................."

(200 added Mar. 19, 2014, P.L.52, No.22)

19310317u201s

Section 201.  Creation of Cities.--Cities of the third class shall be chartered as follows:

(1)  A single municipal corporation having a population of at least ten thousand according to the last preceding United States census may be incorporated as a city in accordance with this article if a majority of the registered voters in the municipal corporation cast an affirmative vote in favor of the referendum question.

(2)  Two or more contiguous municipal corporations having together a population of at least ten thousand according to the last preceding United States census may be incorporated as a city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger) and, in accordance therewith, determine whether the newly incorporated city shall be governed by this act and other general laws applicable to and governing cities.

(201 amended Mar. 19, 2014, P.L.52, No.22)

19310317u202s

Section 202.  Resolution to Submit Question to Electors.--(202 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u203s

Section 203.  Notice of Election.--(203 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u203.1s

Section 203.1.  Incorporating Resolution.--(a)  The governing body of a municipal corporation may adopt an incorporation resolution.

(b)  If two hundred or more registered voters of the municipal corporation petition the governing body of the municipal corporation for the adoption of a petition resolution, the governing body shall adopt the same.

(203.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u204s

Section 204.  Resolution Certified to County Board of Election; Form of Question.--The governing body of a municipal corporation that adopts an incorporation resolution shall certify the incorporation resolution to the county board of elections of the proper county or counties. The county board of elections shall, at the general or municipal election, in the manner required by the Pennsylvania Election Code, submit a referendum question to the registered voters of the municipal corporation that has certified an incorporation resolution.

(204 amended Mar. 19, 2014, P.L.52, No.22)

19310317u204.1s

Section 204.1.  Notice of Election.--Notice of the election at which registered voters of a municipal corporation will be voting on a referendum question shall be given by the secretary or other person designated by the municipal corporation. The notice required by this section shall be published once a week for four successive weeks in a newspaper of general circulation in the municipal corporation in which the referendum question will be submitted to the registered voters.

(204.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u205s

Section 205.  Returns of Election.--(a)  In each county in which a referendum question is submitted to the registered voters of a municipal corporation, the county board of elections shall make return of the vote cast on the referendum question to the clerk of the court for that county and to the governing body of the municipal corporation in which registered voters voted on a referendum question.

(b)  The county board of elections also shall make returns of the vote cast on the referendum to the Secretary of the Commonwealth and the Department of Community and Economic Development if a majority of the votes cast by the registered voters of the municipal corporation are in favor of incorporating as a city.

(205 amended Mar. 19, 2014, P.L.52, No.22)

19310317u205v

 

Compiler's Note:  The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.

19310317u206s

Section 206.  Effect of Vote Against Incorporating as City.--If the returns show that a majority of registered voters in a municipal corporation voted "no" on the referendum question, no further proceeding shall be had, and it shall not be lawful to hold another election upon the referendum question in the municipal corporation until the third general or municipal election thereafter occurring.

(206 amended Mar. 19, 2014, P.L.52, No.22)

19310317u207s

Section 207.  Governor to Issue Letters Patent; Boundaries.--If the returns show that a majority of registered voters in a municipal corporation voted "yes" on the referendum question, the governing body of the municipal corporation shall, within sixty days after the election, furnish to the Secretary of the Commonwealth the necessary information with respect to the boundaries of the new city, and the Governor shall, as soon as may be, issue letters patent, under the Great Seal of the Commonwealth, reciting the facts, defining the boundaries of the city, and constituting the same a body corporate and politic by the name of the City of.........................

(207 amended Mar. 19, 2014, P.L.52, No.22)

19310317u208s

Section 208.  Property of Entities Vested in City.--All of the property and estates whatsoever, real and personal, of the municipal corporations which shall have become a city in accordance with this article are hereby severally and respectively vested in the corporation or body politic of the city for the use and benefit of the citizens thereof.

(208 amended Mar. 19, 2014, P.L.52, No.22)

19310317u209s

Section 209.  Existing Governments Temporarily Preserved; City Organization.--(a)  The government of the municipal corporation shall continue in full force and operation until the first Monday of January next succeeding the municipal election provided for in section 702, at which time the officers of the city chosen at the municipal election shall enter upon their respective terms of service, and the city government shall be duly organized under this act.

(b)  Whenever, in the organization of the city government of any newly incorporated city, any person is appointed by council to any office for which this act provides a definite term and fixes a definite time for the election of persons thereto, the person so appointed shall serve only for such time as intervenes between the person's appointment and the day fixed by this act for the regular election or appointment of such officer for a full term.

(209 amended Mar. 19, 2014, P.L.52, No.22)

19310317u210s

Section 210.  Existing Liabilities, Debts and Claims Transferred to New City.--If a municipal corporation is incorporated as a city in accordance with this article, the following shall apply:

(1)  All suits, prosecutions, debts and claims, whatsoever, shall become transferred to the newly incorporated city.

(2)  All pending suits involving the municipal corporation shall be under the management and control of the newly incorporated city which shall be substituted as a party therein.

(3)  All valid claims and demands of whatsoever nature, whether payable presently or in the future, existing against the municipal corporation shall be enforceable against the city.

(4)  The bonds and floating indebtedness, and the interest thereon, existing at the time a municipal corporation became incorporated as a city in accordance with this article shall be paid by the newly incorporated city, so that the taxes shall be uniform throughout the territorial limits of the whole city.

(210 amended Mar. 19, 2014, P.L.52, No.22)

19310317u211s

Section 211.  Jurisdiction of Courts Where City Situate in More Than One County.--(211 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u250h

 

ARTICLE II-A

ALTERNATIVE PROCEDURE FOR INCORPORATION

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u250s

Section 250.  Appointment of Charter Commission.--(250 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u251s

Section 251.  Powers and Duties of Charter Commission.--(251 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u252s

Section 252.  Election on the Question.--(252 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u253s

Section 253.  Return of Election; Effect of Vote.--(253 repealed Mar. 29, 2014, P.L.52, No.22)

19310317u254s

Section 254.  Proceedings are Additional.--(254 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u255s

Section 255.  Abandonment of Optional Form of Government.--(255 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u301h

 

ARTICLE III

CHANGE OF CORPORATE TITLE

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u301s

Section 301.  Resolution and Petition to Change Corporate Title.--City council may initiate proceedings to change the corporate title of a city by doing each of the following:

(1)  Adopting a resolution proposing to make the change in the corporate title of a city.

(2)  Presenting to the court of common pleas of the county in which the city is located a petition, along with a certified copy of the resolution, requesting the change in the corporate title of the city.

(301 amended Mar. 19, 2014, P.L.52, No.22)

19310317u302s

Section 302.  Hearing; Decree.--(a)  Upon the presentation to the court of the petition and resolution in accordance with section 301, the court shall fix a day for a hearing on the question of the change in the corporate title of the city and shall direct that notice of the hearing be published once a week for three weeks in a newspaper of general circulation.

(b)  At the hearing, the court shall permit any resident of the city to give testimony either in support of or opposition to the change of the corporate title of the city.

(c)  After hearing testimony, the court shall either order and decree changing the corporate title of the city in accordance with the petition and resolution of council or dismiss the petition.

(302 amended Mar. 19, 2014, P.L.52, No.22)

19310317u303s

Section 303.  Recording Decree.--A change in the corporate title of a city that is ordered and decreed in accordance with section 302(c) shall not become effective until a certified copy of the decree of court is filed in the office of the Secretary of the Commonwealth and is recorded in the office of the recorder of deeds of the county in which the city is located.

(303 amended Mar. 19, 2014, P.L.52, No.22)

19310317u304s

Section 304.  Existing Rights and Liabilities Preserved.--No change in the corporate title of any city shall in any way affect any liabilities incurred, rights accrued or vested, obligations issued or contracted, or any suits or prosecutions pending or instituted to enforce any right or penalty accrued or punish any offense committed prior to the change.

(304 amended Mar. 19, 2014, P.L.52, No.22)

19310317u401h

 

ARTICLE IV

CREATION AND DIVISION OF WARDS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  The act of December 13, 1974 (P.L.947, No.312), known as the Municipal Reapportionment Act, which repealed sections 401 through 408 insofar as inconsistent with Act 312, was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in 53 Pa.C.S. Ch.9 (relating to municipal reapportionment).

 

19310317u401s

Section 401.  General Power of Council in Creation or Division of Wards.--(a)  In addition to reapportionment of wards pursuant to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of Article IX of the Constitution of Pennsylvania, council may, with or without a petition as provided in section 401.1 and subject to approval by the registered voters as provided in section 407, create new wards, divide a ward or wards or detach part of a ward and attach to another ward, in accordance with this article.

(b)  No new ward shall contain less than three hundred registered voters according to the last general or municipal election.

(c)  All wards in the city shall be numbered and composed of compact and contiguous territory as nearly equal in population as practicable and as officially and finally reported in the most recent Federal census, decennial or special.

(401 amended Mar. 19, 2014, P.L.52, No.22)

19310317u401v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 401 is repealed insofar as it is inconsistent with Act 312.

19310317u401.1s

Section 401.1.  Petition of Registered Voters.--(a)  Registered voters may petition council to initiate proceedings under section 401 to create new wards, divide a ward or wards, or detach part of a ward and attach to another ward as follows:

(1)  One hundred registered voters may petition council to create or divide a ward if, in the case of a petition proposing to create a ward, the petitioners reside in the portion of the city which the petition proposes to create as a ward, or in the case of a petition to divide a ward, the petitioners reside in the ward which the petition proposes to divide.

(2)  Twenty-five registered voters may petition to detach part of one ward and attach the detached part to another ward if the petitioners reside in the part of the ward that is proposed to be detached.

(b)  Council shall, by motion approved by a majority of council and within ninety days of presentment of the petition, determine whether to initiate proceedings under section 401. If the motion is in favor of initiating proceedings, council shall appoint a commission in accordance with section 403.

(c)  In the event that council has not approved a motion within ninety days after the presentment of a petition under subsection (a), any ten registered voters may petition the court of common pleas and contest the existing apportionment as violating section 401. The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest).

(401.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u402s

Section 402.  (Reserved).

(402 amended Mar. 19, 2014, P.L.52, No.22)

19310317u403s

Section 403.  Appointment of Commission.--(a)  If council initiates proceedings pursuant to section 401, whether on its own volition or pursuant to the petition of registered voters, it shall appoint five impartial registered voters who are residents of the city as commissioners, to make a report and recommendation concerning the necessity, desirability and feasibility of proposed wards.

(b)  Except as provided in subsection (c), commissioners shall not be residents of the wards to be affected by the petition.

(c)  In cities having not more than three wards, commissioners appointed under subsection (a) shall be selected from the city at large and may be residents of the ward or wards to be affected thereby.

(403 amended Mar. 19, 2014, P.L.52, No.22)

19310317u403v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 403 is repealed insofar as it is inconsistent with Act 312.

19310317u403.1s

Section 403.1.  Expenses of Commissioners.--Council shall make appropriations for the reasonable expenses of the commissioners incurred for their services pursuant to this article. Each commissioner shall submit to the city controller for approval an itemized account of the commissioner's expenses to be paid under the authority of this section.

(403.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u403.2s

Section 403.2.  Report.--(a)  Commissioners appointed by council in accordance with section 403(a) shall examine the premises and prepare a report which shall include a draft of all wards affected by the proposed creation, division or detachment, showing the division or change thereof, or showing the lines of wards as any separation and attachment will affect them, as the case may be, and showing clearly the population contained within the affected wards using figures officially and finally reported in the most recent Federal census, decennial or special. The report, upon completion, shall be submitted to council and shall include a recommendation reflecting the decision of a majority of its members concerning the proposed creation, division or detachment of a ward or wards.

(b)  Consistent with the standards applied in municipal reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to reapportionment by governing body), no report shall recommend the creation, division or detachment of a ward or wards unless the result of implementing the report and recommendation would be that each ward in the city is composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal census, decennial or special.

(c)  Upon receipt of the report, council shall, by motion, determine whether to submit the question of the proposed creation, division or detachment of a ward or wards as provided in the report to the registered voters of the city in accordance with section 404.

(403.2 added Mar. 19, 2014, P.L.52, No.22)

19310317u404s

Section 404.  Election.--(a)  If, based upon the report in section 403.2, council decides to proceed, it shall certify to the county board of elections the question of the creation, division or detachment of the ward or wards to be submitted to the registered voters of the ward or wards or parts thereof which are the subject of the report, at the general or municipal election occurring not less than ninety days after the report was approved by council.

(b)  The county board of elections shall cause the question of approving the creation, division or detachment of a ward or wards to be placed on the ballot in the ward or wards or parts that will be affected thereby, at the appropriate election in the manner provided by the Pennsylvania Election Code.

(404 amended Mar. 19, 2014, P.L.52, No.22)

19310317u404v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 404 is repealed insofar as it is inconsistent with Act 312.

19310317u405s

Section 405.  Notice of Election; Review of Report.--(a)  The city shall publish a notice of election in a newspaper of general circulation at least fifteen days prior to the date that the question of approving the creation, division or detachment of a ward or wards is to be presented at the specified general or municipal election.

(b)  The election notice shall contain a statement of the issue to be submitted to the registered voters at the election, including the ward, wards or parts thereof to be affected, and the date upon which the election is to be held. The notice shall reference the report and specify that it is available for review and copying as a public record pursuant to the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(405 amended Mar. 19, 2014, P.L.52, No.22)

19310317u405v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 405 is repealed insofar as it is inconsistent with Act 312.

19310317u406s

Section 406.  Election Laws to Apply.--All matters relating to the election at which the question of approving the creation, division or detachment of a ward or wards is to be presented to the voters shall be governed by the applicable provisions of the Pennsylvania Election Code.

(406 amended Mar. 19, 2014, P.L.52, No.22)

19310317u406v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 406 is repealed insofar as it is inconsistent with Act 312.

19310317u407s

Section 407.  Computing Vote; Return; Resubmission of Question.--(a)  The county board of elections shall tabulate and publish the results of the referendum in a newspaper of general circulation within thirty days of the election. A certified copy of the results shall be placed on record among the minutes of council.

(b)  If a majority voted in favor of creating or dividing a ward or wards, or the detachment of a part of a ward to be attached to another, council shall proceed to create or divide a ward or wards or detach a part of a ward to be attached to another, in accordance with the report, and shall number the new wards when necessary.

(c)  If a majority voted against creating or dividing a ward or wards, or the detachment of a part of a ward to be attached to another, no further action shall be had upon the question, nor shall any new petition on the same question be resubmitted until two years from the date of the election.

(407 amended Mar. 19, 2014, P.L.52, No.22)

19310317u407v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 407 is repealed insofar as it is inconsistent with Act 312.

19310317u408s

Section 408.  Change of Ward Lines by Council.--Whenever it shall appear to council in proceedings for the division of any ward, or the creation of new wards, that any of the boundaries or divisions thereof are uncertain for any cause, council shall determine the relocation of the line to conform as nearly as possible to the boundary lines which may have been previously determined upon so long as the result is that each ward in the city is composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal census, decennial or special.

(408 amended Mar. 19, 2014, P.L.52, No.22)

19310317u408v

 

Compiler's Note:  Section 9 of Act 312 of 1974 provided that section 408 is repealed insofar as it is inconsistent with Act 312.

19310317u409s

Section 409.  Pennsylvania Election Code.--Nothing in this article shall be construed as affecting the powers and duties of the court of common pleas or the county board of elections and restrictions on alteration of election districts as provided in Article V of the Pennsylvania Election Code.

(409 added Mar. 19, 2014, P.L.52, No.22)

19310317u501h

 

ARTICLE V

ANNEXATION OF TERRITORY

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

(a)  Annexation of Boroughs, Townships and Parts

of Townships

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  Section 10 of Act 588 of 1937 provided that Article V is repealed insofar as it relates to the annexation of a township of the first class, or a part thereof, to a city or a borough.

 

19310317u501s

Section 501.  Petition for Annexation of Boroughs or Townships and Parts of Townships.--(501 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u502s

Section 502.  Advertisement; Plots.--(502 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u503s

Section 503.  Ordinance of City; Filing Copy Thereof.--(503 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u504s

Section 504.  Conclusiveness of Ordinance; Referendum; Appeal.--(504 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u505s

Section 505.  Hearing an Appeal; Notice; Appeal from Final Order.--(505 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u506s

Section 506.  Petition for Annexation of Boroughs Having Ten Thousand or More Inhabitants.--(506 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u515h

 

(b)  Annexation of Outlying Lots in a Township

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u515s

Section 515.  Annexation of Outlying Lots; Appointment of Viewers.--(515 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u516s

Section 516.  Notice of View; Report; Decree.--(516 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u517s

Section 517.  Appeal; Hearing; Notice; Decree.--(517 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u518s

Section 518.  Compensation of Viewers.--(518 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u525h

 

(c)  Annexation of Part of a Borough

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u525s

Section 525.  Petition for Annexation of Territory in a Borough; Ordinance of City.--(525 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u526s

Section 526.  Filing of Plans.--(526 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u535h

 

(d)  Indebtedness and Public Property when Borough or

Township is Annexed

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u535s

Section 535.  Apportionment of Indebtedness of Borough or Township; Taxes to be Uniform.--(535 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u536s

Section 536.  Property of Annexed Territory to Become Property of City.--(536 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u540h

 

(e)  Apportionment of Indebtedness when Part of a Township

or Outlying Lots are Annexed

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u540s

Section 540.  Adjustment of Indebtedness when Part of Township is Annexed.--(540 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u541s

Section 541.  Appointment of Commission; Contents of Report.--(541 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u542s

Section 542.  Notice of Filing of Report; Exceptions; Confirmation.--(542 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u543s

Section 543.  Compensation of Commissioners; Costs.--(543 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u544s

Section 544.  Disposition of Exceptions; Appeal.--(544 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u545s

Section 545.  Jurisdiction when Territory is in Two or More Counties.--(545 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u550h

 

(f)  Apportionment of Indebtedness when Part of a

Borough is Annexed

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u550s

Section 550.  Apportionment of Indebtedness; Decree of Court.--(550 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u551s

Section 551.  Collection of Taxes Assessed Prior to Annexation.--(551 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u560h

 

(g)  Wards

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u560s

Section 560.  Distribution of Annexed Territory Among Wards; New Wards; Ward Officers.--(560 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u561h

 

(h)  Annexation of Property Owned by a City

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u561s

Section 561.  (561 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u562s

Section 562.  (562 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u570h

 

(i)  Terms and Salaries of Officials and Employes

of Annexed Territory

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u570s

Section 570.  Annexation Officials and Employes.--(570 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u580h

 

(j)  Ordinances

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u580s

Section 580.  Annexation Ordinances.--(580 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u601h

 

ARTICLE VI

CITY BOUNDARIES

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u601s

Section 601.  Navigable Stream Boundaries.--Whenever any city is bounded by the nearest margin of a navigable stream, and an opposite municipal corporation is also bounded by the nearest margin of the same stream, the boundaries of the city shall extend to the center line of the stream. Nothing contained in this section shall be construed to repeal any local or special law providing otherwise.

(601 amended Mar. 19, 2014, P.L.52, No.22)

19310317u602s

Section 602.  Court to Establish Disputed Boundaries.--(a)  In any case in which a city or any municipal corporation contiguous to the city disputes the boundary between them, the court of common pleas, upon petition of the city or the contiguous municipal corporation, may ascertain and establish the disputed boundary.

(b)  In any dispute involving the boundaries of counties, the provisions of this article shall not supersede the application of the relevant provisions of the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," and the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or any other law applicable to the fixing of county boundaries.

(602 amended Mar. 19, 2014, P.L.52, No.22)

19310317u603s

Section 603.  Petition to Court; Commissioners; Report.--Upon petition in accordance with section 602(a), the court shall appoint three impartial commissioners, who shall have authority to employ a professional engineer or surveyor. After giving notice to interested parties by publication once in at least one newspaper of general circulation, in conformity with section 109, or as directed by the court, the commissioners shall hold a hearing and view the disputed boundaries. A majority of the commissioners shall make its report and recommendations to the court, accompanied by a plot or draft of the lines and boundaries proposed to be ascertained and established if they cannot be fully designated by natural lines or boundaries. Upon the filing of the report, it shall be confirmed nisi, and the court may make further order as it shall deem just and reasonable.

(603 amended Mar. 19, 2014, P.L.52, No.22)

19310317u604s

Section 604.  Exceptions and Procedure.--Exceptions to the report may be filed by any interested person or municipal corporation within thirty days after the filing of the report, and the court shall set a day for the hearing of the exception. Notice of the hearing shall be given as the court may direct. After hearing, the court may sustain the exceptions or dismiss them and confirm the report or refer the report back to the same or new commissioners with authority to make another report. If no exceptions are filed within thirty days after the filing of the report, the court shall confirm the report absolutely. When any report is confirmed absolutely, the court shall enter a decree establishing the lines and boundaries as shown in the report.

(604 amended Mar. 19, 2014, P.L.52, No.22)

19310317u605s

Section 605.  Pay and Expenses of Commissioners.--The commissioners shall each receive reasonable compensation as established by the court and reasonable expenses incurred for surveying services, to be paid equally by the city and any interested municipal corporation.

(605 amended Mar. 19, 2014, P.L.52, No.22)

19310317u606s

Section 606.  Boundary Monuments.--If a boundary, ascertained and established pursuant to this article, cannot be fully described by natural lines, the court shall cause it to be marked with permanent monuments, placed at intervals not exceeding fifteen hundred feet and at the end of any course. The expense of placing these monuments, as approved by the court, shall be borne equally by the city and any interested municipal corporation.

(606 amended Mar. 19, 2014, P.L.52, No.22)

19310317u701h

 

ARTICLE VII

ELECTED OFFICERS AND ELECTIONS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u701s

Section 701.  Elected Officers; Term; Eligible to Reelection; Vacancies Where Elected Officer Fails to Qualify.--(a)  (1)  Except as provided in subsection (c), the elected officers of each city shall be a mayor, four council members, a controller and a treasurer.

(2)  Except as provided in section 702 with respect to the first election of members of council, each elected officer shall serve for a term of four years from the first Monday of January next succeeding the officer's election until the first Monday of January in the fourth year thereafter.

(3)  Any such officer shall be eligible to reelection.

(b)  Any person elected to a city office who fails to qualify in accordance with the provisions of sections 904 and 905 and, as applicable, section 1001, 1201, 1401 or 1701 shall be ineligible to qualify thereafter. A vacancy shall then exist in the office and a person shall be appointed to fill the vacancy in the manner provided by this act.

(c)  In accordance with this subsection, two additional council members may be elected to form a seven-member council comprised of six council members and the mayor, or a city that has opted for a seven-member council may reestablish a five-member council comprised of four council members and the mayor, in accordance with the following:

(1)  Upon petition of at least five per centum of the registered voters of the city or pursuant to a resolution of council, and after approval by a majority of those voting at the next municipal or general election, there shall be elected two additional council members, so that the council shall be comprised of six council members and the mayor.

(2)  The referendum petition or resolution of the council certified by the city clerk shall be filed with the county board of elections not later than the thirteenth Tuesday before the next municipal or general election. The county board of elections shall place the question before the electors as provided by the Pennsylvania Election Code. The form of the question shall be as follows:

Should two additional council members be elected to serve in this city, so that council shall be comprised of six council members and the mayor?

Yes

No

(3)  The county board of elections shall tabulate and publish in a newspaper of general circulation the results of the referendum within thirty days of the election.

(4)  In no event shall the question of additional council members be voted on more than once in any three-year period.

(5)  Terms of newly elected council members shall be as follows:

(i)  At the first municipal election following approval at a general election of the question providing for the election of two additional council members, one of the additional council members shall be elected for a term of four years and one for a term of two years, each to serve from the first Monday of January after the election.

(ii)  At the first general election following approval at a municipal election of the question providing for the election of two additional council members, one of the additional council members shall be elected for a term of three years and one for a term of one year, each to serve from the first Monday of January after the election.

(iii)  After that time, the additional council members shall be elected for terms of four years each to serve from the first Monday of January after the election.

(5.1)  In cities divided into wards, the two new council members elected in accordance with clause (5) shall represent the city at large. No sooner than four years after the election adding two additional council members, the city may change the representation of either or both of the two additional seats from at-large to ward representation in accordance with Article IV or any other law.

(6)  In cities in which the electorate has opted for a seven-member council, comprised of six council members and the mayor, the city shall return to a five-member council, including the mayor, upon petition of at least five per centum of the registered voters of the city or pursuant to a resolution of the council and after approval by a majority of electors voting at the next municipal or general election. The referendum petition or resolution shall be filed with the county board of elections not later than the thirteenth Tuesday before the next municipal or general election. The county board of elections shall place the question before the electors as provided under the Pennsylvania Election Code. The form of the question shall be as follows:

Should this city return to a five-member council, comprised of four council members and the mayor?

Yes

No

(7)  The county board of elections shall tabulate and publish in a newspaper of general circulation the results of the referendum within thirty days of the election. In no event shall the question of reducing the seven-member council be voted on more than once in any five-year period.

(8)  At the first municipal election following approval of the question providing for the return to a five-member council, to be comprised of four council members and the mayor, four council members shall be elected to serve from the first Monday of January after the election, when the terms of the six council members serving on the seven-member council shall cease. The four candidates receiving the highest number of votes for the office of council member shall be elected. The two candidates receiving the first and second highest number of votes shall serve for a term of four years. The two candidates receiving the third and fourth highest number of votes shall serve for a term of two years. After that time, council members shall be elected as provided in subsection (a).

(701 amended Mar. 19, 2014, P.L.52, No.22)

19310317u702s

Section 702.  First Elections in Newly Created Cities.--(a)  At the first municipal election occurring at least ninety days after the date of the letters patent issued by the Governor incorporating the city, the registered voters of the city shall elect city officials as set forth in section 701(a)(1).

(b)  The two candidates for council receiving respectively the highest number of votes at the election shall serve for a term of four years from the first Monday of January next succeeding their election until the first Monday of January in the fourth year thereafter.

(c)  The two candidates for council receiving the next highest number of votes shall serve for a term of two years from the first Monday of January next succeeding their election until the first Monday of January in the second year thereafter.

(702 amended Mar. 19, 2014, P.L.52, No.22)

19310317u703s

Section 703.  Nominations and Elections.--All matters relating to nominations of candidates and election of city officers shall be governed by the applicable provisions of the Pennsylvania Election Code.

(703 carried without amendment Mar. 19, 2014, P.L.52, No.22)

19310317u704s

Section 704.  Certificates of Election.--Upon the election of city officers in accordance with this article, it shall be the duty of the county board of elections to issue, and of the officer-elect to procure, a certificate of election . The officer-elect shall present the certificate of election to council on the date and time fixed by law for its organization. The certificate shall be filed among the city archives, and its presentation shall be noted in the minutes.

(704 amended Mar. 19, 2014, P.L.52, No.22)

19310317u801h

 

ARTICLE VIII

VACANCIES IN OFFICE

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u801s

Section 801.  Vacancies in Council and Office of Mayor.--(a)  Within thirty days of a vacancy in the office of mayor or other member of city council or if an elected mayor or council member has failed to qualify pursuant to section 701 prior to taking office, the council shall, by a majority of its remaining members, appoint a qualified person to fill the vacant office.

(b)  If council does not fill a vacancy within thirty days in accordance with subsection (a) or if vacancies should exist in the offices of a majority or more of the members of the city council, including the position of mayor, the president judge of the court of common pleas having jurisdiction within the city shall fill the vacancy or vacancies upon either the petition of ten or more qualified electors of the city or the petition of a majority of the remaining members of council.

(c)  A person appointed under subsection (a) or (b) shall serve for the lesser of the following periods:

(1)  The remainder of the unexpired term of the office to which the person is appointed.

(2)  Until the first Monday of January after the next municipal election occurring at least thirty days after the vacancy occurred.

(d)  If necessary to fill the unexpired term of the person originally elected to an office that has become vacant, a person shall be elected at the municipal election referred to in subsection (c) to serve from the first Monday of January after that election for the remainder of the unexpired term.

(801 amended Mar. 19, 2014, P.L.52, No.22)

19310317u802s

Section 802.  Vacancy in Office of Controller or of Treasurer.--(a)  Within thirty days after a vacancy occurs in the office of city controller or in the office of city treasurer or if an elected city controller or city treasurer has failed to qualify pursuant to section 701 prior to taking office, the council shall appoint a qualified person to fill the vacant office.

(b)  If council does not fill a vacancy within thirty days in accordance with subsection (a), the president judge of the court of common pleas having jurisdiction within the city shall fill the vacancy upon the petition of ten or more registered voters of the city.

(c)  A person appointed under subsection (a) or (b) shall serve for the lesser of the following periods:

(1)  For the remainder of the unexpired term of the controller or treasurer whose office has become vacant.

(2)  Until the first Monday of January after the next municipal election occurring at least two hundred days after such vacancy occurs.

(d)  If necessary to fill the unexpired term of the controller or treasurer whose office has become vacant, a person shall be elected at the municipal election referred to in subsection (c) to serve from the first Monday of January after that election for the remainder of the unexpired term.

(e)  In any case in which a person is elected or appointed to fill an office for which a bond is required and if, within fourteen days of the date that person is scheduled to take the oath of office at the organizational meeting of council, the person fails to post a bond, the office shall be deemed to be vacant and the resulting vacancy shall be filled in the manner provided by this act.

(802 amended Mar. 19, 2014, P.L.52, No.22)

19310317u901h

 

ARTICLE IX

GENERAL PROVISIONS RELATING TO CITY

OFFICERS AND EMPLOYES

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u901s

Section 901.  Appointment and Removal of Officers and Employes; Removal from Elective Office; Employes Not to Hold Elective Office.--(a)  Council shall have the power of appointment and dismissal of all city officers and employes, other than elected officers, and shall provide for the removal of officers of the city whose offices are established by ordinance, except where otherwise provided by this act.

(b)  In the case of persons holding an elective city office, whether elected thereto or duly appointed to fill a vacancy in the elective office, the following shall apply:

(1)  They shall be removed from office in accordance with the Constitution of Pennsylvania, as follows:

(i)  by impeachment;

(ii)  by the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or

(iii)  upon conviction of misbehavior in office, or of any infamous crime.

(2)  Provisions of this act or other provisions of law requiring a forfeiture of office upon the conviction of a crime shall apply only if the court determines that the conviction is for misbehavior in office or for an infamous crime.

(3)  Nothing in this section shall prevent title to elected city offices from being tried by proceedings of quo warranto as provided by law.

(c)  In the case of persons who are appointees to city offices or positions, other than to elective offices, the following shall apply:

(1)  They may be removed by the appointing power, except as limited by law or the constitution.

(2)  They shall be removed on conviction of misbehavior in office or of any infamous crime.

(d)  Except as otherwise provided by law, a person may not concurrently hold elective city office and be an employe of the same city.

(901 amended Mar. 19, 2014, P.L.52, No.22)

19310317u902s

Section 902.  Officers and Employes; Number; Duties; Compensation.--(a)  Except as otherwise provided by this act, council may prescribe, by ordinance, the number, duties and compensation of the officers and employes of the city.

(b)  With regard to compensation paid to any officer or employe of the city, the following shall apply:

(1)  No payment shall be authorized from the city treasury to any officer or employe of the city unless that officer or employe has been elected or appointed in accordance with law.

(2)  Unless previously authorized by law, no ordinance shall give extra compensation to any officer or employe of the city.

(c)  Any officer drawing or countersigning any document authorizing payment, or passing or paying any voucher contrary to this section, commits a misdemeanor and shall, upon conviction, be subject to forfeiting office in accordance with section 901(b)(2) and sentenced to pay a fine not exceeding five thousand dollars, or to undergo imprisonment not exceeding one year, or both, at the discretion of the court.

(902 amended Mar. 19, 2014, P.L.52, No.22)

19310317u903s

Section 903.  Changes in Salary, Compensation and Emoluments of Officers.--(a)  No city shall increase or diminish the salary, compensation, or emoluments of any elected officer after the officer's election. Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the member of council or other elected official.

(b)  Nothing in subsection (a) shall be construed to limit retirement benefits applicable to all employes and officers.

(903 amended Mar. 19, 2014, P.L.52, No.22)

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Section 904.  Offices to be Held until Qualification of Successors.--Any officer of any city, who has been elected or appointed and has qualified, shall hold office until the officer's successor is elected or appointed and takes the oath of office, provides any necessary bond and takes any other necessary actions required by law to qualify to assume office. Should any elected official fail to appear at the organizational meeting of the city council to demonstrate the official's qualifications for office and to take the oath of office, the official shall fully qualify for office and shall take the oath of office within fourteen days of the date of the organizational meeting of the council or the office of that elected official shall be deemed to be vacant and the vacancy shall be filled in the manner provided by this act. When the terms of office of more than one council at-large member expire and more than one seated council member are to be replaced as the result of an election, and only one of the newly elected council members fails to qualify to assume office, those members whose terms have expired and who are to be replaced shall draw lots to determine which of them shall continue to serve on council until the member's successor duly qualifies for and takes the oath of office. No person continuing to hold office pursuant to this section after the first Monday of January which would have marked the end of the person's term shall participate in the deliberations concerning or in any vote appointing the person's successor.

(904 amended Mar. 19, 2014, P.L.52, No.22)

19310317u905s

Section 905.  Oath of Office; Violation of Oath; Penalty.--(a)  All officers of the city, whether elected or appointed, shall, before entering upon their respective duties, take and subscribe an oath or affirmation of office pursuant to 53 Pa.C.S. § 1141 (relating to form of oaths of office).

(b)  Any person refusing to take the oath shall be deemed not to have met the qualifications to hold office. Any person who violates the person's oath commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine not exceeding one thousand dollars or to undergo imprisonment not exceeding one year, or both, at the discretion of the court, and shall be subject to forfeiting office in accordance with section 901.

(905 amended Mar. 19, 2014, P.L.52, No.22)

19310317u905v

 

Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

19310317u906s

Section 906.  Bond to be Given by Officers and Agents.--In addition to the requirements for bonding that may be imposed by this act or any other law, council may require from all officers and agents of the city, elected or appointed, lawful bonds with corporate sureties for the faithful performance of their duties. No officer or agent required by law or ordinance to give bond, as aforesaid, shall be sworn into office or enter upon the duties thereof until such bond shall have been duly approved by the proper authority.

(906 amended Mar. 19, 2014, P.L.52, No.22)

19310317u907s

Section 907.  Surety Bonds; Insurance; Premiums.--(a)  Unless otherwise provided by this act or any other provision of law, the following shall apply when any elected or appointed officer or employe of any city is required to give a bond:

(1)  The bond shall be for the faithful performance of the duties of the elected or appointed officer or employe.

(2)  The bond shall be endorsed by a surety or other company authorized by law to act as a surety and that is qualified to do business in this Commonwealth.

(3)  The bonds of elected or appointed officers and employes shall be with corporate sureties and not with individual or personal sureties.

(4)  The city shall pay the premium on the bond, unless all or a portion of the premium on the bond is to be paid by the Commonwealth or political subdivisions other than the city, or unless provisions are otherwise made in law for payment of the premium on the bond, in which case the city shall pay the unpaid portion of the premium.

(5)  The bond shall be approved by the city solicitor.

(6)  In addition to any other conditions required by law, the bond shall be in such sum and with such conditions as council may direct.

(b)  Except as may be otherwise provided in section 1402, when any elected or appointed officer or employe of any city is required to give a bond for the faithful performance of the officer's or employe's duties, council may, in lieu of the bond, purchase one or more blanket bonds for elected or appointed officers or employes, or it may purchase insurance provided that the insurance covers the same events of loss and insures the city against the same misconduct as the bond in compliance with this act.

(c)  In addition to any bond required by this act for the faithful performance of official duties by any elected or appointed officer or employe of any city or any insurance in lieu of the bond, council may require city officers or employes who as part of their official duties handle money or have money in their possession at any time to be covered by adequate insurance which provides the types of protection against loss as may be designated by council, which may include, but need not be limited to, protection against loss through robbery, burglary or larceny. The cost of the insurance shall be paid by the city and the amount of the insurance shall be fixed by council.

(907 amended Mar. 19, 2014, P.L.52, No.22)

19310317u908s

Section 908.  Officers not to Become Surety on Bonds Given to City; Penalty.--No member of the council, or any other city officer, shall become surety on any bond or obligation given to the city by any agent or contractor for the faithful performance of any trust, agency, or contract. Any person violating any of the provisions of this section commits a misdemeanor and shall, upon conviction, be subject to forfeiting office in accordance with section 901 and sentenced to pay a fine not exceeding one hundred dollars.

(908 amended Mar. 19, 2014, P.L.52, No.22)

19310317u909s

Section 909.  Moneys and Accounts to be Delivered by Officer to Successor.--Every officer of the city receiving or having in the officer's possession any money, accounts, property, documents or effects belonging to the city shall, upon termination of office, deliver the same to the city or to the officer's qualified successor. Any person violating the provisions of this section shall be subject to prosecution in accordance with the applicable provisions of 18 Pa.C.S. (relating to crimes and offenses). Nothing set forth in this section may limit any other remedies at law or at equity available to the city.

(909 amended Mar. 19, 2014, P.L.52, No.22)

19310317u910s

Section 910.  Receipt of Bribe by Officer or Employe of City; Penalty.--(910 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u911s

Section 911.  Bribery of Officers or Employes; Penalty.--(911 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u912s

Section 912.  City Property not to be Used by Officers for Gain; Penalty.--(912 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u913s

Section 913.  City not to Engage in Private Construction.--(913 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u914s

Section 914.  Warrants or Claims not to be Purchased by Officers; Penalty.--(914 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u915s

Section 915.  Imposition of Penalties.--(915 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u916s

Section 916.  Pennsylvania Municipal League and Other Municipal Affairs Organizations.--Any city may unite with other cities, or with the cities of two or more classes, or with any other municipalities, and may form and organize a league of said cities and municipalities and hold annual conventions for the study and consideration of such municipal affairs as concern and pertain to the cities and municipalities comprising the league. A city that is a member of the league may send delegates thereto and pay the necessary expenses incident to their attending the annual convention, pay dues to the league, appropriate moneys to join and participate in any of the various business and training programs of the league designed to address municipal needs in a cost-efficient manner and provide a fund for the necessary costs and expenses of the league and league conventions and the work carried on by the league. Each delegate shall submit to the city controller for approval an itemized account of the delegate's expenses to be paid under the authority of this section. Council is hereby authorized to appropriate moneys for like support of and participation in other organizations at the national and State level concerned with municipal affairs.

(916 amended Mar. 19, 2014, P.L.52, No.22)

19310317u917s

Section 917.  Powers of Subpoena; Compelling Testimony.--(a)  This section applies to any of the following that are specifically empowered to conduct hearings and investigations:

(1)  an officer or official of the city; or

(2)  a city agency created or authorized to be created by this act.

(b)  The officer, official or city agency referred to in subsection (a) shall have authority, for the purposes of hearings or investigations, to issue subpoenas for the attendance and giving of testimony of witnesses as are subject to the subpoenas of the courts of record of this Commonwealth, and to issue subpoenas duces tecum as to the witnesses.

(c)  In the case of a city agency, the subpoenas shall be issued in the name of the city and of the agency upon the signature of the presiding officer of the city and the official seal, if any, of the agency.

(d)  Subpoenas shall be served by any adult person as directed by the city or city agency, in accordance with the rules of civil procedure, and return of service shall be filed in accordance with law and applicable rules of court.

(e)  Subpoenas issued by any officer or official of the city or any city agency shall be enforced in the same manner, and violations of a subpoena shall be subject to the same penalties as provided by general law for subpoenas of the courts of common pleas of the Commonwealth.

(917 amended Mar. 19, 2014, P.L.52, No.22)

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Section 918.  Consolidation or Integration of Fire and Police Personnel Prohibited.--No city shall consolidate, integrate or in any manner reorganize the paid members of the fire force and the paid members of the police force into one bureau or organization.

(918 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1001h

 

ARTICLE X

THE COUNCIL

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  General Provisions

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u1001s

Section 1001.  Qualifications of Council Members.--(a)  The council members shall be at least eighteen years of age and shall be elected by the electors at large, subject to the creation of wards pursuant to Article IV.

(b)  Council members shall reside in the city from which elected and shall have resided in the city continuously for at least one year before their election. Prior to being sworn into office and as a condition to qualifying for office, each elected council member shall present a signed affidavit to the city clerk that states the person resides in the city, or, in the case of election to a ward office, the ward, from which elected and has resided in the city or ward continuously for at least one year preceding the person's election.

(c)  No officer of the United States or of the Commonwealth of Pennsylvania (except notaries public or officers of the militia), nor any county officer, nor any officer of any school district embraced in the territory of the city, nor any officer or employe of the city, or of any department of the city, shall serve as a council member while continuing to hold the incompatible office or employment, except as hereinafter provided.

(1001 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1002s

Section 1002.  Vesting of Legislative Power.--The legislative power of every city shall be vested in a council composed of the mayor and council members.

(1002 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1003s

Section 1003.  Organization of Council.--On the first Monday of January following the regular municipal election, the members of council shall assemble at the usual place of meeting for the purpose of organizing. If the first Monday is a legal holiday, the meeting shall be held the first day following. The mayor shall be the president of the council, and a member of the council, and shall have the same rights and duties, including the introduction of bills and the making of motions, as pertain to other council members. Unless otherwise provided by ordinance in accordance with section 1101, the vice president of city council shall be the member of city council designated as the director of the department of accounts and finance or, if a member of city council is not the director of that department, the member of council appointed by the council as its vice president.

(1003 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1004s

Section 1004.  Oath of Council Members; Quorum; Rules.--(a)  The members of council shall take the oath of office provided for in section 905.

(b)  A majority of the whole number of members of council shall constitute a quorum, but a smaller number may compel the attendance of absent members, under penalties to be prescribed by ordinance. Only members physically present at a meeting place within the city shall be counted in establishing a quorum.

(c)  The council may, consistent with law, determine and adopt rules for its procedure and conduct of business.

(1004 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1004v

 

Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

19310317u1005s

Section 1005.  Meetings of Council; Notice; Participation by Telecommunication Device.--(a)  The council shall hold stated meetings at least once in each month, and at such other times as may be fixed by ordinance, and continue them so long as the transaction of the public business demands. The mayor, as president of council, may call special meetings of council. A special meeting of council shall be called by the mayor upon the request of two council members in the case of a five-member council or upon the request of three council members in the case of a seven-member council. In addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to open meetings), twenty-four hours' notice of a special meeting shall be given to each member. A special meeting can be a special purpose meeting or a general purpose meeting, as advertised. Notice of a special meeting shall state the nature of the business to be conducted at the meeting.

(b)  Council may provide for the participation of council members in meetings of council by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, provided that:

(1)  A majority of the whole number of members of council are physically present at the advertised meeting place within the city and a quorum is established at the convening or reconvening of the meeting. If, after the convening or reconvening of the meeting, a member has been disqualified from voting as a matter of law but is still physically present, council members participating by telecommunication device in accordance with this section shall be counted to maintain a quorum.

(2)  The telecommunication device used permits the member or members of council not physically present at the meeting to:

(i)  speak to and hear the comments and votes, if any, of the members of council who are physically present as well as other members of council who may not be physically present and who are also using a telecommunication device to participate in the meeting; and

(ii)  speak to and hear the comments of the public who are physically present at the meeting.

(3)  The telecommunication device used permits members of council and the members of the public who are physically present at the meeting to speak to and hear the comments and vote, if any, of the member or members of council who are not physically present at the meeting.

(4)  Council may only authorize participation by telecommunication device for one or more of the following reasons for physical absence:

(i)  illness or disability of the member of council;

(ii)  care for the ill or newborn in the member's immediate family;

(iii)  emergency;

(iv)  family or business travel.

(5)  Nothing in this subsection may be construed to limit the protections and prohibitions contained in any law or regulation relating to the rights of the disabled.

(c)  All meetings of council, whether regular or special, shall be open to the public. The council shall be a continuous body, and it shall be lawful for any council to complete any unfinished business or legislation begun by the preceding council.

(1005 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1006s

Section 1006.  Ordinances; Resolutions; Rules and Regulations; Imposition of Fines.--(1006 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1007s

Section 1007.  Voting; No Veto; Vote Necessary to Pass Ordinance.--(1007 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1008s

Section 1008.  Journal of Proceedings; Recording and Withholding of Vote.--(1008 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1009s

Section 1009.  Disclosures of Interest by Councilman.--(1009 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1010s

Section 1010.  Ordinances and Resolutions; Signing by Mayor and City Clerk.--(1010 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1011s

Section 1011.  Bills; Titles.--(1011 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1012s

Section 1012.  Reading of Bills; Final Passage.--(1012 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1013s

Section 1013.  Payments not Authorized by Law.--(1013 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1014s

Section 1014.  Time of Taking Effect of Ordinances; Publication; Recording; Proof and Evidence; Notice of Building, Housing, Fire Prevention, Electrical, Plumbing and Zoning Ordinances and Other Standard or Nationally Recognized Codes, Maps and Plans.--(1014 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1014.1s

Section 1014.1.  Codification of Ordinances.--(1014.1 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1015s

Section 1015.  Attendance of Witnesses and Production of Books Before Council or Committee of Council.--(a)  The council of any city may compel the attendance of witnesses and the production of books, papers and other evidence at any meeting of the body or any committee of the council. For that purpose, subpoenas may be issued, signed by the mayor or the chairperson of the committee, in any pending case of inquiry or investigation, and the subpoenas may be served and executed in any part of this Commonwealth. Any member of council and the city clerk shall have power to administer oaths to the witnesses. If any witness shall refuse to testify as to any fact within the witness' knowledge, or to produce any books or papers within the witness' possession or under the witness' control required to be used as evidence in the case, the city clerk shall report the facts relating to the refusal to the court of common pleas. All questions arising upon the refusal, and also upon any new evidence not included in the clerk's report (which new evidence may be offered in behalf of or against such witness), shall at once be heard by the court. If the court determines that the testimony or evidence required by the witness is legal and properly competent and ought to be given or produced by the witness, then the court shall make an order commanding the witness to testify or produce books or papers, or both, as the case may be. If the witness shall thereafter, in disobedience of the order of the court, refuse to testify or to produce the books or papers, then the court shall have power to order the commitment of the witness for contempt.

(b)  Any person so called as a witness and examined under oath shall be liable to indictment, conviction and punishment for perjury in the same manner and to the same extent as if the witness had been called and examined before any committee of the Legislature, or in any judicial proceeding before any of the courts of record, in accordance with existing laws. A person outside of the city, subpoenaed under this section, shall be entitled to be reimbursed for mileage to and from the city at the maximum mileage rate periodically established by the United States Internal Revenue Service, and a per diem allowance as established by council for the person's time in the city.

(1015 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1016.  Salaries.--(a)  Council members shall receive for their services during their term of service annual salaries, to be fixed by ordinance, payable in regular installments. Councils may, by the ordinance fixing the salaries, provide for the assessment and retention from the salaries of reasonable fines for absence from regular or special meetings of council or committees of the council.

(b)  As an alternative to the annual salary method for establishing the compensation payable to members of the city council, the council may provide that the members of council will receive compensation on a per-meeting-attended basis, provided that the compensation shall only be payable for duly advertised public meetings in which a council member participated. If council has provided that members of council will receive compensation on a per-meeting basis, council may provide for the forfeiture of up to one-twelfth of the annual compensation of any council member or impose another appropriate penalty for each unexcused absence from regularly scheduled legislative council sessions.

(c)  The salary paid to any council member shall be in accordance with this subsection:

(1)  For the term of city council members in newly created cities, and until changed by ordinance, each council member may receive a salary as follows:

(i)  not more than one thousand eight hundred seventy-five dollars per year in cities having a population of less than five thousand;

(ii)  not more than two thousand five hundred dollars per year in cities having a population of five thousand or more, but less than ten thousand;

(iii)  not more than three thousand two hundred fifty dollars per year in cities having a population of ten thousand or more, but less than fifteen thousand;

(iv)  not more than four thousand one hundred twenty-five dollars per year in cities having a population of fifteen thousand or more, but less than twenty-five thousand;

(v)  not more than four thousand three hundred seventy-five dollars per year in cities having a population of twenty-five thousand or more, but less than thirty-five thousand; and

(vi)  not more than five thousand dollars per year in cities having a population of thirty-five thousand or more.

(2)  The compensation to be received by council members and elected officials in cities other than newly created cities shall be fixed by ordinance of council finally enacted at least two days prior to the last day fixed by law for candidates to withdraw their names from nominating petitions previous to the day of the municipal election.

(1016 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1016.1s

Section 1016.1.  Appointment of City Clerk.--(a)  The council of each city shall appoint a city clerk who shall be an at-will employe with no property interest in the city clerk's position and whose compensation shall be fixed by ordinance.

(b)  Council may by ordinance or resolution prescribe duties of the city clerk in addition to those established by law. The city clerk shall have the power of a notary public to administer oaths in any matter pertaining to the business of the city or in any legal proceeding in which it is interested.

(c)  The records of council shall be in the actual or constructive custody of the city clerk and shall be subject to inspection and copying in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(1016.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u1017s

Section 1017.  Enforcement of Ordinances; Recovery and Payment Over of Fines and Penalties.--(1017 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1018s

Section 1018.  Cost of Maintenance of Prisoners in County Jails.--(1018 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1018.1h

 

(a.1)  Ordinances

((a.1) added Mar. 19, 2014, P.L.52, No.22)

 

19310317u1018.1s

Section 1018.1.  Ordinances and resolutions.

(a)  Ordinances.--With regard to ordinances, the following shall apply:

(1)  The council of every city shall enact ordinances, in accordance with the provisions of this act, as may be necessary to carry out the requirements of this act, and may impose fines and penalties for the violation of the ordinances, recoverable in the manner provided in this act for the recovery of fines and penalties for the violation of city ordinances and subject to limitations as to the amount of the fines and penalties.

(2)  Every legislative act of the council shall be by ordinance, and the legislative acts shall include, but not be limited to, tax ordinances, general appropriation ordinances and all ordinances that exercise the police power of the city; regulate land use, development and subdivision; impose building, plumbing, electrical, property maintenance, housing and similar standards; and otherwise regulate the conduct of persons or entities within the city; and impose penalties for the violation of the ordinances.

(3)  A proposed ordinance may be introduced by any council member, and council may require that the introduction of a proposed ordinance by a council member be by motion.

(b)  Resolutions.--With regard to resolutions, the following shall apply:

(1)  The council of every city shall adopt resolutions in accordance with the provisions of this act.

(2)  The purposes for which resolutions may be adopted shall include, but not be limited to, ceremonial or congratulatory expressions of the good will of the council, statements of public policy of the council, approval of formal agreements of the city, except when the agreements arise under a previously approved purchasing system of the city, approval of the acquisition, disposition and leasing of real property and the approval, when required, of administrative rules and regulations arising under State statutes or city ordinances.

(3)  When eminent domain proceedings are instituted by resolution, notice of the resolution, including a description of the subject properties, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption.

(1018.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.2s

Section 1018.2.  Voting; no veto; vote necessary to enact ordinances or adopt resolutions.

(a)  Voting generally.--Members of council present or participating via a telecommunication device shall vote on all questions coming before the council, except as may be required by the provisions of any public official ethics law which may, from time to time, be applicable to members of city council and except as may be excused by a simple majority vote of the members of council present at any meeting of the council for such cause as they may determine to be appropriate and which cause shall be entered upon the journal.

(b)  Veto.--The mayor shall have no right of veto.

(c)  Majority vote.--Except as otherwise provided in this act, no ordinance may be enacted or resolution adopted by the council without an affirmative vote of a majority of the whole number of the members of council.

(1018.2 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.3s

Section 1018.3.  Journal of proceedings; recording and withholding of vote.

The council shall keep a journal of its proceedings, which shall be in the possession of the city clerk and which shall at all times be open to public inspection. Upon every vote, the yeas and nays shall be called and recorded by the city clerk. An ordinance shall and a resolution may be reduced to writing before the vote is taken on the ordinance or resolution. A member of council shall not withhold the member's vote on any question coming before the council, unless permitted to do so in accordance with section 1018.2(a).

(1018.3 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.4s

Section 1018.4.  Signing and attesting ordinances.

Every legislative act of the council shall be by ordinance, and every ordinance enacted by council shall be signed by the mayor and attested by the city clerk.

(1018.4 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.5s

Section 1018.5.  Proposed ordinances; titles.

All proposed ordinances shall be presented to council in written form as bills and shall be numbered serially for the calendar year. No ordinances, except general appropriation ordinances, may be enacted containing more than one subject, which shall be reasonably identified in its title. No ordinance shall be so altered or amended upon enactment by council as to change the original purpose. The title of an ordinance shall not be considered in the construction or interpretation of the ordinance by a court of competent jurisdiction.

(1018.5 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.6s

Section 1018.6.  Reading of proposed ordinances; final enactment.

(a)  Reading.--The title of every proposed ordinance shall be read at least twice, once when introduced and again before final enactment by council. Amendments or other changes to the proposed ordinance shall be read at length.

(b)  Public availability.--A complete copy of every ordinance introduced shall be available for public inspection at the clerk's office during regular office hours.

(c)  Time frame.--No ordinance shall be finally enacted by council on the same day on which it was introduced, and at least three days shall intervene between its introduction and its final enactment by council.

(d)  Numbering.--Upon enactment, ordinances shall be numbered serially.

(1018.6 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.7s

Section 1018.7.  Payments not authorized by law.

No ordinance may be enacted nor resolution adopted providing for the payment of any money by the city without previous authority of law. Any officer executing a document authorizing payment or passing a voucher for a payment not authorized by law, or making the payment, commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $5,000 and to imprisonment for not more than one year.

(1018.7 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.8s

Section 1018.8.  Time of taking effect of ordinances.

All ordinances, except those pertaining to the subjects set forth in section 1050(b), and unless otherwise provided by law, shall take effect on the tenth day after enactment, upon being signed by the mayor and attested by the city clerk.

(1018.8 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.9s

Section 1018.9.  Publication of proposed ordinances.

(a)  Publication required.--Every proposed ordinance, except as otherwise provided in this act, shall be published in a newspaper of general circulation not more than 60 days nor fewer than seven days prior to enactment.

(b)  Contents.--Except as otherwise provided by law, the publication of a proposed ordinance shall include either the full text or the title and a summary of the ordinance setting forth the provisions in reasonable detail and a reference to a place within the city where copies of the proposed ordinance may be examined. If the full text is not published, the newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the ordinance.

(c)  Readvertisement.--In the event substantial amendments are made in the proposed ordinance, before voting upon enactment, council shall within ten days readvertise in one newspaper of general circulation a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

(1018.9 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.10s

Section 1018.10.  Filing of proposed ordinances.

(a)  Place of filing.--If the full text is not published, an attested copy of the proposed ordinance shall be filed when the summary of the ordinance is published in the county law library or other county office designated by the county commissioners who may impose a fee no greater than that necessary to cover the actual costs of storing the proposed ordinances. Filing with the county may be completed by the submission of an electronic copy of the ordinance through a method available, in the sole discretion of the county, to permit receipt by the office storing municipal ordinances. Upon request by the city, the county shall notify the city of the method by which electronic copies may be submitted. The county may store the ordinance electronically, provided that the public is able to access the electronically stored city ordinances during regular business hours at the office or at a remote location. The city shall retain a printed copy of the e-mail and ordinance as transmitted.

(b)  Date of filing.--The date of filing the proposed ordinance with the county shall not affect the effective date of the ordinance or the validity of the process of enactment of the ordinance.

(1018.10 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.11s

Section 1018.11.  Records of ordinances maintained by city clerk.

(a)  Records.--All ordinances shall, within one month after their enactment, be certified and recorded by the city clerk in a book provided by the city for that purpose which shall be at all times open to the inspection of citizens. A standard or nationally recognized code or any portion of the standard or nationally recognized code enacted by reference need not be recorded in or attached to the ordinance book, but shall be deemed to have been legally recorded if the ordinance by which the code was enacted by reference is recorded, with an accompanying notation stating where the full text of the code is filed. A failure to record within the time provided shall not be deemed a defect in the process of the enactment or adoption of such ordinance.

(b)  Compilation or codification.--At the close of each year, with the advice and assistance of the city solicitor, the city clerk shall bind, compile or codify all the ordinances of the city, or true copies of the ordinances, which then remain in force and effect.

(c)  Indexing.--The city clerk shall also properly index the record books, compilation or codification of ordinances.

(d)  Retention.--The retention of ordinances shall be in accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

(e)  Attachment.--A city ordinance or portions of a city ordinance, the text of which prior to the effective date of this act is attached to the city ordinance book, shall be considered in force as if the ordinance or portions of the ordinance were recorded directly upon the pages of the ordinance book.

(1018.11 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.12s

Section 1018.12.  Proof and evidence.

All ordinances, resolutions, motions or other proceedings of council may be proved by the certificate of the city clerk under the corporate seal and, when printed or published in book or pamphlet form by authority of the city, shall be read and received as evidence in all courts and elsewhere without further proof.

(1018.12 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.13s

Section 1018.13.  Standard or nationally recognized codes.

(a)  Authority to enact.--In the same manner as other ordinances, and except as otherwise provided in this act or the Pennsylvania Construction Code Act, council may enact, by reference to a standard or nationally recognized code, all or any portion of the standard or nationally recognized code as an ordinance of the city. Three copies of the proposed standard or nationally recognized code, portion of the code or amendment to the code shall be filed in the office of the city clerk at least ten days before the city council considers the proposed ordinance and upon enactment shall be kept with the ordinance book and available for public use, inspection and examination.

(b)  Time frame.--

(1)  Except as otherwise provided by the Pennsylvania Construction Code Act, and regulations adopted pursuant to the act, an ordinance adopting by reference any standard or nationally recognized code shall be enacted within 60 days after its introduction and shall encompass subsequent changes in the code unless otherwise specified in the ordinance.

(2)  An ordinance which incorporates standard or nationally recognized code amendments by reference shall become effective after the same procedure and in the same manner as is specified in this section for original adoption of the code.

(c)  Technical regulations or code.--An ordinance that incorporates by reference standard technical regulations or code shall be subject to the provisions of the Pennsylvania Construction Code Act, if applicable.

(1018.13 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.14s

Section 1018.14.  Maps, plans or drawings.

Except as may be otherwise provided under the Municipalities Planning Code, if maps, plans or drawings of any kind are to be adopted as part of an ordinance, the council may, instead of publishing the maps, plans or drawings as part of the ordinance, make reference in publishing the ordinance or a summary of the ordinance to the place where the maps, plans or drawings are on file and may be examined. Once enacted as part of an ordinance, a map, plan or drawing shall be amended by ordinance.

(1018.14 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.15s

Section 1018.15.  Codification of ordinances.

(a)  Preparation authorized.--City council may prepare a consolidation or codification of the general body of city ordinances or the ordinances on a particular subject. City council may adopt the consolidation or codification as an ordinance of the city in the same manner prescribed for the adoption of its ordinances, except as follows:

(1)  A consolidation or codification to be enacted as a single ordinance shall be introduced in the city council at least 30 days before its final enactment; and, at least 15 days before final enactment, notice of introduction of the consolidation or codification specifying its general nature and content shall be given by advertisement in a newspaper of general circulation.

(2)  The required advertised notice of the proposed adoption of the consolidation or codification shall include a listing of its table of contents, and the advertisement shall indicate a place within the city where a copy of the proposed consolidation or codification may be examined.

(b)  Additional procedure.--The procedure for the consolidation or codification of city ordinances as a single ordinance may also be followed in enacting a complete group or body of ordinances repealing or amending existing ordinances as may be necessary in the course of preparing a consolidation or codification of the city ordinances, except that the advertisement giving notice of the proposed adoption shall list, in lieu of a table of contents, the titles only of each of the ordinances in the complete group or body of ordinances.

(c)  Adoption by reference.--The consolidation or codification may contain matter, which, when it becomes effective as an ordinance, will operate to adopt by reference any building, fire prevention or other standard or model code or zoning ordinance and zoning map in accordance with section 1018.13 and, if applicable, section 1018.14.

(1018.15 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.16s

Section 1018.16.  Enforcement of ordinances; recovery and payment of fines and penalties.

(a)  Enforcement.--Actions, prosecutions, complaints and proceedings for the violation of the ordinances of the city and for fines, penalties and forfeitures imposed shall be instituted in the corporate name of the city and be conducted in the manner prescribed by law.

(b)  Proceedings.--Unless otherwise provided by law, proceedings for the violation of the ordinances of the city shall be conducted as summary conviction proceedings, or proceedings for the recovery of penalties, before magisterial district judges with the same right of appeal from any final judgment entered.

(1018.16 added Mar. 19, 2014, P.L.52, No.22)

19310317u1018.17s

Section 1018.17.  Penalty.

A person who violates any ordinance enacted under the authority of this act for which no penalty is otherwise specified commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than 90 days, or both, at the discretion of the court.

(1018.17 added Mar. 19, 2014, P.L.52, No.22)

19310317u1030h

 

(b)  Initiating Ordinances by Electors

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u1030s

Section 1030.  Initiation of Proposed Ordinances by Petition; Exceptions.--(a)  Except as provided in subsection (b), a proposed ordinance may be submitted to the council by a petition signed by the electors of any city in accordance with this subdivision.

(b)  The following proposed ordinances may not be submitted to council by petition in accordance with this subdivision:

(1)  Proposed ordinances dealing with the subjects set forth in section 1050(b).

(2)  Proposed ordinances to repeal, amend or modify an ordinance which took effect after having been subject to the provisions of the referendum for reconsideration of the ordinance.

(1030 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1031s

Section 1031.  Petition; Notice.--If the city clerk receives a written request for the preparation of a petition for the submission of a proposed ordinance to the city council by at least one hundred qualified electors of the city and the request is accompanied by a copy of the proposed ordinance, the city clerk shall, within ten days after receiving the request, do each of the following:

(1)  Prepare the requested petition.

(2)  Publish notice at least one time in a newspaper of general circulation that provides, at a minimum, the following information:

(i)  The date on which the request for the petition was received and that the petition will be ready for signing at the expiration of ten days from that date.

(ii)  The purpose for which the petition is made.

(iii)  The place at which and the dates and times during which the petition may be signed, with fifteen days, exclusive of Saturdays, Sundays and holidays, being allowed for signatures.

(1031 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1032s

Section 1032.  Signing; Oath.--A petition for the submission of a proposed ordinance shall be signed in the city clerk's office only. The petition shall be retained in the city clerk's office at all times for a period of fifteen days. Each signer shall add to the signer's signature the signer's place of residence by street and number and shall make oath before the city clerk that the signer is a qualified elector of the city and resides at the address given. The city clerk shall keep the city clerk's office open for the purpose of permitting voters to sign the petition at least from nine o'clock ante meridian through seven o'clock post meridian, prevailing time, Monday through Friday, except holidays. The city clerk shall not permit any person to sign petitions after seven o'clock post meridian, prevailing time, on the last day for signing the same.

(1032 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1033s

Section 1033.  Number of Signatures; Examination and Certificate by City Clerk.--Within ten days after the period of time for signing the petition has elapsed, the city clerk shall examine the petition and, from the record of registered voters of the city, ascertain whether or not the petition is signed by voters equal to twenty per centum of all votes cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected. If necessary, the council may allow the city clerk extra help for the purpose of complying with this section. The city clerk shall attach to the petition the clerk's certificate showing the result of the examination. If less than the required twenty per centum is certified, the petition shall fail and shall be filed in the office of the city clerk.

(1033 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1034s

Section 1034.  Submission to Council.--If the petition is certified to contain signatures equalling the required twenty per centum of said votes cast as aforesaid, the clerk shall submit the same to the council without delay.

(1034 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1035s

Section 1035.  Actions by Council; Notices.--If the petition accompanying the proposed ordinance is signed by electors equal in number to twenty per centum of the votes cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected, the council shall either:

(a)  enact the proposed ordinance without alteration within twenty days (except as otherwise provided herein) after attachment of the clerk's certificate to the accompanying petition; or

(b)  call for a referendum to be held at the time of the next general, municipal or primary election occurring at least ninety days thereafter, and at which election the proposed ordinance shall be submitted without alteration to the vote of the electors of the city, after attachment of the clerk's certificate to the accompanying petition. Notice of the election and the text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the Pennsylvania Election Code.

(1035 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1036s

Section 1036.  Form of Ballot on Submission to Vote.--The question to be submitted to the electors on the proposed ordinance shall be framed to state the nature of the proposed ordinance, followed by the words "yes" and "no," and the question shall be placed on the ballots which shall be counted, returned and computed in accordance with section 1062 and the election laws of the Commonwealth.

(1036 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1037s

Section 1037.  Effect of Majority Vote.--If the majority of the qualified electors voting on the proposed ordinance shall vote in favor of the ordinance, the ordinance shall become a valid and binding ordinance of the city.

(1037 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1038s

Section 1038.  No Repeal Within Two Years.--An ordinance so proposed by petition, whether enacted by council or adopted by a vote of the electors, shall not be repealed or amended within two years of its effective date except by a vote of the electors.

(1038 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1039s

Section 1039.  Number of Proposed Ordinances to be Submitted; Elections Limited.--Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this subdivision. Proposed ordinances on the same subject matter shall not be submitted by petition more frequently than once every three years.

(1039 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1040s

Section 1040.  Submission for Repeal by Council.--The council may submit a proposition for the repeal or amendment of an ordinance to be voted upon at any succeeding municipal, general or primary election occurring at least ninety days after council's submission of the proposition. Should the submitted proposition receive a majority of the votes cast on the proposition at the election, the ordinance shall be repealed or amended accordingly.

(1040 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1041s

Section 1041.  Publication of Proposed Ordinance; Repeal or Amendment.--Whenever any proposed ordinance is to be submitted to the voters of the city at any election, or any ordinance is submitted by council for repeal or amendment, notice of the election and text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the Pennsylvania Election Code.

(1041 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1050h

 

(c)  Reconsidering Ordinances by Electors

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u1050s

Section 1050.  Time Ordinances Go Into Effect.--(a)  Except as provided in subsection (b), no ordinance enacted by council shall go into effect before ten (10) days from the time of its final enactment by council.

(b)  Ordinances dealing with the following subjects may be made effective upon final enactment:

(1)  Ordinances expressly required to be enacted by the general laws of the State or by the provisions of any act of Assembly, or the provisions of which and the matters to be carried out under the ordinance are subject to the approval of an officer or tribunal of the Commonwealth.

(2)  Ordinances providing for tax levies or fees, annual and other appropriations and for the exercise of the right of eminent domain.

(3)  Ordinances for the preservation of the public peace, health, morals, safety and in the exercise of the police powers of the city government, and for the prevention and abatement of nuisances.

(4)  Any ordinance providing for an election to increase indebtedness, and any other ordinance which by law must be submitted to an election before it shall take effect.

(5)  Ordinances for the opening, paving, grading or other improvement of streets or highways, when the improvement is petitioned for by a majority in number or interest of the abutting property owners.

(6)  Ordinances for the construction of sewers and for the purpose of keeping the streets, highways and sidewalks in good order and repair and in a safe and passable condition.

(c)  (Deleted by amendment)

(d)  (Deleted by amendment)

(e)  (Deleted by amendment)

(f)  (Deleted by amendment)

(1050 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1051s

Section 1051.  Petition; Reconsideration of Ordinance.--With the exception of ordinances dealing with the subjects set forth in section 1050(b), an ordinance shall be suspended from going into operation and shall be reconsidered by council if, within ten days after its final enactment, there is presented to council, in accordance with this subdivision, a petition protesting against enactment of the ordinance which shall be signed by electors of the city equal in number to at least twenty per centum of the entire vote cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected.

(1051 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1052s

Section 1052.  Preparation of Petition by City Clerk; Notice.--A petition under section 1051 shall be prepared by the city clerk immediately upon receipt by the clerk of the written request of one hundred qualified electors of the city asking that the petition be prepared. Upon its preparation, the clerk shall give notice by publication in a newspaper of general circulation that the petition is ready for signing and the purpose of the petition, giving the place where and time when it may be signed. The signing shall be done only in the city clerk's office, where the petition shall be retained during the period of ten days after the enactment of the ordinance.

(1052 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1053s

Section 1053.  Additional Petitions.--In order to facilitate the signing of the petition, the city clerk shall cause to be made at least two additional similar petitions for signing by the qualified electors, and the signing of the additional similar petitions shall have the same force and effect as the signing of the original petition. The city clerk is hereby authorized to employ at least two persons to take charge of the additional petitions. The city clerk and the persons hired are hereby empowered to administer the oath required to be taken by the electors. This section also shall apply to petitions initiating ordinances under subdivision (b).

(1053 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1054s

Section 1054.  Signatures; Oath; Time of Signing.--Each signer of a petition under section 1051 shall add to the signer's signature the signer's place of residence by street and number and shall make an oath before the city clerk, or other person authorized under section 1053, that the signer is a qualified elector of the city and resides at the address given. The city clerk shall keep the city clerk's office open for the purpose of receiving signatures to the petitions at least from nine o'clock ante meridian through seven o'clock post meridian, prevailing time, Monday through Friday. The city clerk shall not permit a person to sign a petition after seven o'clock post meridian, prevailing time, of the tenth day following the enactment of the ordinance on which the referendum vote is requested.

(1054 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1055s

Section 1055.  Presentation of Petition to Council.--At the expiration of ten days, the petition shall be filed with and presented to the council, and the city clerk shall present the petition to the council at its first meeting after expiration of the ten-day period.

(1055 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1056s

Section 1056.  Ascertainment of Number of Signers; Report.--After presentation of the petition to council, the city clerk shall ascertain from the record of registered voters of the city whether or not the referendum petition is signed by voters equal to twenty per centum of all the votes cast for mayor at the last preceding municipal election at which a mayor was elected. If necessary, the council may allow the clerk extra help for that purpose, and, after the clerk has made the examination, the clerk shall report the result to council.

(1056 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1057s

Section 1057.  Ordinances Granting Franchises.--(1057 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1057v

Compiler's Note:  Section 302(d) of Act 177 of 1988, known as the General Association Act of 1988, provided that section 1057 is repealed insofar as it is inconsistent with 15 Pa.C.S § 1511.

19310317u1058s

Section 1058.  Petition against Ordinances; Suspension.--(1058 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1059s

Section 1059.  Effect of Petition; Submission to Voters.--If in any case it shall appear that the petition provided for in this subdivision has not been signed by the requisite number of voters, no action shall be taken, but the ordinance shall be taken to be in full force from the time or times it would have gone into effect had there been no petition against the ordinance. If the petition is signed by electors equal to twenty per centum of all the votes cast for mayor as aforesaid, the council shall reconsider the ordinance, and, if the ordinance is not entirely repealed by council on reconsideration, the council shall call a referendum to be held at the time of the next general, municipal or primary election occurring not less than sixty days after the reconsideration. At the election, the ordinance shall be submitted without alteration in accordance with the Pennsylvania Election Code.

(1059 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1060s

Section 1060.  Certification to County Board of Elections; Ballots or Ballot Labels; Expense of Elections.--The city clerk, after consultation with the city solicitor, shall certify to the county board of elections a copy of the ordinance and the proceedings of council directing the referendum vote, and the county board of elections shall cause the question to be printed for use in the election districts of the city. The preparation of ballots or ballot labels for and the holding of a referendum shall be as provided in the Pennsylvania Election Code. Any number of ordinances may be referred and voted on at the same election.

(1060 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1061s

Section 1061.  Form of Ballot or Ballot Label.--The ballot used when voting upon the ordinance shall contain a question stating the nature of the referred ordinance followed by the words "yes" and "no" and shall be as provided in the Pennsylvania Election Code.

(1061 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1062s

Section 1062.  Computing and Filing Returns.--The officers holding an election shall keep tally sheets and make returns of votes on the referendum question in the same manner as tally sheets are kept and returns made in elections of officers and the submission of other questions as provided by the Pennsylvania Election Code. The returns shall be filed with the county board of elections which shall compute the returns and certify the results to the city council. The returns and certifications of a referendum question shall be made as provided in the Pennsylvania Election Code.

(1062 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1063s

Section 1063.  Effect of the Vote.--If it shall appear that more persons have voted for the ordinance than against it, the ordinance shall take immediate and full effect from the date the results are certified to the city council. If the vote is against the ordinance, the ordinance shall be nullified and of no effect.

(1063 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1064s

Section 1064.  Publication of Ordinance Before Election.--Before any referendum is held on any ordinance in accordance with this subdivision, the city shall provide notice of the ordinance which is to be submitted to the vote of the people by publishing a copy of the ordinance in a newspaper of general circulation. Publication in accordance with this section shall be in addition to publication requirements of the Pennsylvania Election Code.

(1064 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1101h

 

ARTICLE XI

THE EXECUTIVE DEPARTMENT

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u1101s

Section 1101.  Executive Departments.--The city may have a department of administration and other departments as council shall establish by ordinance. All of the administrative functions, powers and duties of the city shall be allocated and assigned within the departments established by council by ordinance or, in the absence of an ordinance making this allocation, among five departments, as follows:

(1)  Department of Public Affairs.

(2)  Department of Accounts and Finance.

(3)  Department of Public Safety.

(4)  Department of Streets and Public Improvements.

(5)  Department of Parks and Public Property.

(1101 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1102s

Section 1102.  Determination of Powers and Duties of Departments.--Subject to the restrictions and limitations of this act and other laws, the council may, by ordinance, do all of the following:

(1)  Determine the powers and duties to be performed by each department.

(2)  Prescribe the powers and duties of officers and employes.

(3)  Assign particular officers and employes, including directors of departments, to one or more of the departments.

(4)  Require an officer or employe to perform duties in two or more departments.

(5)  Make such other rules and regulations as may be deemed necessary or proper for the efficient and economical conduct of the business of the city.

(1102 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1103s

Section 1103.  Designation of Department Directors; Changes.--(a)  The mayor shall be director of the department of public affairs and as such shall have supervision over the city police. In the event that council does not create a department of public affairs, the mayor shall retain the powers of supervision over city police.

(b)  Unless otherwise provided by ordinance in accordance with sections 1101 and 1102, the council shall, at its organization meeting, designate by resolution one council member to be director of the department of accounts and finance, one to be director of the department of public safety, one to be director of the department of streets and public improvements and one to be director of the department of parks and public property. The designation may be changed at council's discretion.

(1103 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1104s

Section 1104.  Department Directors Responsible for City Property and Supplies; Perpetual Inventory Reports.--The director of each department shall be responsible for the personal property and supplies of the city within the director's department. Each department director shall prepare and maintain a perpetual inventory of the personal property and supplies for which the director is responsible and, from time to time during the fiscal year, file the inventory with the city clerk or other official designated by council. The city clerk or other designated official with whom the inventory is filed shall, upon request, furnish a copy of the inventory to the chief fiscal officer and to council.

(1104 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1105s

Section 1105.  Quarterly Reports from Directors of Departments.--At the close of each quarter of the fiscal year, each department director shall prepare and submit to the director of the department of accounts and finance, if one exists, or to the business administrator or other official designated by council, a comprehensive and detailed report of all expenditures and operations of the director's department during the quarter. The person to whom the quarterly reports are submitted shall review and consolidate the quarterly reports and shall prepare and submit to council a consolidated report on the expenditures and operations of the entire city government, together with recommendations, not later than the second meeting of council after the close of each quarter.

(1105 added Mar. 19, 2014, P.L.52, No.22)

19310317u1201h

 

ARTICLE XII

THE MAYOR

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u1201s

Section 1201.  Qualifications.--The mayor shall be at least eighteen years of age and shall be elected at large by the qualified electors of the city. The person shall have been a resident of the city wherein elected for at least one year before the person's election and shall reside in the city throughout the person's term of service. Prior to being sworn into office and as a condition to qualifying for office, the elected mayor shall present a signed affidavit to the city clerk that states the person resides in the city from which elected and has resided in the city continuously for at least one year preceding the person's election.

(1201 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1202.  Chief Executive; Inauguration.--The mayor shall be the chief executive of the city. The mayor shall be inaugurated and take the oath of office in accordance with sections 904 and 905 on the first Monday of January following the regular municipal election. If the first Monday is a legal holiday, the mayor shall be inaugurated and take the oath the first day following or as soon after that day as possible.

(1202 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

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Section 1203.  Execution of Laws; Powers of Sheriff Conferred; Emergency Powers.--(a)  In accordance with the powers granted in this act, the mayor shall have the authority to cause the ordinances of the city, and all general laws applicable to the ordinances, to be executed and enforced.

(b)  The mayor shall annually report to the council and the public on the work of the previous year and on the condition and requirements of the city government and shall, from time to time, make such recommendations for action by the council as the mayor may deem in the public interest.

(c)  In order to enable the mayor effectually to preserve the public peace within the city, all the powers which are devolved by the laws of this Commonwealth upon sheriffs, to prevent and suppress mobs, riots and unlawful and tumultuous assemblies, are hereby conferred upon the mayor.

(d)  When the mayor considers that a state of emergency exists, the mayor may issue a proclamation, which shall be in writing and copies of which shall be made available to all news media and to each member of city council, declaring a state of emergency.

(e)  Upon the issuance of a proclamation declaring a state of emergency under subsection (d), the following shall apply:

(1)  The state of emergency shall not exceed five days, unless extended by action of council.

(2)  In the case of a declaration of a state of emergency by the mayor for either a citywide or site-specific emergency, city agencies may temporarily implement their emergency assignments without regard to procedures required by other laws pertaining to the incurring of obligations and the employment of temporary workers.

(3)  The proclamation may prohibit, for all or any part of the city in which there is a clear and present danger to life or property through civil disorder:

(i)  a person being on the public streets or in the public parks or at any other public place during the hours declared by the mayor to be a period of curfew;

(ii)  the assembling or gathering of a group of people, in such numbers to be designated by the mayor, upon the public streets, parks or other public places;

(iii)  the entry or departure of persons into or from any restricted area;

(iv)  the sale, purchase or dispensing of any commodities or goods designated by the mayor;

(v)  the transportation, possession or use of gasoline, kerosene or other combustible, flammable or explosive liquids or materials, except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use; or

(vi)  any other activities as the mayor reasonably believes would cause a clear and present danger to the preservation of life, health, property or the public peace.

(f)  The proclamation of an emergency shall describe any restricted area with particularity and shall specify the hours during which such restrictions are to be in effect.

(g)  Any person violating a proclamation of emergency commits a summary offense and shall, upon conviction, be sentenced as provided by law.

(1203 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1204.  Official Seal of Mayor.--Council shall provide an official seal for the mayor in such form as the mayor may reasonably request, which shall not be changed during the mayor's term of office.

(1204 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1205.  Supervision of Conduct of City Officers.--The mayor shall supervise the conduct of all city officers, examine the grounds of all reasonable complaints against any of them and cause all of their violations or neglect of duty to be promptly punished or reported for correction in the manner council may direct. For the purposes of this section, the mayor is hereby empowered to issue subpoenas and compulsory processes, under the mayor's official seal, for the attendance of persons and the production of books and papers as the mayor may deem necessary. A subpoena shall be enforced in the manner provided for council in section 1015.

(1205 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1206.  Report of Mayor to Council; Information from Directors of Departments.--The mayor shall have the authority, at all times, to call upon any official of the city or heads of departments for any information as to the affairs under their control and management as the mayor may require. The mayor may likewise report upon any and all matters of city government as frequently to council as the mayor deems conducive to the interest and welfare of the city.

(1206 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1207.  Power to Take Acknowledgments and Oaths and to Formalize Marriages.--The mayor shall be empowered to take acknowledgments of any instruments in writing pertaining to the business of the city, solemnize marriages and administer oaths and affirmations as to city business and shall attest all the mayor's acts with the mayor's official seal, if any.

(1207 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1208.  Salary.--(a)  (1)  The mayor of each city shall receive for the mayor's services during the term of service an annual salary to be fixed by ordinance, payable in equal installments as council shall provide.

(2)  The council shall, by ordinance, fix the amount of salary to be paid to the mayor for the mayor's services and may provide for the assessment and retention from the salary of reasonable fines for absence from regular or special meetings of council or committees of council.

(3)  The amount of the mayor's salary shall not be less than two thousand five hundred dollars.

(b)  Until changed by ordinance, the salary of mayors in newly created cities may be as follows:

(1)  in cities with a population of less than five thousand, a maximum of two thousand five hundred dollars a year;

(2)  in cities with a population of five thousand or more but less than ten thousand, a maximum of five thousand dollars a year;

(3)  in cities with a population of ten thousand or more but less than fifteen thousand, a maximum of seven thousand five hundred dollars a year; and

(4)  in any city with a population in excess of fifteen thousand, the salary of the mayor shall not exceed five hundred dollars a year per thousand population or fraction of a thousand, the population to be determined by the latest official census figures.

(c)  The compensation to be received by a mayor in cities other than newly created cities shall be fixed by ordinance of council enacted at least two days prior to the last day fixed by law for candidates to withdraw their names from nominating petitions previous to the day of the municipal election. The compensation to be received by the mayor shall not be increased or diminished after the mayor's election unless the increase or decrease was included in an ordinance enacted at least two days prior to the last day fixed by law for candidates to withdraw their names from nominating petitions previous to the day of the municipal election.

(d)  (1)  Subject to clause (2) and notwithstanding any other provisions of law, a mayor may receive an honorarium, fee or reimbursement of expenses related to the performance of a marriage ceremony in this Commonwealth, if the mayor first notifies council in writing of the mayor's intention to perform marriage ceremonies. A notification pursuant to this clause shall remain in effect for the term of the mayor or until such time as the notification is rescinded by the mayor.

(2)  The honorarium or fee shall not exceed one hundred fifty dollars for each ceremony performed. The mayor shall keep accurate accounts of the fees received relating to the performance of marriage ceremonies and provide council each quarter with a report of moneys received for that period. The quarterly report shall include the amount of money received, the names of persons from whom money was received along with the date and the location of the performed ceremony and shall be considered a public record.

(3)  The receipt of a fee under this subsection shall not be considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) and shall not be considered compensation under this act.

(1208 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1209.  Acting Mayor; Powers and Duties.--During the absence of the mayor or the inability of the mayor to act, the vice president of city council shall be the acting mayor who shall exercise all the rights and powers of the mayor. In the event of a vacancy in the office of the mayor by reason of death, resignation or otherwise, the vice president of council shall, in like manner, act as the mayor and shall, while acting as mayor, receive the compensation of mayor but not any compensation as a council member, until the successor of the mayor is duly appointed and qualified in accordance with section 901. In case of the absence or inability of the vice president of council to act as mayor, the council shall designate another one of its members to act as mayor.

(1209 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1201-Ah

ARTICLE XII-A

CITY ADMINISTRATOR OR MANAGER

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u1201-As

Section 1201-A.  Office of city administrator or manager.

City council may, at its discretion at any time, by ordinance, enacted by a majority vote of all members elected to council, create the office of city administrator or manager and may in like manner abolish the same. The appointed office of city administrator when referenced in this article may also be referred to as city manager, and a reference to a city administrator shall be deemed a reference to a city manager.

(1201-A reenacted Mar. 19, 2014, P.L.52, No.22)

19310317u1202-As

Section 1202-A.  Appointment; selection; removal.

In a city in which the office of city administrator has been created, council shall appoint a person to fill that office initially, and thereafter, whenever a vacancy exists in the office. The appointment of a person to fill the office of city administrator shall be by an affirmative vote of a majority of all the members of council. Council shall select a city administrator on the basis of executive and administrative qualifications, education and experience and may give special consideration to applicants with training and experience in municipal government operation. The city administrator shall serve at the pleasure of council, subject to contractual rights that may arise under an employment agreement that may be entered in accordance with section 1203-A.

(1202-A reenacted Mar. 19, 2014, P.L.52, No.22)

19310317u1203-As

Section 1203-A.  Employment agreement.

Council may enter into an employment agreement with the city administrator. The employment agreement may set forth the terms and conditions of employment, and the agreement may provide that it shall remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the organizational meeting of council following the next municipal election, whichever shall first occur. An employment agreement entered into pursuant to this section may specify conditions under which a city administrator would be entitled to severance compensation, but in no event shall an employment agreement guarantee employment through the term of the agreement or confer upon the city administrator any legal remedy based on specific performance. Any employment agreement with a city administrator executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.

(1203-A amended Mar. 19, 2014, P.L.52, No.22)

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Section 1204-A.  Residency and elective city office.

At the time a person is appointed to fill the office of city administrator, the appointee need not be a resident of the city. After appointment, the city administrator may reside outside the city only with the approval of council. The city administrator shall not hold any elective city office.

(1204-A reenacted Mar. 19, 2014, P.L.52, No.22)

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Section 1205-A.  Powers and duties.

(a)  Powers and duties generally.--Council may, by ordinance, vest in the city administrator powers and duties relating to the general management of city business and to the enforcement of city ordinances and regulations. The powers and duties conferred upon a city administrator in accordance with this section shall not be construed as diminishing powers granted to other city officers by statute or ordinance.

(b)  Specific powers.--The powers and duties that may be conferred upon a city administrator by council may include, but shall not be limited to, any or all of the following:

(1)  To be the chief administrative officer of the city responsible to the city council as a whole for the proper and efficient administration of the affairs of the city.

(2)  To direct and supervise the administration of all departments and functions of the city, except as otherwise provided by ordinance or law.

(3)  Except as otherwise provided by this act, to appoint city employees on the basis of merit system principles and suspend, remove or otherwise discipline employees, subject to the following:

(i)  The city administrator may make recommendations to council concerning appointments or removals at the department head level.

(ii)  Prior to any action being taken with regard to appointments or removals at the department head level, the city administrator shall confer with council.

(iii)  Council must confirm appointments or removals at the department head level.

(4)  To designate a qualified administrative officer of the city to perform the city administrator's duties during the city administrator's temporary absence or disability. In the event the city administrator fails or is unable to make such designation, or, if the absence or disability continues more than 30 days, the council may, by resolution, appoint an officer of the city to perform the duties of the city administrator during the city administrator's absence or disability until the city administrator is able to return to work.

(5)  To negotiate contracts for the city, subject to the approval of city council, make recommendations concerning the nature and location of municipal improvements and execute municipal improvements as determined by the city council.

(6)  To see that all terms and conditions imposed in favor of the city or its inhabitants in any statute, franchise or contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the city council.

(7)  To attend all meetings of the city council with the right to take part in the discussions, but without the right to vote.

(8)  To recommend to the city council for adoption such measures as the administrator may deem necessary or expedient, keep the council advised of the financial condition of the city and make reports to the council as requested by it.

(9)  To investigate at any time the affairs of any officer or department of the city that is under the administrator's jurisdiction.

(10)  To prepare and submit the annual city budget for review and approval by the city council. The recommended budget shall be submitted to city council for its review no later than the last stated meeting in November. The budget so submitted shall be accompanied by an enabling ordinance, together with such explanatory comment or statement as the administrator may deem desirable. The budget document shall be in such form as is required by law for city budgets and shall contain such additional documentation or explanation of the various items of expenditure and revenue as may be required by council.

(11)  To perform such other duties as may be designated by the city council in the enabling ordinance.

(1205-A reenacted Mar. 19, 2014, P.L.52, No.22)

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ARTICLE XIII

CITY CLERK

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

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Section 1301.  Appointment; Compensation; Removal.--(1301 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1302s

Section 1302.  Power to Administer Oaths; Duties.--(1302 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1303s

Section 1303.  Records Open to Inspection.--(1303 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1401h

 

ARTICLE XIV

THE CITY TREASURER

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u1401s

Section 1401.  Qualifications.--The city treasurer shall be an accountant, at least twenty-one years of age and shall have been a resident of the city for at least one year before the person's election. The elected treasurer shall reside in the city throughout the treasurer's term of office. Prior to being sworn into office and as a condition to qualifying for office, the elected treasurer shall present a signed affidavit to the city clerk that states the person resides in the city from which elected and has resided in the city continuously for at least one year preceding the person's election.

(1401 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1402.  Bond; Insurance; Salary.--(a)  The city treasurer shall give lawful fidelity bond, covering the full term of office, for the faithful performance of official duties, including duties as tax collector of city, county, institution district and school taxes. In addition to being subject to such other conditions as council may direct, the bond of the city treasurer shall be conditioned upon the following:

(1)  The accounting for and paying over of all moneys received as city treasurer.

(2)  The accounting for and paying over of all moneys received, including taxes, penalties and interest, as tax collector of city, county, institution district and school taxes.

(3)  The safekeeping and payment over of all public moneys entrusted to the treasurer's care.

(b)  Council may require two bonds from the city treasurer:

(1)  A bond for the faithful performance by the city treasurer of official duties other than those of tax collector.

(2)  A bond covering the duties of the city treasurer as collector of city, county, institution district and school taxes.

In lieu of the bond required for the faithful performance by the city treasurer of official duties other than those of tax collector, council may purchase insurance, provided that the insurance covers the same events of loss and insures the county against the same misconduct as the bond in compliance with this act.

(c)  The city treasurer and the treasurer's surety shall be discharged from further liability on any bond as tax collector, as soon as each of the tax items contained in the duplicates delivered to the city treasurer has been:

(1)  collected and paid over;

(2)  assigned to third party assignees;

(3)  certified to the city council for entry as liens in the office of the prothonotary or as claims in the tax claim bureau, as the case may be;

(4)  returned to the county treasurer or city treasurer for sale; or

(5)  in the case of taxes not levied upon real estate, a record of those which remain uncollected has been filed with the tax authority.

(d)  Council may require the city treasurer to be covered by insurance protection in accordance with section 907(c).

(e)  Should any of the taxing districts be of the opinion at any time that the bond or insurance provided by the city treasurer is not sufficient in amount, the taxing district may petition the court of common pleas having jurisdiction in the city to have the city treasurer furnish additional bond and insurance. Thereupon, the city treasurer shall furnish additional bond and insurance, if any, as the court may prescribe. The premium on the bond or on the bonds and insurance shall be shared pro rata by the taxing districts interested, as the case may be, according to their respective tax interests pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection Law." The treasurer shall not in any event be required to provide bond or bonds and insurance in an amount in excess of the taxes to be collected by the treasurer. The bond or bonds and insurance provided by the city treasurer shall be for the use of the city and the taxing districts involved.

(f)  The city treasurer shall receive a fixed annual salary to be provided by ordinance. Compensation as tax collector for the city, county, institution district and school district shall be as provided for in the "Local Tax Collection Law."

(1402 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1402.1.  City Treasurer to be Tax Collector.--Except as otherwise provided by the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," the city treasurer, by virtue of the treasurer's office, shall be the collector of the city, county, school and institution district taxes assessed or levied in the city by the proper authorities therein. As tax collector, the city treasurer shall maintain and keep an office which may be the same as that of the city treasurer for the purpose of receiving taxes during regular business hours.

(1402.1 added Mar. 19, 2014, P.L.52, No.22)

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Section 1402.2.  Date of Delivery of Duplicate; Collection.--The council of each city and the county and county institution district authorities, now empowered or which may be hereafter empowered to levy taxes upon persons and property within the city, shall, within thirty days after the adoption of the budget or within thirty days after receipt of the assessment roll from the county, whichever is later, make out and deliver their respective duplicates of taxes assessed to the city treasurer to be collected. The proper school authorities shall make out and deliver the school duplicates of their respective taxes in such city at the time and in the manner provided by the school laws of this Commonwealth. All duplicates of taxes provided to or received by the treasurer shall at all times be open to proper inspection of the public and of the proper auditing and examining officers of the city, county or school district, as the case may be, and shall be delivered by the treasurer at the expiration of the treasurer's term to the treasurer's successor.

(1402.2 added Mar. 19, 2014, P.L.52, No.22)

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Section 1402.3.  Tax Liens; Schedule of Uncollected Taxes; Liability for False Return.--Upon the settlement of the duplicates of city, county, institution district and school taxes which by law are made a lien on real estate, the city treasurer as collector of taxes shall make out schedules of the city, county, school or institution district taxes uncollected upon the duplicates with a brief description of the properties against which the same are assessed, for the purpose of having the same entered for lien or sold according to law. The failure of the city treasurer to collect the taxes from personal property, when the same could have been collected, shall not impair the lien thereof or affect any sale made for the collection thereof. In case the city treasurer shall make any wilfully false return, the city treasurer shall be liable to any person or persons injured thereby.

(1402.3 added Mar. 19, 2014, P.L.52, No.22)

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Section 1403.  Receipt and Payment of Moneys; Daily Transmittal of Receipts; Duplicates.--The city treasurer shall demand and receive all moneys payable to the city from such sources as the city council may, from time to time, entrust to the city treasurer and shall issue a receipt when requested in every case to the person making such payment and shall pay all documents authorizing payment duly countersigned. All receipts for money received on behalf of the city by the treasurer shall be numbered serially and made in duplicate at least, and all such duplicates shall daily, not later than the next succeeding business day, be transmitted by the city treasurer to the city controller.

(1403 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1404.  Method of Keeping Accounts.--The accounts of the city treasurer shall be kept in such manner as to clearly exhibit all the items of receipts and expenditures of the city, the sources from which the moneys are received and the objects for which the same are disbursed. The city treasurer shall keep separate and distinct accounts of the receipts and expenditures of the city, including, but not limited to, the sinking fund, and each department providing a utility service, and also of every special fund.

(1404 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1405.  Moneys Appropriated Only to be Paid Out.--No money shall be paid out of the city treasury unless the same shall have been previously approved, duly authorized and appropriated by council to the purpose for which it is to be drawn, which shall be explicitly mentioned in the document authorizing payment.

(1405 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1406.  Depositories of City Funds Entrusted to the Treasurer by City Council.--The treasurer shall keep the public funds in banks or financial depositories as council may direct, under restrictions and safeguards as council may provide, and shall verify the treasurer's accounts whenever required, to the satisfaction of council.

No treasurer complying with the provisions of this section and any ordinance of the city, nor the treasurer's surety or sureties, shall be chargeable with losses of city funds caused by the insolvency or negligence of any city depositories.

(1406 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1407.  Delivery of City Property in Treasurer's Possession to Successor.--The city treasurer shall, upon leaving office, deliver to the city or to the treasurer's duly qualified successor all moneys, accounts, property or effects in the treasurer's possession belonging to the city.

(1407 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1408.  Appointment of Deputy Treasurer and Employes; Powers; Responsibility.--(a)  The city treasurer may appoint the following:

(1)  A deputy treasurer who, in the case of the sickness, absence or inability of the city treasurer to act, shall have the same powers and shall perform the same duties as are imposed by law upon the city treasurer and such appointment shall be in compliance with the requirements of the act of May 25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection Law."

(2)  All the assistants and employes of the city treasurer's office, whose number and compensation shall be fixed by council and who, in all other respects, shall be considered as employes of the city.

(b)  All persons appointed pursuant to this section shall be covered by a bond, blanket bond or insurance in accordance with section 907.

(1408 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1501h

 

ARTICLE XV

THE CITY ENGINEER

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  General Provisions

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u1501s

Section 1501.  Appointment of City Engineer.--Council shall provide for the manner of appointment and compensation of the city engineer, who shall be a registered professional engineer in this Commonwealth and shall serve at the pleasure of council. Nothing contained herein shall prohibit council from designating an engineering firm of registered professional engineers from performing the duties and functions of the city engineer.

(1501 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1502.  Control of Engineering Matters.--The city engineer shall have the supervision, direction and control of the engineering matters of the city, and no department of the city shall employ or retain any additional engineer, except with the previous assent of council.

(1502 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1503s

Section 1503.  Duties.--As authorized by council, engineering work undertaken by the city shall be performed or supervised by the city engineer or by another registered professional engineer employed by the city for a particular purpose. The duties of the city engineer may include, but need not be limited to, the following:

(1)  Preparing plans, specifications and estimates and undertaking other engineering work related to constructing, reconstructing, maintaining and repairing streets, pavements, sewers, bridges, culverts and other municipal improvements.

(2)  Making reports, giving estimates, supplying information and responding to questions concerning city engineering work to city officials and employes, provided that council may regulate the manner, number and method of making these requests.

(3)  Conducting, supervising or directing surveys relating to city property and improvements authorized by law or as directed by council.

(4)  Preparing a topographical survey of the city or a general plan of city streets, marking the lines of streets, both those already opened and those intended to be opened for public use, as council may deem necessary.

(5)  Surveying, making a draft or plan of and laying out new or proposed streets, as council may deem necessary.

(6)  Reporting a grade for any proposed or new streets, as council may deem necessary.

(7)  Making reports, from time to time, as deemed expedient by the city engineer or as council shall direct, of the surveys and plans of city streets in convenient sections without awaiting the completion of the entire survey.

(8)  Keeping and maintaining books and records, and providing for certified copies of the same, as may be directed or authorized by council or required by law.

(1503 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1504.  Certifying Commencement and Completion of Municipal Improvements.--Within a reasonable time after the completion of any municipal improvement, the cost and expense of which, in whole or in part, is to be paid by the abutting property owner or owners, the city engineer, or employes designated by the city engineer, shall certify the day or time on which the particular improvement was commenced and the day or time on which the particular improvement was completed, shall file the same with the city clerk who shall maintain a centralized book or listing of certificates of commencement and completion, and shall provide notice of the filing to the city solicitor. The day or time of completion of the work, referred to in this section and in other parts of this act, shall mean the time of the completion of the whole contract for the improvement. Information filed with the clerk certifying the day or time of the commencement and completion of the work shall be conclusive evidence of the day or time when the improvement was begun and completed.

(1504 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1505.  Surveys; Entering Upon the Lands of Others.--For the purposes of carrying out authorized surveys, laying out streets or of other engineering work of the city, the city engineer or other persons engaged in city engineering work shall have full power and authority to enter upon the lands and premises of any person or persons within the city.

(1505 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1515h

 

(b)  Real Estate Registry

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  Section 9 of Act 110 of 2008, known as the Uniform Municipal Deed Registration Act, provided that Subarticle (b) is repealed insofar as it is inconsistent with Act 110.

 

19310317u1515s

Section 1515.  Council to Provide for Registry of Real Estate.--(1515 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1516s

Section 1516.  Preparation of Books, Plans and Maps.--(1516 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1517.  Preservation of Records.--(1517 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1518s

Section 1518.  Certified Copies of Entries Admissible as Evidence.--(1518 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1519s

Section 1519.  Duties Imposed on Owners of Real Estate when Registry Established; Penalty.--(1519 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1520s

Section 1520.  Registry of Properties Sold t Judicial Sales.--(1520 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1521s

Section 1521.  Filing of Municipal Claims.--(1521 repealed Mar. 19, 2014, P.L.52, No.22)

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(c)  Topographical Survey

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

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Section 1530.  Council May Authorize Topographical Survey.--(1530 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1531s

Section 1531.  Plan of Streets and Highways; Surveys; Grades.--(1531 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1532s

Section 1532.  Return of Draft of Completed Survey to Council; Inspection.--(1532 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1533s

Section 1533.  Notice of Return; Objections; Alterations; Approval; Recording.--(1533 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1534.  Notation of Grades on Plans.--(1534 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1535.  Effect of Recording.--(1535 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1536.  Deviation from Established Plans; Liability of City.--(1536 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1537s

Section 1537.  Sectional Surveys.--(1537 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1538.  Reports of Partial Surveys; Confirmation.--(1538 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1601h

 

ARTICLE XVI

THE CITY SOLICITOR

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

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Section 1601.  Appointment of City Solicitor.--Council shall provide for the manner of appointment and compensation of the city solicitor, which may be a law firm.

(1601 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1602.  Direction of Legal Matters.--The city solicitor shall have the direction and control of the legal matters of the city. No department of the city shall employ or retain any additional counsel in any matter or cause, except with the prior assent of council.

(1602 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1603.  Duties.--The city solicitor shall oversee the preparation of all bonds, obligations, contracts, leases, conveyances and assurances to which the city or any department thereof may be party, as may be directed by resolution or ordinance, and shall oversee the commencement and prosecution of all and every suit or suits, action or actions, brought by the city, and the filing of municipal claims and liens, for or on account of any of the estates, rights, trusts, privileges, claims or demands of the same, as well as oversee the defense of all actions or suits against the city or any officer thereof, wherein or whereby any of the estates, rights, privileges, trusts, ordinances, or acts of the city or any department thereof, may be brought in question before any court. The city solicitor shall have like duties before any administrative agency or other judicial or quasi-judicial body. The city solicitor shall do all and every professional act incident to the office which the city solicitor may be lawfully authorized and required to do by the mayor, or by any ordinance or resolution of the council, and shall perform such other duties as council may direct.

(1603 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1604.  Written Opinions to be Furnished.--(a)  Subject to regulation by council in accordance with subsection (b), the city solicitor shall furnish a written opinion on questions of law submitted, in their official capacities, by any of the following:

(1)  The council.

(2)  The mayor.

(3)  Any other elected city official.

(4)  Any appointed city official designated by council as authorized to request a written legal opinion.

(b)  The city council may provide for the regulation of the manner in which questions are presented to the city solicitor by any elected or appointed city official and may limit the questions submitted in such manner as the city council may direct.

(1604 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1605.  City Lien Docket.--(1605 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1606.  Department Heads to Furnish Statements of Claim.--(1606 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1607.  Satisfaction of Liens Due City.--Upon the payment of any lien or other debt of record due the city, to any city employe or city official or other person authorized to receive the payment, that person shall, as soon as practicable, notify the city solicitor; and it shall be the duty of the city solicitor or the solicitor's designee, as soon as practicable, to cause satisfaction to be entered upon the proper record of the lien or debt of record.

(1607 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1608.  Return and Payment of Money and Fees Received.--(1608 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1609.  Assistant Solicitor.--Council may, at its discretion, appoint one or more assistant city solicitors to assist the solicitor in the performance of all duties and shall provide for the compensation of assistant solicitors by resolution.

(1609 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1610.  Special Counsel.--Council may, at its discretion, retain special counsel for particular proceedings or matters of the city and shall provide for the compensation of special counsel by resolution.

(1610 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1701h

 

ARTICLE XVII

THE CITY CONTROLLER AND INDEPENDENT AUDITOR

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

(a)  City Controller

(Hdg. added Mar. 19, 2014, P.L.52, No.22)

 

19310317u1701s

Section 1701.  Qualifications; Bond; Compensation.--(a)  The city controller shall be an accountant, at least twenty-one years of age, shall have been a resident of the city for at least one year before the person's election and shall reside in the city throughout the person's term of office. Prior to being sworn into office and as a condition to qualifying for office, the elected city controller shall present a signed affidavit to the city clerk that states the person resides in the city from which elected and has resided in the city continuously for at least one year immediately before the person's election.

(b)  The city controller shall give bond in accordance with section 907 for the faithful performance of official duties as the city controller. The bond shall cover the full term of office and shall be conditioned upon the following:

(1)  The accounting for and paying over of all moneys received as city controller.

(2)  The safekeeping and payment over of all public moneys entrusted to the controller's care.

(c)  The city controller shall receive a fixed annual salary, to be set by ordinance, in an amount not less than the compensation paid to members of council.

(1701 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1702.  Bond.--(1702 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1703.  Compensation.--(1703 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1704.  Powers and Duties.--(a)  The city controller shall countersign all documents authorizing the payment of moneys out of the city treasury when satisfied of the legality of the payment.

(b)  The city controller shall have the power to administer oaths or affirmations in relation to any matter touching the authentication of any account, claim or demand of or against the city, but shall not receive any fee therefor.

(c)  The city controller shall have the power to examine the following accounts:

(1)  All accounts whatsoever in which the city is concerned, either as debtor or creditor.

(2)  The accounts of all city bureaus, officers, and departments which collect, receive and disburse public moneys or who are charged with the management, control or custody thereof.

(3)  The accounts of a city officer upon the death, resignation, removal or expiration of the term of the officer.

(4)  The accounts of any library to which the city makes appropriations, any institution owned by the city, and Pennsylvania National Guard units to which the city makes appropriations.

(d)  (Deleted by amendment)

(e)  (Deleted by amendment)

(f)  In the same manner in which subpoenas may be issued and enforced, in accordance with section 917, the city controller shall have power to issue and pursue enforcement of subpoenas to obtain the attendance both of officers whose accounts the controller is authorized to examine and of any person or persons whom it may be necessary to examine as witnesses.

(g)  The city controller may present council with annual or periodic statements concerning the results of the controller's examination of accounts, which shall be public records pursuant to the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(1704 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1704.1s

Section 1704.1.  Deputy Controller; Employes.--The controller may appoint a deputy controller and may select individuals to serve as assistants and employes in the controller's office. The number of the assistants and employes permitted, if any, shall be fixed by council. Assistants and employes in the controller's office shall, in all other respects, be considered employes of the city. A deputy controller, assistants and employes appointed under this section shall be bonded, and their compensation shall be fixed by council.

(1704.1 added Mar. 19, 2014, P.L.52, No.22)

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Section 1704.2.  Temporary Deputy Controller.--In case of the sickness, absence or inability of a city controller, and when no deputy shall have been appointed by the controller, the council may appoint a temporary deputy controller to serve during the sickness, absence or inability of the controller, or until the controller shall appoint a deputy. A temporary deputy controller shall be bonded and receive the compensation fixed by council.

(1704.2 added Mar. 19, 2014, P.L.52, No.22)

19310317u1704.3s

Section 1704.3.  Continuation of Office.--The appointment of an independent auditor in accordance with subdivision (b) shall not abolish the office of controller. The elected controller shall continue to exercise those powers retained for the controller in this subdivision.

(1704.3 added Mar. 19, 2014, P.L.52, No.22)

19310317u1704.11h

 

(b)  Independent Auditor

(Hdg. added Mar. 19, 2014, P.L.52, No.22)

 

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Section 1704.11.  Appointment of Independent Auditor.--The council shall provide, by resolution, for the appointment of an independent auditor. The independent auditor may be a certified public accountant or a firm of certified public accountants.

(1704.11 added Mar. 19, 2014, P.L.52, No.22)

19310317u1704.12s

Section 1704.12.  Powers and Duties of Independent Auditor.--(a)  The independent auditor shall conduct an annual audit of all accounts of city officers, departments and offices which collect, receive and disburse public moneys and other funds or are charged with the management, control or custody thereof on which the independent auditor is required to report pursuant to this subdivision. The annual audit, as directed by council, shall also include any accounts subject to examination by the controller pursuant to subdivision (a).

(b)  The independent auditor shall have and possess the powers expressly provided in this subdivision and, in relation to accounts which the independent auditor is authorized to audit, shall have the same power as the city controller to issue subpoenas to obtain the attendance of officers and witnesses.

(1704.12 added Mar. 19, 2014, P.L.52, No.22)

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Section 1705.  Annual Report to Council; Filing Copy in Court and Appeal.--(a)  The independent auditor appointed in accordance with this subdivision shall make a report to council, at council's first meeting in March in each year, of the audits made of the accounts of the officers having charge, custody, control or disbursement of such public moneys and other funds, showing the balance in their hands respectively, and, within ninety days of the close of the fiscal year, the independent auditor shall file a copy of the annual report to council with the clerk of the court or the prothonotary, as may be provided by local rules of court.

(b)  The independent auditor shall also prepare, annually, an intelligible summary of the report or reports made pursuant to this section, showing the fiscal condition of the affairs of the city. Council may require advisory interim reports from the independent auditor. Reports prepared under this section and all summaries thereof shall be public pursuant to the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(c)  It shall be lawful for the city or any taxpayer thereof on its behalf or any officer whose account is settled or audited to appeal from the settlement or audit to the court of common pleas of the county within forty-five days after the annual report to council has been filed. If the appellant is a taxpayer or any officer charged as aforesaid, he shall file a bond, with one or more sufficient sureties, conditioned to pay all costs thereafter accruing in case a decision shall not be obtained more favorable to the party on whose behalf the appeal shall be taken than that contained in the report.

(1705 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1706.  Power to Administer Oaths; Countersigning of Warrants.--(1706 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1707s

Section 1707.  Power to Subpoena City Officers.--(1707 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1708.  Appointment of Deputy Controller; Powers; Responsibility.--(1708 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1709.  Appointment of Temporary Deputy by Council; Bond; Compensation.--(1709 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u1801h

 

ARTICLE XVIII

ACCOUNTS AND FINANCES

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

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Section 1801.  Fiscal Year.--The fiscal year of each city shall begin on the first day of January and end on the last day of December.

(1801 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1802s

Section 1802.  Chief Fiscal Officer; Bond; Administering Oaths.--(a)  Council shall provide for a chief fiscal officer for the city. In filling the position of chief fiscal officer, council may appoint, but shall not be limited to appointing, the director of the department of accounts and finance, if one is appointed pursuant to Article XI or the city administrator, if one is appointed pursuant to Article XII-A.

(b)  Council shall require that the chief fiscal officer furnish a bond subject to section 907.

(c)  The chief fiscal officer shall have authority to administer oaths and affirmations in relation to any matter touching the authentication of every account with or claim or demand of or against the city, but shall not be entitled to receive any fee therefor.

(1802 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1803s

Section 1803.  Deputy.--Council may authorize the chief fiscal officer to appoint, subject to the approval of council, a deputy chief fiscal officer whose compensation shall be fixed by council. The deputy shall have power to administer oaths and affirmations in all matters relating to the affairs of the office and shall furnish a bond subject to section 907. If no deputy has been appointed, council may appoint a temporary deputy chief fiscal officer to serve during the chief fiscal officer's illness, absence or inability to serve. The temporary deputy chief fiscal officer may be required to furnish bond as required by council.

(1803 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1804s

Section 1804.  Regulations Concerning Appropriation.--(a)  No debt shall be created by any department of the city except in accordance with law.

(b)  No money shall be paid out of the city treasury except upon appropriation made according to law and pursuant to a document authorizing payment drawn by the proper officer or officers in pursuance thereof.

(c)  No work shall be hired to be done, no materials purchased, no contracts made and no order issued for the payment of any moneys, if doing so would result in the total expenditure of money for a specific purpose to exceed the amount appropriated for that purpose.

(d)  In every case in which an appropriation shall be entirely expended, and the object of the appropriation is not completed, the chief fiscal officer shall on or before the next regularly scheduled council meeting report the fact to the city council and accompany the report with a statement of the moneys which have been drawn on the appropriation and the particular purpose for which they were drawn.

(e)  The council may at any time by ordinance make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not appropriated to any other purpose, including the proceeds of any borrowing now or hereafter authorized by law.

(f)  The council shall have the power to authorize the transfer of any unexpended balance, of any appropriation item, or any portion thereof, but council shall first seek comments from the director of the department negatively affected by the proposed transfer pursuant to this section.

(g)  Consistent with this section, council shall determine the manner and method of all intradepartmental and interdepartmental financial transfers.

(1804 amended Mar. 19, 2014, P.L.52, No.22)

19310317u1804.1s

Section 1804.1.  Investment of City Funds.--(a)  The council shall have power to provide the following:

(1)  The investment of city sinking funds as authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(2)  The investment of moneys in the general fund and in special funds of the city other than the sinking funds as authorized by this article.

(3)  The liquidation of any investment, in whole or in part, by disposing of securities or withdrawing funds on deposit. Any action taken to make or to liquidate any investment shall be made by the officers designated by action of the council.

(b)  The council shall invest city funds consistent with sound business practice.

(c)  The council shall provide for an investment program subject to restrictions contained in this act and in any other applicable statute and any rules and regulations adopted by the council.

(d)  Authorized types of investments for city funds shall be any of the following:

(1)  United States Treasury bills.

(2)  Short-term obligations of the United States Government or its agencies or instrumentalities.

(3)  Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that such accounts are so insured and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.

(4)  Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America, the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(5)  Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that the only investments of that company are in the authorized investments for city funds listed in clauses (1) through (4).

(6)  Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that such accounts are so insured. However, for any amounts above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum of an institution's assets minus liabilities.

(7)  Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to municipalities investments) shall be an authorized investment for any pension or retirement fund.

(8)  Repurchase agreements which are fully collateralized by obligations of the United States Government or its agencies or instrumentalities, which are free from other liens and backed by the full faith and credit of the United States or are rated in the highest category by a nationally recognized statistical rating organization.

(9)  Deposits in investment pools established by the State Treasurer or established by local governments pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) and related statutes, provided that the investment pools are rated in the highest category by a nationally recognized statistical rating organization.

(e)  In making investments of city funds, the council shall have authority to do any of the following:

(1)  Permit assets pledged as collateral under subsection (d)(3), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), relating to pledges of assets to secure deposits of public funds.

(2)  Combine moneys from more than one fund under city control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded, and credited to the accounts from which the investment was purchased.

(3)  Join with one or more other political subdivisions and municipal authorities in accordance with 53 Pa.C.S. Ch. 23, Subch. A, in the purchase of a single investment, provided that the requirements of clause (2) on separate accounting of individual funds and separate computation, recording and crediting of the earnings therefrom are adhered to.

(1804.1 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  The act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, referred to in subsec. (e)(3), was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

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Section 1805.  Countersigning Documents; Money Available; Evidence Required.--(a)  The chief fiscal officer shall countersign all documents, in the form approved by council, authorizing payment from the city treasury.

(b)  In countersigning documents authorizing payment from the city treasury, the chief fiscal officer shall not permit any appropriation made by the council to be overdrawn and shall not countersign unless there is money in the treasury to pay the same.

(c)  Except in the case of documents authorizing payment to volunteer fire companies, whenever a document authorizing payment from the city treasury shall be presented to the chief fiscal officer to be countersigned, the person presenting the same shall be required to produce evidence of each of the following:

(1)  The amount expressed in the document authorizing payment is due the person in whose favor it is drawn.

(2)  The supplies, services or other consideration for payment of which the document authorizing payment is drawn have been furnished, performed or given according to law and the terms of the contract, if any.

(1805 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1806.  Record of Assets, Property, Trusts, Debts Due, Receipts and Expenditures.--The chief fiscal officer or other official or employe of the city designated by council shall have charge and keep a record of accounts, under appropriate titles, to show separately and distinctly all of the assets and property whatsoever vested in the city, and all trusts in care of the same, debts owing by the city, and all of the receipts and expenditures of the various departments.

(1806 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1807.  Supervision of Accounts of Departments.--The chief fiscal officer shall have the supervision and control of the accounts of all of the departments, and may require from them at any time a statement in writing of all money or property of the city in their hands.

(1807 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1808.  Suggestions for Improvement of City Finances.--The chief fiscal officer may, from time to time, and shall, when the council shall direct, suggest plans to the council for the management and improvement of the city finances.

(1808 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1809.  Annual Budget; Presentation to Council; Notice; Revision; Adoption.--(a)  Each year, the chief fiscal officer shall, on behalf of council, at the last stated meeting in November present to council for introduction a proposed budget ordinance for all funds showing the estimated receipts, expenditures and liabilities of every kind for the ensuing year, with the balance of unexpended appropriations and all other information of value as a basis for fixing the levy and tax rate for the next fiscal year. Council shall, upon introducing the proposed budget ordinance, fix a date for adoption thereof, which shall be not later than the thirty-first day of December of that year.

(b)  The several departments of the city government shall, before the proposed budget ordinance is introduced, as provided in subsection (a), furnish to the council an estimate of the probable receipts and expenditures and an estimate of the amount required by each of the departments for the public service during the ensuing fiscal year as a basis for making the annual appropriations thereto.

(c)  When the proposed budget ordinance is submitted to council and has been introduced, the city clerk shall forthwith make the same available for public inspection at the city clerk's office in the city hall and shall thereupon publish a notice to that effect once in a newspaper of general circulation in accordance with the provisions of section 109. The notice shall state the date fixed by council for enactment of the proposed budget ordinance, and notice shall be published at least twenty days prior to the time fixed by council for enactment of the proposed budget ordinance. The proposed budget ordinance shall be available for public inspection at the city clerk's office for at least ten days after the aforesaid newspaper notice is published.

(d)  The council shall, after making such changes and modifications therein as appear proper, enact the budget and any appropriation measures required to put it into effect upon the date fixed for enactment thereof, provided, however, that the budget shall reflect as nearly as possible the estimated revenues and expenditures of the city for the year for which the budget is prepared. Should it appear upon any revision of the budget that the estimated expenditures in the enacted budget would be increased more than ten per cent in the aggregate or more than twenty-five per cent in any individual item over the proposed budget, the budget shall not be enacted with any of the increases therein unless the same be again made available for public inspection for a period of at least ten days after notice to that effect is published as hereinbefore provided.

(1809 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1810.  Amending Budget; Notice.--(a)  During the month of January following the expiration of a past fiscal year, in furthering its fiduciary responsibility, the council of any city may amend the budget and the levy and tax rate to conform to its amended budget ordinance. A period of ten days' public inspection at the office of the city clerk of the proposed amended budget ordinance, after notice by the city clerk to that effect is published in a newspaper of general circulation as provided in section 109, shall intervene between council's introduction of the proposed amended budget ordinance and the enactment thereof. Any amended budget ordinance must be enacted by council on or before the fifteenth day of February.

(b)  After introduction, no proposed amended budget ordinance shall be revised upward in excess of ten per centum in the aggregate thereof or as to an individual item in excess of twenty-five per centum of the amount of such individual item in the proposed amended budget ordinance.

(1810 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1811.  Appropriations; Tax Rate; Limitations.--(a)  When all estimates for the receipts, liabilities and expenditures for the ensuing year shall be made, council shall proceed to make the annual appropriations and shall fix the tax rate at such figure as will, in combination with all other estimated receipts of the city, fully meet and cover the aggregate amount of such estimates of liabilities and expenditures for the ensuing year.

(b)  No appropriation, however, shall be made for any purpose until the interest accruing on the funded debt of the city and the principal of that part of the debt as may be coming due in that fiscal year, the salaries of officers, and the ordinary and necessary expenses of the city shall first be provided for, and no appropriation shall be made for any purpose in excess of the estimated receipts and revenues for the fiscal year for which such appropriations are made.

(1811 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1811.1.  Temporary Debt for Permanent Improvements, etc.; Payment.--(1811.1 repealed Sept. 8, 1959, P.L.802, No.299)

19310317u1811.2s

Section 1811.2.  Borrowing in Anticipation of Current Revenue.--In accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), cities may borrow money in anticipation of current revenues to an amount not exceeding the anticipated current revenues, which shall be pledged for the payment of the loan or loans, and may issue notes or other forms of obligation in evidence of the debt.

(1811.2 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 1307(b) of Act 185 of 1972 provided that section 1811.2 is repealed insofar as it relates to the authorization, issue and sale of tax anticipation notes.

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Section 1812.  Annual Reports; Publication; Filing Report with Department of Community and Economic Development; Penalty.--(a)  The chief fiscal officer shall make a report, verified by oath or affirmation, to the council at a stated meeting in April in each year of the public accounts of the city and of the trusts in its care for the preceding fiscal year, exhibiting all of the expenditures thereof, respectively, and the sources from which the revenue and funds are derived and in what measures the same have been disbursed. Each account shall be accompanied by a statement in detail of the several appropriations made by council, the amount drawn and encumbered on each appropriation and the unencumbered balance outstanding to the debit or credit of such appropriation at the close of the fiscal year.

(b)  The report, accompanied by a concise financial statement setting forth the balance in the treasury at the beginning of the fiscal year, all revenues received during the fiscal year, by major classifications, all expenditures made during the fiscal year, by major functions, and the current resources and liabilities of the city at the end of the fiscal year, the gross liability and the net debt of the city, the amount of the assessed valuation of the taxable property in the city, the assets of the city and the character and value thereof, the date of the last maturity of the respective forms of funded debt, and the assets in each sinking fund, shall be published in a newspaper of general circulation as required by section 109 at least ten days prior to the April meeting scheduled pursuant to subsection (a). Before the report or statement is made or published, it shall be approved by the independent auditor, who may approve it subject to such exceptions as the independent auditor may have thereto; provided, however, that council may cause the statement to be printed in pamphlet form in addition to the publications made as aforesaid.

(c)  The chief fiscal officer shall also, annually, make report of the financial condition of the city in the form above provided to the Department of Community and Economic Development, within ninety days after the close of the fiscal year, signed and duly verified by the oath of the chief fiscal officer and approved by the independent auditor, as above provided. Any chief fiscal officer appointed by the city refusing or wilfully neglecting to file such report shall, upon conviction thereof in a summary proceeding brought by the Department of Community and Economic Development, be sentenced to pay a fine of five dollars for each day's delay beyond ninety days, and costs. All fines recovered shall be for the use of the Commonwealth.

(d)  The report to the Department of Community and Economic Development shall be presented in a form as provided for in section 1813.

(1812 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1813.  Committee to Prepare Uniform Forms.--(a)  The uniform financial report forms, specified in the foregoing sections of this act, shall be prepared by a committee consisting of four representatives of the Pennsylvania Municipal League and the Secretary of Community and Economic Development, or the secretary's agent or designee who shall be a person trained in the field of municipal finance.

(b)  The representatives shall be appointed by the president of the organization within sixty days after the effective date of this act. Such representatives shall be chosen from among finance officers of third class cities or other officers of such cities who have knowledge of their fiscal procedures, and, as far as possible, they shall be chosen to represent cities in the various population groups within the range of cities of the third class. The president of the Pennsylvania Municipal League and other designated participants shall supply to the Secretary of Community and Economic Development the names and addresses of the representatives immediately upon their appointment.

(c)  The representatives shall serve without compensation, but they shall be reimbursed by the Commonwealth for all necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the Secretary of Community and Economic Development, or the secretary's agent or designee, who shall serve as chairperson of the committee.

(d)  It shall be the duty of the Secretary of Community and Economic Development, or the secretary's agent or designee, to see to it that the forms required by this act are prepared in cooperation with the committee. In the event that the committee should for any reason fail to furnish such cooperation, the Secretary of Community and Economic Development, or the secretary's agent or designee, shall complete the preparation of the forms. After their preparation, the Secretary of Community and Economic Development, or the secretary's agent or designee, shall issue the forms and distribute them annually, as needed, to the designated officers of each city of the third class.

(e)  No change or alteration in the forms prescribed shall be made by the Secretary of Community and Economic Development or the secretary's agent or designee, except by a majority approval of the committee, unless upon reasonable notice two or more representatives thereof fail to attend the committee meetings. In voting upon any change or alteration, each representative and the chairperson of the committee shall have one vote.

(1813 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1814.  Annual Reports to Council on Insurance and Bonds.--The chief fiscal officer shall prepare or cause to be prepared and submit to council, as council shall direct, a complete and itemized report of all policies of insurance contracted for by the city for the information and consideration of council. The chief fiscal officer shall make a like report, as council shall direct, of all bonds given for the protection of the city in whole or in part.

(1814 amended Mar. 19, 2014, P.L.52, No.22)

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ARTICLE XIX

CONTRACTS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

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Section 1901.  Power to Make and Regulate Awarding of Contracts.--(a)  Each city may make contracts for carrying into execution the provisions of this act and the laws of this Commonwealth. In addition to and consistent with the requirements of this article, council shall, by ordinance, provide for and regulate the procedures for the award of all contracts, including the purchase of supplies and materials.

(b)  Contracts for the sale of real and personal property shall be conducted in conformance with section 2402.1.

(c)  (Deleted by amendment)

(d)  (Deleted by amendment)

(e)  (Deleted by amendment)

(f)  (Deleted by amendment)

(g)  (Deleted by amendment)

(h)  (Deleted by amendment)

(i)  (Deleted by amendment)

(j)  (Deleted by amendment)

(k)  (Deleted by amendment)

(l)  (Deleted by amendment)

(1901 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 5 of Act 91 of 2011, which amended subsecs. (a), (b) and (d), provided that Act 91 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 5.

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Section 1901.1.  Contracts or Purchases in Excess of Base Amount of Eighteen Thousand Five Hundred Dollars.--(a)  Except as provided in section 1901.4(b), all contracts or purchases in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, shall be subject to advertising and competitive bidding as provided in this article.

(b)  All services and personal properties required by any city, or any department thereof, where the amount exceeds the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, shall be furnished and performed under written contract, and the contract shall be awarded and given to the lowest responsible bidder after advertising two times, each publication on a different day, in not more than two newspapers of general circulation, in accordance with the provisions of section 109, and the bids shall not be opened until at least ten days have elapsed after the advertisement. A copy of the advertisement for contracts or purchases shall be posted in the city office designated by council.

(1901.1 added Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 441 of Act 22 of 2014, which added section 1901.1, provided that the term "base amount" as used in section 1901.1 refers to the base amount as adjusted by the Department of Labor and Industry and reported in the Pennsylvania Bulletin for use in the year of the effective date of Act 22.

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Section 1901.2.  Contracts or Purchases Not in Excess of Base Amount of Eighteen Thousand Five Hundred Dollars.--With regard to all contracts or purchases not in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, the following shall apply:

(1)  The purchases or contracts shall be evidenced by note or memorandum in writing, signed by the officer or employe making the purchase or contract.

(2)  Council, or the officer designated by council, shall approve all purchases or contracts, except council need not approve those purchases or contracts within the category of small or routine purchases or incidental expenses, as defined by ordinance.

(1901.2 added Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 441 of Act 22 of 2014, which added section 1901.2, provided that the term "base amount" as used in section 1901.2 refers to the base amount as adjusted by the Department of Labor and Industry and reported in the Pennsylvania Bulletin for use in the year of the effective date of Act 22.

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Section 1901.3.  Determining Amount of Contract.--The amount of the contract shall in all cases, whether of straight sale price, conditional sale, bailment lease or otherwise, be the entire amount which the city pays to the successful bidder or the successful bidder's assigns in order to obtain the services or property, or both, and shall not be construed to mean only the amount which is paid to acquire title or to receive any other particular benefit or benefits of the whole bargain.

(1901.3 added Mar. 19, 2014, P.L.52, No.22)

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Section 1901.4.  Contracts or Purchases Not Requiring Advertising or Bidding.--(a)  City contracts or purchases, if not in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, shall not require advertising or bidding.

(b)  City contracts or purchases involving an expenditure over the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, which shall not require advertising or bidding are as follows:

(1)  Those for maintenance, repairs or replacements for water, electric light or other public works of the city, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but security may be required by council as in other cases of work done.

(2)  Those made for improvements, repairs and maintenance of any kind made or provided by any city through its own employes, except that this exception shall not apply to construction materials used in a street improvement.

(3)  Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof desired by council are patented or copyrighted products.

(4)  Those involving any policies of insurance or surety company bonds.

(5)  Those made for public utility service and electricity, natural gas or telecommunication services, provided that, in the case of utilities not under tariff with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations from at least three qualified and responsible providers. In lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified providers exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the provider and the provider's representative, the type of service that was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.

(6)  Those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal Government, any agency of the Commonwealth or the Federal Government or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal Government, or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal Government or their agencies.

(7)  Those involving personal or professional services.

(8)  Those made during a state of emergency declared by the mayor in accordance with section 1203 or those made during a disaster emergency declared by the Governor or during a local emergency in accordance with 35 Pa.C.S. Pt. V (relating to emergency management services).

(1901.4 added Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 441 of Act 22 of 2014, which added section 1901.4, provided that the term "base amount" as used in section 1901.4 refers to the base amount as adjusted by the Department of Labor and Industry and reported in the Pennsylvania Bulletin for use in the year of the effective date of Act 22.

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Section 1901.5.  Receipt, Opening, Award or Rejection of Bids.--(a)  In any case in which advertisement and bidding are required, the advertisement shall specify the time by which and place at which bids will be received and the time and place for the opening of bids.

(b)  Bids received pursuant to advertisement shall be opened publicly by council or its designated agent. The amount of each bid and any other relevant information as may be specified by council, together with the name of each bidder, shall be disclosed and recorded, and the record shall be open to public inspection.

(c)  At a public meeting of council, not more than sixty days after the receipt of bids, council shall either award the contract or shall reject all bids.

(1901.5 added Mar. 19, 2014, P.L.52, No.22)

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Section 1901.6.  Bid, Performance and Payment Security.--(a)  The following shall apply to bid security:

(1)  Council may require that bids received pursuant to advertisement be accompanied by bid security, in a reasonable amount, which shall be in the form of a certified or bank check or a bond provided by a surety company authorized to do business in this Commonwealth or another form of security as specified in the advertisement for bids.

(2)  In the event the successful bidder shall, upon award of the contract, fail to comply with the requirements of subsection (b) as to performance security, the bid security shall be forfeited to the city as liquidated damages.

(b)  The following shall apply to performance security:

(1)  In the case of a contract that had been subject to advertising and bidding, the successful bidder shall be required to furnish performance security in the form of a bond or irrevocable letter of credit in an amount equal to one hundred per centum of the contract price with suitable reasonable requirements guaranteeing the performance of the contract. Performance security shall be provided within twenty days after the contract has been awarded, unless council prescribes a shorter period of not less than ten days. Failure to furnish such security within the required time period shall void the award.

(2)  The provisions of this subsection requiring successful bidders to furnish security shall not be mandatory as to contracts for the purchase of motor vehicles or other pieces of equipment but only as to those contracts which involve furnishing of labor and materials. Council may in all cases of contracts or purchases require security for performance, delivery or other terms.

(c)  In conformity with the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," it shall be the duty of every city to require any person, partnership, association or corporation entering into a contract with such city for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind whatsoever, where the amount of the contract is in excess of ten thousand dollars, before commencing work under the contract, to provide payment security in a form acceptable to and approved by the city, which may include, but need not be limited to, a bond, Federal or Commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in the lending institutions, equal to one hundred per centum of the contract amount. The payment security shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded, or to any of the prime contractor's subcontractors, in the prosecution of the work provided for in the contract. The payment security shall be conditioned for the prompt payment of all material furnished or labor supplied or performed in the prosecution of the work under the contract.

(1901.6 added Mar. 19, 2014, P.L.52, No.22)

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Section 1901.7.  Compliance With Other Laws.--Every contract subject to this article shall comply, as applicable, with the provisions of the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act," the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," the act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act," the act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act," 62 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39 (relating to contracts for public works) and 45 (relating to antibid-rigging).

(1901.7 added Mar. 19, 2014, P.L.52, No.22)

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Section 1901.8.  Prohibitions.--No person, consultant, firm or corporation contracting with a city for purposes of rendering personal or professional services to the city shall share with any city officer or employe, and no city officer or employe shall accept, any portion of the compensation or fees paid by the city for the contracted services provided to the city.

(1901.8 added Mar. 19, 2014, P.L.52, No.22)

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Section 1901.9.  Lowest Responsible Bidder.--For purposes of this article, the lowest responsible bidder need not be the bidder submitting the lowest dollar amount bid. The city may also consider the quality of goods or services supplied, ease of repair, compatibility with other city equipment or services, responsiveness, past performance of the bidder and any other reasonable factors specified in the advertisement for bids.

(1901.9 added Mar. 19, 2014, P.L.52, No.22)

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Section 1902.  Evasion of Advertising Requirements.--No elected or appointed official or officials of any city shall evade the provisions of this article requiring advertising for bids by purchasing or contracting for services and personal properties piecemeal for the purpose of obtaining prices under the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1. This provision is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts, each for less than the advertising requirement price, or by making several simultaneous purchases or contracts, each below said price, when, in either case, the transactions involved should have been made as one transaction for one price. Any elected or appointed official who acts in violation of this provision, knowing that the transaction upon which the elected or appointed official acts is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids, shall be jointly and severally subject to surcharge for ten per centum of the full amount of the contract or purchase. Wherever it shall appear that an elected or appointed official may have acted in violation of this section but the purchase or contract on which the elected or appointed official acted was not executed, this section shall be inapplicable.

(1902 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 441 of Act 22 of 2014, which amended section 1902, provided that the term "base amount" as used in section 1902 refers to the base amount as adjusted by the Department of Labor and Industry and reported in the Pennsylvania Bulletin for use in the year of the effective date of Act 22.

Compiler's Note:  Section 5 of Act 91 of 2011, which amended section 1902, provided that Act 91 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 5.

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Section 1903.  Contracts for Less Than One Thousand Dollars; Written Bids.--(1903 repealed Oct. 9, 1967, P.L.378, No.170)

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Section 1903.1.  Adjustments to Base Amount Based on Consumer Price Index for All Urban Consumers.--

(a)  Adjustments to the base amounts specified under sections 1901.1, 1902 and 1909 shall be made as follows:

(1)  The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.

(2)  If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this section.

(3)  (i)  If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts for purposes of sections 1901.1 and 1902.

(4)  In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts for purposes of sections 1901.1 and 1902.

(5)  The determinations and adjustments required under this section shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.

(6)  The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7)  The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under section 1901.1 and advertising is required under section 1902 or separate bids are required under section 1909 for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this section for the ensuing calendar year.

(8)  The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three percent.

(1903.1 reenacted and amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 5 of Act 91 of 2011, which added section 1903.1, provided that Act 91 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 5.

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Section 1904.  Reference of Expenditures for Approval by Council.--(1904 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1905.  Personal Interest in Contracts.--(1905 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1906.  Designation of Appropriations; Certification in Excess of Appropriation; Contracts for Governmental Services for More than One Year.--With regard to any contract, council may direct the city administrator, chief fiscal officer or other designated official or employe to furnish information concerning the availability of appropriated funds to satisfy required payments under the contract. Nothing herein contained shall prevent the making of contracts for governmental services for a period exceeding one year, but any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years.

(1906 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1907.  Security for the Protection of Labor and Materialmen.--(1907 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1908.  Purchasing Department.--(1908 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1908.1.  Purchase Contracts for Petroleum Products; Fire Company, Etc., Participation.--The council of each city shall have power to permit, subject to any terms and conditions as the city may impose, any fire company, rescue company and ambulance company in the city to participate in purchase contracts for petroleum products entered into by the city. Fire company, rescue company and ambulance company participation in purchase contracts for petroleum products shall be subject to the condition that all prices shall be F.O.B. destination. If permitted by council, a fire company, rescue company or ambulance company may participate in designated petroleum product contracts entered into by the city, subject to the fire company, rescue company or ambulance company:

(1)  Having filed with the city clerk a request that it be authorized to participate in contracts for the purchase of petroleum products of the city .

(2)  Having agreed that it will be bound by any terms and conditions imposed by the city .

(3)  Having agreed that it will be responsible for payment directly to the vendor under each purchase contract.

(1908.1 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1909.  Separate Bids for Plumbing, Heating, Ventilating and Electrical Work, Elevators and Escalators.--In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of such work shall exceed the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, the architect, engineer or other person preparing such specifications shall prepare only the following separate specifications: (1) plumbing, (2) heating, (3) ventilating, (4) electrical work, (5) elevators and escalators and (6) one complete set of specifications for all the other work to be done in such erection, construction and alteration. The project manager, construction manager or other person or persons authorized by council to enter into contracts for the erection, construction or alteration of such public buildings shall receive separate bids upon each of the branches of work, and the city council or the appropriate city officer shall award the contract for the same to the lowest responsible bidder for each of the branches, including the balance of the work, in addition to the plumbing, heating, ventilating and electrical work and elevators and escalators. Where it is desired to install an air conditioning unit, the heating and ventilating so involved may be regarded as one branch of work having only one set of specifications, and bids may be received and a contract awarded thereon as hereinbefore provided.

(1909 amended Mar. 19, 2014, P.L.52, No.22)

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Compiler's Note:  Section 441 of Act 22 of 2014, which added section 1909, provided that the term "base amount" as used in section 1909 refers to the base amount as adjusted by the Department of Labor and Industry and reported in the Pennsylvania Bulletin for use in the year of the effective date of Act 22.

Compiler's Note:  Section 5 of Act 91 of 2011, which amended section 1909, provided that Act 91 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 5.

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Section 1910.  Acceptance by Contractor of Workers' Compensation Act.--

(a)  All contracts executed by any city which involve the construction or performance of any work involving the employment of labor shall contain a provision that the contractor shall accept, and file with the city, proof of compliance with or exemption from, insofar as the work covered by the contract is concerned, the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act."

(b)  A certificate of exemption from issuance may be issued on the basis of either individual self-insurance or group self-insurance.

(c)  A contractor shall file with the city any proof that the Department of Labor and Industry, with respect to certain employes, has accepted the application to be excepted from the provisions of the "Workers' Compensation Act" on religious grounds.

(d)  Any contract executed in violation of this section is void.

(1910 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1911.  Contracts for Improvements; Assignment of Assessments.--Where the whole or any part of the cost of an improvement is to be paid by assessments upon the property abutting or benefited, the city may enter into an agreement with the contractor, pursuant to which the contractor shall take an assignment of the assessments in payment of the amount due under the terms of the contract, and, in such case, the city shall not be otherwise liable under such contract.

(1911 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1912.  Architects and Engineers in Employ of City; Prohibitions from Bidding on Public Works; Penalty.--(a)  It shall be unlawful for any architect or engineer in the employ of any city to bid on any public work of the city.

(b)  It shall be unlawful for the officers of any city, charged with the duty of letting any public work, to award a contract to any architect or engineer in the employ of the city.

(c)  Any person or persons violating these provisions, or any of them, commits a misdemeanor and shall, upon conviction, be subject to forfeiting office, in accordance with section 901, and sentenced to pay a fine not exceeding five hundred dollars, or to undergo imprisonment for not less than six months, or both, in the discretion of the court. Any contract made in violation of the provisions of this section shall be null and void.

(d)  The provisions of this section shall be in addition to any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).

(1912 amended Mar. 19, 2014, P.L.52, No.22)

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Section 1913.  Contracts With Transportation Companies.--(1913 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1914.  Contracts for Relocation of Railroads.--(1914 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1915.  Contracts with Street Railways for Exclusive Right to Lay Tracks.--(1915 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1916.  Contracts with Passenger or Transportation Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I (relating to public utility code) or Federal or other state regulation of transportation or commerce, a city may, as it deems necessary for the public benefit and convenience, contract with a person or persons owning a public transportation service, railroad company, street railway, motor power company or passenger or transportation company.

(1916 added Mar. 19, 2014, P.L.52, No.22)

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Section 1917.  Sales of Personal Property.--(1917 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1918.  Street Construction and Improvement by City Employes.--(1918 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 1919.  Sales of Real and Personal Property to Certain Entities.--(1919 repealed Mar. 19, 2014, P.L.52, No.22)

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ARTICLE XX

POLICE FORCE

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

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Section 2001.  Appointment, Number, Rank, Compensation and Qualifications of Police Officers.--(a)  The council shall fix, by ordinance, the number, grades and compensation of the members of the city police force, who shall, except as provided in section 2002, be appointed in accordance with the civil service provisions of this act.

(b)  No member of the city police force having been promoted in conformity with the civil service provisions of this act shall be demoted in rank or discharged from the police force except upon proper cause shown as set forth under the civil service provisions of this act.

(c)  No police officer, after the police officer's appointment and qualification, shall hold at the same time the office of constable.

(d)  Council shall promulgate rules and regulations for the organization and government of the police force.

(2001 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2002s

Section 2002.  Designation of Chief.--The chief of police shall be designated by the mayor from within the ranks and may be demoted without cause in the same manner, but not to any rank lower than the rank which was held at the time of designation as chief of police. In the event that no qualified officer from within the ranks has applied for such designation, the chief of police shall be designated by the mayor from without the ranks. The officers, other than the chief of police, shall be designated in accordance with Article XLIV.

(2002 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2003s

Section 2003.  Extra Police Officers; Compensation.--Whenever in the judgment of the mayor it is necessary for the public safety or to preserve order, the mayor may appoint extra police officers to serve for such period as the council may designate, not exceeding thirty days, whose compensation shall be fixed by council.

(2003 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2004s

Section 2004.  Hours of Service; Exceptions; Vacations.--(2004 repealed Mar. 27, 1980, P.L.59, No.23)

19310317u2005s

Section 2005.  Powers of Police Officers to Arrest.--Police officers shall be ex-officio constables of the city, and shall and may enforce the laws of this Commonwealth or otherwise perform the functions of their office in accordance with 42 Pa.C.S. §§ 8952 (relating to primary municipal police jurisdiction) and 8953 (relating to Statewide municipal police jurisdiction) and upon property owned or controlled by the city or by a municipal authority created by the city, without warrant and upon view, arrest and commit for hearing any and all persons guilty of breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness, or who may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens, or violating any of the ordinances of the city for the violation of which a fine or penalty is imposed.

(2005 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2006s

Section 2006.  Service of Process; Fees; Payment into Treasury.--Police officers shall have authority to serve and to execute criminal process or processes issued for the violation of city ordinances and shall charge the same fees and costs as pertain by law to the constables of the city for similar services, but the fees and costs shall be paid into the city treasury monthly as herein provided.

(2006 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2007s

Section 2007.  Supervision by Mayor.--The chief of police shall obey the orders of the mayor and make report to the mayor, which report shall be presented monthly by the mayor to council.

(2007 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2008s

Section 2008.  Extra Compensation Prohibited; Exception; Penalty.--No police officer shall ask, demand or receive any compensation or reward whatsoever for the police officer's services other than that provided by ordinance, except rewards offered for the arrest of persons accused of crime committed outside of the city in which such officer is employed. Any police officer violating any of the provisions of this section commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine or undergo imprisonment, or both, at the discretion of the court, to be followed by dismissal from office.

(2008 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2009s

Section 2009.  Compensation or Insurance for Volunteer Police Officer.--Each city may make necessary appropriations to provide compensation or insurance for volunteer police officers injured or killed while engaged in the performance of such duties as may be assigned to them in the city.

(2009 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2010s

Section 2010.  School Crossing Guards.--(a)  Upon request of the board of school directors of the school district in which a city is located, the city council may appoint school crossing guards who shall have the duty of controlling and directing traffic at or near schools. They shall serve at the pleasure of the city council, except as noted in subsection (b). The compensation of the school crossing guards, if any, shall be fixed by the city council and shall be jointly paid by the city council and the board of school directors, in a ratio to be determined by the city council and board of school directors. If the city council and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by the council and the board, each shall pay one-half of the compensation of the school crossing guards.

(b)  A city council may enact an ordinance allowing a board of school directors to assume the hiring and oversight of the school crossing guards. Before city council may enact such an ordinance, the board of directors of the school district shall adopt a resolution requesting the authority to assume the hiring and oversight of the school crossing guards. The ordinance enacted by council shall outline how the city police department will provide any necessary training and assistance of the school crossing guards while on duty. School crossing guards shall not fall under the bargaining unit of the school district nor be classified as an employe as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or under any benefits as provided under the "Public School Code of 1949." After the ordinance is enacted by city council, the school district shall assume the cost of compensation, including fixing such compensation, if any, of the school crossing guards. The board of school directors shall notify the city council, mayor and police chief or commissioner of those hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.

(c)  Whether the city council appoints school crossing guards upon the request of the board of school directors or whether the city council enacts an ordinance allowing a board of school directors to assume the hiring and oversight of the school crossing guards, the following shall apply to school crossing guards:

(1)  Their duties and authority shall be restricted to the management of traffic and pedestrians in and around areas identified by the city police force and the school district superintendent or a designee.

(2)  They shall be in suitable and distinctive uniform while performing their duties as school crossing guards.

(3)  They shall not come within the civil service provisions of this act.

(4)  They shall not be entitled to participate in any city or school district pension or benefit plan or plans now in effect or hereafter effective.

(5)  Auxiliary police officers, appointed as prescribed by general law, may be designated by city council or hired by the school district, as applicable, to serve as school crossing guards.

(2010 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2101h

 

ARTICLE XXI

FIRE BUREAU

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  The act of May 31, 1933 (P.L.1108, No.272), provided for civil service commissions in cities of the third class for firefighters.

 

19310317u2101s

Section 2101.  Organization of Fire Bureau; Maintenance; Apparatus.--With regard to a city fire bureau, council shall have the authority to:

(1)  by ordinance, establish and organize a fire bureau;

(2)  make appropriations for the maintenance of the same;

(3)  promulgate rules and regulations for the government of the officers and companies belonging thereto; and

(4)  purchase equipment and apparatus for the extinguishment, prevention and investigation of fires and for the public safety.

(2101 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2101.1s

Section 2101.1.  Appointment and Demotion of Fire Chief.--The mayor, by and with approval and consent of council, shall appoint the fire chief who may be demoted without cause but not to any rank lower than the rank which the fire chief held within the department at the time of designation as fire chief . In the event that no qualified employe of the fire bureau has applied for such appointment, the fire chief shall be appointed by the mayor, by and with approval and consent of council, from without the ranks.

(2101.1 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2102s

Section 2102.  Paid Bureau; Election of Officers and Companies.--When a paid fire bureau is organized by any city, the council, except as provided by section 2101.1, may provide by ordinance for the election or appointment of the officers and companies belonging thereto, in accordance with civil service provisions where applicable. The minimum annual starting salary or compensation to be paid the officers and firefighters by any city shall be established by the city council.

(2102 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2103s

Section 2103.  Platoon System; Hours of Service.--(a)  The director of the department having charge of the fire bureau in a city may divide the officers and members of companies of the uniformed fire force in the employ of the city, and any other firefighters and drivers regularly employed and paid by the city, excepting the chief engineer and assistant chiefs, and those employed subject to call, into shifts, bodies or platoons to perform service during such hours as the director shall fix. In cases of riot, serious conflagration, times of war, public celebrations, or other such emergency, the fire chief or officer in charge at any fire shall have the power to assign all the members of the fire force to continuous duty or to continue any member thereof on duty, if necessary.

(b)  Except as provided in subsection (c), no schedule shall require a member of any shift, body or platoon to perform continuous service for a consecutive period of twenty-four hours, except in cases of emergency or as otherwise agreed through collective bargaining or an award pursuant to the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act. The provisions of this subsection shall not be deemed to alter or affect any schedules in existence prior to the effective date of this subsection.

(c)  In a city where the work schedule in existence prior to the effective date of this subsection required a work shift of less than twenty-four hours, no schedule shall require a member of any shift, body or platoon to perform continuous service for a consecutive period of twenty-four hours, except in cases of emergency or as otherwise voluntarily agreed through collective bargaining. Once so modified, no further work schedule may contain provisions reinstituting a restriction on duty of less than twenty-four hours of continuous service.

(2103 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2104s

Section 2104.  Fire Marshal; Powers.--Every city may, by ordinance, provide for the creation of the office of fire marshal who shall be appointed by the mayor, by and with the approval and consent of council, biennially. The fire marshal and any authorized assistants shall inspect all constructions or buildings within the city or upon property owned or controlled by the city or a municipal authority of the city within the Commonwealth and shall enforce all laws of the Commonwealth and ordinances of the city relating to such constructions or buildings, for the prevention, containment, or investigation of fire and fire hazards, both as to the constructions or buildings and as to the contents or occupancies thereof. The fire marshal or the fire marshal's assistants shall report to the director of public safety or to council or other designated official, as council shall by ordinance provide, any faulty or dangerous construction or building or like condition in any building that may constitute a fire hazard or any proposed use or occupation of any construction, building or premises which would create or increase a hazard of fire. The fire marshal shall investigate and keep a permanent record of the cause, origin and circumstances of every fire and the damage resulting therefrom occurring within the fire marshal's jurisdiction immediately after the occurrence of the fire. The records of the fire marshal shall be open to public inspection except as exempted in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law." The fire marshal shall submit to council an annual report consolidating the information contained in the records as directed by council. If a fire is deemed suspicious, the fire marshal shall have the authority to investigate the same.

(2104 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2105s

Section 2105.  Obstructing Fire Marshal; Fine.--It shall be unlawful for any person to obstruct or prevent or attempt to obstruct or prevent the fire marshal in the discharge of the fire marshal's duties. Council may, by ordinance, establish the types or grades of such criminal conduct and may establish fines or imprisonment, or both, for such violations. No fine so ordained shall exceed one thousand dollars for any single violation, and no imprisonment shall exceed ninety days.

(2105 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2106s

Section 2106.  Investigation of Cause of Fire; Power of Mayor.--The mayor of any city may, whenever in the mayor's judgment the occasion demands it, issue a subpoena, in the name of the Commonwealth of Pennsylvania, to any person or persons requiring the attendance of the person or persons before the mayor or the fire marshal at the time and place as may be named in the subpoena, then and there to testify, under oath or affirmation, which the fire marshal in the absence of the mayor is hereby empowered to administer, as to the origin of any fire occurring within the bounds of such city and also as to any facts or circumstances that may be deemed important to secure the detection and conviction of any party or parties guilty of the offense of arson or attempted arson.

(2106 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2107s

Section 2107.  Fire Chief Ex-officio Fire Marshal.--The fire chief of any city shall be ex-officio fire marshal thereof in any city wherein the office is not separately filled pursuant to ordinance, and in that case all the powers and duties herein given to or imposed upon the fire marshal shall be enjoyed and exercised by the fire chief.

(2107 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2108s

Section 2108.  Compensation Insurance for Injured Volunteer Firefighters or Special Fire Police.--Each city may make appropriations as may be necessary to secure insurance or compensation for volunteer firefighters killed or injured while engaged in the performance of their duties or as special fire police.

(2108 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2109s

Section 2109.  Salary of Nonunion City Fire Officers.--A fire chief or head of a fire department of a city who has been removed from bargaining units under the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act, by rulings of the Pennsylvania Labor Relations Board shall receive not less than the same dollar increase, including fringe benefits but excluding overtime and festive holiday pay, as received by the highest-ranking fire officer participating in the bargaining unit.

(2109 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2201h

 

ARTICLE XXII

SURVEYS AND SURFACE SUPPORT IN

COAL MINING AREAS

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u2201s

Section 2201.  Ordinance Creating.--(2201 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2202s

Section 2202.  Bureau, How Constituted.--(2202 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2203s

Section 2203.  Survey of Mines.--For the purpose of conducting a survey as may be required by council, the city engineer or other registered professional engineer employed by the city may enter and survey any mine or colliery, within the limits of the city, in whole or in part, at all reasonable times, either by day or night, but not so as to impede nor obstruct the workings of the mine or colliery; and may take with them other persons necessary for the purpose of making a survey. The owner, operator or superintendent of such mine or colliery shall furnish the means necessary for the entry, survey and exit.

(2203 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2204s

Section 2204.  Operators to Furnish Maps; Contents.--The owner, operator or superintendent of every coal mine or colliery within the limits of the city, in whole or in part, shall, at the request of council, make or cause to be made and furnished to the city engineer an accurate map or plan of the workings or excavations of each coal mine or colliery, or parts thereof, within the limits of the city.

(2204 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2205s

Section 2205.  Extensions to be Placed on Maps.--Not less than once in every three months, a map that has been provided to a city, at the request of council, pursuant to section 2204, shall be updated at the direction of the mine owner, operator or superintendent. The updated map shall show all the extensions made in any mine, wholly or partially within the limits of the city, and not already so placed upon the map, except those made within thirty days immediately preceding the time of placing the extensions upon the map.

(2205 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2206s

Section 2206.  Certain Surface Supports Not to be Removed.--It shall be unlawful for any person, partnership, association, or corporation to dig, mine, remove, or carry away the coal, rock, earth, or other minerals or materials forming the natural support of the surface beneath the streets and places of any city to such an extent and in such a manner as to thereby remove the necessary support of the surface, without having first placed or constructed an artificial permanent support sufficient to uphold and preserve the stability of the surfaces of such streets and places.

(2206 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2207s

Section 2207.  Penalty for Surface Support Violations.--Any person, corporation or association violating the provisions of this article concerning surface support of streets and places within the city commits a misdemeanor and shall, upon conviction, be sentenced for such offense to pay a fine not exceeding one thousand dollars, or imprisonment for a period not exceeding ninety days, or both, and each day in which such violation continues shall constitute an additional and separate offense.

(2207 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2208s

Section 2208.  General Penalties.--(2208 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2209s

Section 2209.  Enactment of Ordinances.--Council may enact such ordinances as may be necessary for the enforcement of the provisions of this article and provide penalties for the violation thereof.

(2209 reenacted Mar. 19, 2014, P.L.52, No.22)

19310317u2301h

 

ARTICLE XXIII

PUBLIC HEALTH

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  Board of Health

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u2301s

Section 2301.  Board of Health.--Each city shall have a board of health. Council may, by ordinance, create a board of health, or, in lieu thereof, council shall be the board of health. If council is the board of health, members of council shall receive no additional compensation for serving on the board.

(2301 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2302s

Section 2302.  Members of Appointed Boards of Health.--(a)  Council shall appoint five members to a board of health created by ordinance. Appointed members shall serve without compensation. Except in the case of an appointed member who is a licensed or certified health care professional that has a principal office in the city, members of the appointed board of health shall be residents of the city.

(b)  Two members of the board shall be licensed or certified health care professionals unless council cannot identify two such professionals who are willing to serve, in which case, one member shall be a licensed or certified health care professional. If no licensed or certified health care professional can be identified to serve on the board, council may, in lieu thereof, appoint any individual who has experience or is knowledgeable of public health issues.

(c)  Health care professionals pursuant to this section must be licensed or certified by the State Board of Medicine, the State Board of Examiners of Nursing Home Administrators, the State Board of Podiatry, the State Board of Veterinary Medicine, the State Board of Occupational Therapy Education and Licensure, the State Board of Osteopathic Medicine, the State Board of Pharmacy, the State Board of Physical Therapy, the State Board of Nursing, the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, the State Board of Chiropractic, the State Board of Dentistry, the State Board of Optometry, the State Board of Psychology or the State Board of Examiners in Speech-Language and Hearing.

(d)  After the creation of the board, by ordinance, council shall designate one appointee for a term of one year, another for a term of two years, and so on up to five; thereafter, one member of the board shall be appointed annually to serve for a term of five years from the first Monday of January succeeding the member's appointment.

(e)  Council may remove appointed members of the board for official misconduct or neglect of duty.

(f)  All vacancies on appointed boards shall be filled by council appointing a qualified person to membership on the board for the unexpired term of the person whose membership had been vacated.

(2302 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2303s

Section 2303.  Oath of Office; Organization; Secretary.--(a)  Each member of the board of health shall take the oath of office prescribed in section 905.

(b)  The board of health shall organize annually on the first Monday of January and shall elect a president annually from among its members.

(c)  Council shall appoint a secretary of the board of health who is not a member of the board of health. The secretary shall receive a salary as approved by council.

(2303 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2303v

 

Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

19310317u2304s

Section 2304.  Duties of Secretary.--The secretary of the board shall have the power and the secretary's duty shall be as follows:

(1)  To keep the minutes of the proceedings of the board and accurate accounts of the expenditures of the board.

(2)  To draw all requisitions for the payment of moneys on account of the board of health from appropriations made by the council to the board and shall present the same to the president of the board for the president's approval.

(3)  To render statements of the expenditures to the board at each stated meeting or as frequently as the board may require.

(4)  To prepare, under the directions of the board, the annual report to council, together with the estimate of appropriations needed for the ensuing year.

(5)  To make such reports to the State Department of Health as are required by law or by rule or regulation of the department.

(6)  To make such other reports and perform such other duties as are required by law or by the board of health.

(2304 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2305s

Section 2305.  Health Officer; Qualifications; Oath.--(a)  Council shall, by ordinance, determine the manner and method of selection of a health officer who shall be a person with experience or training in public health work and who shall be or, within six months of taking the oath of office, shall become certified for the office of health officer by the State Department of Health. The health officer shall take the oath required of members of the board. The health officer shall be the agent of the board of health but shall not serve as a member of the board of health.

(b)  City council may appoint, as the principal health officer of the city, the manager or chief administrator employed and compensated by a nonprofit corporation which may be appointed as a board of health in accordance with subdivision (c). The manager or chief administrator, to be eligible for appointment, must be a reputable physician with at least five years' experience in the practice of the physician's profession or in public health work. The principal health officer, appointed pursuant to this subsection, shall have all the powers and authority and duties now or hereafter to be conferred or prescribed by law upon principal health officers.

(2305 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2305v

 

Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

19310317u2306s

Section 2306.  Duties of Health Officer.--(a)  The duties of the health officer shall include the following:

(1)  To attend all regular and special meetings of the board of health .

(2)  To be available for the prompt performance of the health officer's official duties .

(3)  To quarantine places of communicable diseases in accordance with law and with the rules and regulations of the State Department of Health or of the city board of health.

(4)  To execute all laws and rules or regulations for the disinfection of quarantined places.

(5)  To serve written notice on teachers and persons in charge of public, parochial, Sunday and other schools requiring the exclusion from school of children who are suffering from, or who reside with persons who are suffering from, communicable diseases.

(6)  To make sanitary inspections subject to constitutional standards in a similar manner as provided in section 2308.

(7)  To execute the orders of the board of health and all other laws, rules and regulations and orders pertaining to the health officer's office.

(b)  The health officer shall to the extent the health officer's duties have the power to issue citations for the violation of applicable laws or ordinances.

(2306 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2307s

Section 2307.  Duties of Board of Health.--(a)  The board of health shall undertake to prevent or diminish the introduction or further spread of infectious or contagious diseases and otherwise to protect and increase the public health by regulating communication with places of infection or contagion, by isolating carriers of infection or contagion or persons who have been exposed to any infectious or contagious disease, by abating or removing all nuisances which the board shall deem prejudicial to the public health, and by enforcing the vaccination laws; and the board shall make all such rules and regulations as to it appear proper for the preservation or improvement of the public health, consistent with this article and the laws of the Commonwealth.

(b)  In carrying out its duties under this act, the board of health shall, if authorized, enforce the laws of the Commonwealth that are relevant to and relate to its duties.

(c)  The board of health shall transmit to the State Department of Health all of its reports and publications and such other information regarding public health in the city as may be requested or required by the department.

(2307 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2308s

Section 2308.  Powers of Board of Health.--The board of health shall have authority:

(1)  If authorized by council, to employ agents and employes at rates of compensation approved by council.

(2)  To enter upon any premises whatsoever within the city as a body or by committee or by its agents or employes, which premises are suspected of infectious or contagious disease or of any other nuisance prejudicial to the public health, or of the danger of them, for the purpose of examining the premises or of preventing, confining or abating public nuisances. The following apply:

(i)  In the event that entry upon any premises is refused by an owner, an agent of an owner, or tenant, the board of health shall obtain an administrative search warrant from any magisterial district judge within the judicial district wherein lies the premises to be inspected.

(ii)  It shall be sufficient to support the issuance of a warrant for the board of health to provide to the magisterial district judge evidence of any of the following:

(A)  Reasonable standards and an administrative plan for conducting inspections.

(B)  The condition of the premises or general area and the passage of time since the last inspection.

(C)  Facts, supported by an oath or affirmation, alleging that probable cause exists that a law, regulation or ordinance subject to enforcement by the board of health has been violated.

(3)  To conduct investigations and to hold public hearings in the performance of its duties and powers, wherein the president and secretary of the board shall have full power to administer oaths and affirmations but shall receive no fee therefor. For such purposes, the board of health may require the attendance of witnesses and their books and papers in accordance with section 917.

(4)  To publish and enforce its rules and regulations as approved by council.

(5)  If approved by council, to provide for or cooperate in providing for general and gratuitous vaccination, disinfection and other public health control programs, and likewise to make available medical relief in such ways as in its opinion will benefit the public health.

(6)  To provide, in accordance with subdivision (b), for the prevention, abatement and removal of conditions found by it to be detrimental to the public health as public, not private, nuisances or to declare and certify to council the conditions and the premises or ways or places harboring the condition to be public, not private, nuisances.

(7)  (Deleted by amendment)

(8)  (Deleted by amendment)

(9)  (Deleted by amendment)

(10)  (Deleted by amendment)

(11)  (Deleted by amendment)

(2308 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2309s

Section 2309.  Effect of Rules and Regulations.--Rules and regulations adopted by the board of health shall be presented to city council for its approval. City council shall have the authority to approve, by ordinance, the rules and regulations submitted by the board of health. Upon approval by council, the rules and regulations of the board of health shall have the force and effect of ordinances of the city. The ordinance approving the rules and regulations may incorporate them by reference. Council shall provide a place for the public to view the rules and regulations. The ordinance approving the rules and regulations shall prescribe the penalties, fines or imprisonment for violations thereof.

(2309 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2310s

Section 2310.  Fees and Penalties.--All fees and penalties collected or received by the board or any officer thereof acting in an official capacity shall be paid as received to the city treasurer for the use of the city.

(2310 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2311s

Section 2311.  Proceedings of Board to be Public.--The proceedings of the board shall be public and its journal of proceedings shall be open to public inspection.

(2311 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2320h

 

(b)  Public Nuisances Detrimental to Public Health

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u2320s

Section 2320.  Determination of Public Nuisances.--(a)  Any condition or usage whatsoever in or about the buildings, structures or land, or the streets or private ways and places, or elsewhere, within the city, whether public or private, if determined by the board of health to be detrimental to the public health shall constitute a public nuisance. Whenever in this subdivision the words "public nuisance" or "nuisance" are used, they shall be deemed to mean a nuisance detrimental to the public health, unless a different meaning is specified.

(b)  The powers of investigation and entering upon premises vested in the board of health and its agents and employes pursuant to its orders shall be available for the determination of public nuisances.

(2320 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2321s

Section 2321.  Abatement of Public Nuisances by Designated Department.--(a)  If, in accordance with this subdivision, the board of health determines that a public nuisance exists, it shall report its determination, along with any request for summary abatement, to the department designated by council in section 2702-A, relating to the report and investigation of a public nuisance.

(b)  Notwithstanding any other provision of Article XXVII-A, the department designated to abate public nuisances shall proceed as follows:

(1)  The report to the designated department that the board of health has determined that a public nuisance exists shall be deemed a determination by the designated department that a public nuisance exists as required by section 2702-A(d)(1).

(2)  Summary abatement, if requested by the board of health, shall be pursued if the designated department finds that the criteria set forth in section 2702-A(d)(2) exists.

(3)  If summary abatement is not pursued, the designated department shall proceed with abatement with prior notice in accordance with Article XXVII-A.

(2321 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2322s

Section 2322.  Contents of Notice.--(2322 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2323s

Section 2323.  Hearing; Disposition.--(2323 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2324s

Section 2324.  Abatement of Public Nuisances by Board of Health or City.--(2324 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2330h

 

(c)  Corporations Acting as Boards of Health

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u2330s

Section 2330.  Board of Directors of Corporation to be Appointed Members of Board of Health.--(a)  City council may, by ordinance, appoint the members of a board of directors of a nonprofit corporation as the board of health for the city for a term of five years provided that the nonprofit corporation:

(1)  Has as its principal purpose to substantially preserve and promote the health of the public of the city and to control and eliminate disease.

(2)  Has sufficient means to render valuable assistance to the city's public health affairs in the opinion of city council and the State Department of Health.

(3)  Is properly organized and managed.

(4)  Has no fewer than five and no more than nine members on the board of directors.

(5)  Has at least two reputable physicians on the board with each having no less than five years' experience in the practice of the physician's profession.

(b)  When the office of any member of the board of directors terminates pursuant to the nonprofit corporation's charter or bylaws, the office of the member of the board of health shall also terminate with the resulting vacancy to be filled as hereinafter provided.

(c)  If the number of the board of directors of the nonprofit corporation increases, subject to the limitation of a maximum of nine members, city council may appoint any person added to the corporation's board of directors as an additional member of the board of health for a term equal to the unexpired term of the other members. This additional appointment shall be subject to any subsequent termination resulting from a limitation in the corporation's charter and bylaws.

(2330 amended Mar. 19, 2014, P.L.52, No.22)

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Section 2331.  Councilmen and School Directors Eligible for Appointment.--(2331 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2332s

Section 2332.  Power of Board.--The board of health under this subdivision shall have all the power and authority and perform the duties now or hereafter conferred and prescribed by law upon boards of health of cities.

(2332 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2333s

Section 2333.  Health Officer.--Pursuant to section 2305(b), city council may appoint the manager or chief administrator of a nonprofit corporation as the principal health officer of the city.

(2333 amended Mar. 19, 2014, P.L.52, No.22)

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Section 2334.  Secretary.--The secretary of the board of directors of the nonprofit corporation under this subdivision may serve as secretary of the board of health.

(2334 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2335s

Section 2335.  Filling of Vacancies.--City council may appoint successors for vacancies on the board of health that occur as five-year terms of board members expire. The successors shall serve for five-year terms. City council may also appoint successors to vacancies on the board of health that occur for any other reason, but in such case the appointment shall be for the unexpired portion of the five-year term. Successors, whether appointed for a five-year term or the unexpired portion of a five-year term, shall be selected from the members of the nonprofit corporation's board of directors.

(2335 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2336s

Section 2336.  Appointment and Removal of Health Employes.--(2336 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2337s

Section 2337.  No Compensation for Members.--The members of the board of health under this subdivision shall serve without compensation from the city.

(2337 amended Mar. 19, 2014, P.L.52, No.22)

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Section 2338.  Applicability of Subdivision.--This subdivision shall be effective only under the circumstances set forth in section 2330.

(2338 added Mar. 19, 2014, P.L.52, No.22)

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(d)  Penalty

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

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Section 2340.  Penalty.--Any person violating any provision of this article or any order or regulation of the board of health made under the authority of this article, or of any law, or regulation or ordinance therein referred to or authorized, or who shall obstruct or interfere with any person in the execution of any order or regulation of the board, or wilfully and illegally omit to obey any order or regulation of the board commits a summary offense punishable in accordance with sections 1018.16 and 1018.17.

(2340 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2401h

 

ARTICLE XXIV

CORPORATE POWERS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u2401s

Section 2401.  Existing Powers Saved.--(2401 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2402s

Section 2402.  Powers of Cities.--(a)  Each city is hereby declared to be a body corporate and politic, and shall have perpetual succession, and may:

1.  Sue and be sued.

2.  Have and use a corporate seal, and alter the same at pleasure. Every such seal shall have upon it the word "Pennsylvania," the name of the city, and the year of its original incorporation.

3.  Display the flag of the United States, the Commonwealth or of any county, city, borough or other municipality in the Commonwealth on the public buildings of the city.

4.  Appropriate money for the exercise of powers expressed or implied in this act or any other applicable law, and for like uses to accept gifts or grants of money, other property or services from public or private sources.

5.  (Deleted by amendment)

6.  (Deleted by amendment)

7.  (Deleted by amendment)

(b)  The powers granted in this act shall be exercised in the manner herein provided.

(2402 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2402.1s

Section 2402.1.  City Property and Affairs.--(a)  In exercising its discretion to make decisions that further the public interest under terms it deems most beneficial to the city, council shall have the power and authority, subject to any restrictions, limitations or exceptions as set forth in this act, to do any of the following:

(1)  Purchase, hold, use and manage real and personal property.

(2)  Exchange personal property.

(3)  Lease, sell and convey real and personal property owned by the city.

(4)  Make contracts and do all other acts respecting city property and affairs as council may deem conducive to the public interest and necessary to the exercise of the city's corporate and administrative powers.

(b)  No real estate owned by the city may be sold except upon approval of council by resolution. Additionally, no real estate owned by the city shall be sold for a consideration in excess of one thousand five hundred dollars, except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction in one newspaper of general circulation in the city. The advertisement shall be published once not less than ten days prior to the date fixed for the opening of bids or public auction, and the date for opening bids or public auction shall be announced in the advertisement. The award of contracts shall be made only by public announcement at a regular or special meeting of council or at the public auction. All bids shall be accepted on the condition that payment of the purchase price in full shall be made within sixty days of the acceptance of bids. The city council shall have the authority to reject all bids which it deems to be less than the fair market value of the real property. In the case of a public auction, the city council may establish a minimum bid based on the fair market value of the real property. If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed. Real estate owned by a city may be sold at a consideration of one thousand five hundred dollars or less without advertisement or competitive bidding only after council estimates the value thereof upon receipt of an appraisal by a qualified real estate appraiser. This section shall not apply if council is exercising its authority to exchange city real property for real property of equal or greater value, provided that the property being acquired by the city is to be used for municipal purposes. If council chooses to exercise its power of real property exchange pursuant to this section, it shall be by resolution adopted by council. Notice of the resolution, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than sixty days nor fewer than seven days prior to adoption.

(c)  No city personal property shall be disposed of, by sale or otherwise, except upon approval of council by resolution. Council shall estimate the sale value of the entire lot to be disposed of. If council shall estimate the sale value to be less than one thousand dollars, council may sell the property, in whole or in part, for the best price or prices obtainable. If council shall estimate the sale value to be one thousand dollars or more, the entire lot shall be advertised for sale in at least one newspaper of general circulation in accordance with the provisions of section 109, and sale of the property advertised shall be made to the best responsible bidder. The bids shall not be opened until at least ten days after the newspaper advertisement. The provisions of this subsection shall not be mandatory where city personal property is to be traded in or exchanged for other personal property. Council may sell any personal property at auction pursuant to subsection (d), but shall observe the same notice requirements as contained in this subsection.

(d)  In regards to the sale of personal property of the city, an auction may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement pursuant to the notice requirements in subsection (c). During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase their bid prices during the electronic auction. The record of the electronic auction shall be accessible for public inspection. The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by council. In the event that shipping costs are incurred, they shall be paid by the high bidder. A city that has complied with the advertising requirements of subsection (c) may provide additional public notice of the sale by bids or auction in any manner deemed appropriate by council. The newspaper advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(e)  Any requirement for advertising for bids and sale to the highest bidder imposed by this act or by a city pursuant to this section shall not apply where city real or personal property is sold to the following, provided that, when any real property is no longer used for the purpose of the conveyance, the real property shall revert to the city:

(1)  The Federal Government, the Commonwealth, a municipality, home rule municipality, institution district or school district.

(2)  A volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the city or providing emergency services in the city.

(3)  A municipal authority, a housing authority created pursuant to the act of May 28, 1937 (P.L.955, No.265), known as the "Housing Authorities Law," an urban redevelopment authority created pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law," a parking authority created under 53 Pa.C.S. Ch. 55 (relating to parking authorities) or under the former act of June 5, 1947 (P.L.458, No.208), known as the "Parking Authority Law," or a port authority created pursuant to the act of December 6, 1972 (P.L.1392, No.298), known as the "Third Class City Port Authority Act."

(4)  A nonprofit corporation engaged in community industrial development.

(5)  A nonprofit corporation organized as a public library.

(6)  A nonprofit medical service corporation.

(7)  A nonprofit housing corporation.

(8)  A nonprofit museum or historical organization.

(f)  When real or personal property is sold pursuant to subsection (e)(5), (6) or (7), the city may accept such nominal consideration as it shall deem appropriate.

(2402.1 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2402.2s

Section 2402.2.  Typewritten, Printed, Photostated and Microfilmed Records Valid; Recording or Transcribing Records.--(2402.2 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2403s

Section 2403.  Payment of Debts and Expenses.--Council may provide for the payment of the debts and expenses of the city, and to appropriate money therefor.

(2403 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2404s

Section 2404.  Creation of Capital and Operating Reserve Funds.--(a)  Council may create and maintain a separate capital reserve fund for any anticipated capital expenses, which fund shall be designated for a specific purpose or purposes when created. The moneys in the fund shall be used for no other purpose unless the council declares that conditions in the city make other expenses more urgent than those for which the fund was created. Council may appropriate moneys from the general city funds to be paid into the capital reserve fund or place in the fund any moneys received from the sale, lease or other disposition of any city property or from any other source.

(b)  With regard to an operating reserve fund, the following shall apply:

(1)  Council shall have the power to create and maintain a separate operating reserve fund in order to:

(i)  minimize future revenue shortfalls and deficits;

(ii)  provide greater continuity and predictability in the funding of vital government services;

(iii)  minimize the need to increase taxes to balance the budget in times of fiscal distress; and

(iv)  provide the capacity to undertake long-range financial planning and to develop fiscal resources to meet long-term needs.

(2)  Council may annually make appropriations from the general city fund to the operating reserve fund, but no appropriation shall be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed twenty-five per centum of the estimated revenues of the city's general fund in the current fiscal year.

(3)  Council may, at any time by resolution, make appropriations from the operating reserve fund for the following purposes only:

(i)  to meet emergencies involving the health, safety or welfare of the residents of the city;

(ii)  to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source;

(iii)  to counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services; or

(iv)  to provide for anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if, for each such project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund.

(c)  The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of this act relating to the investment of city funds generally.

(2404 added Mar. 19, 2014, P.L.52, No.22)

19310317u2405s

Section 2405.  Hiring of Employes; Salaries.--Council may provide for and regulate the manner of hiring and discharging employes and the fixing of their salaries or compensation, consistent with applicable Federal and State law.

(2405 added Mar. 19, 2014, P.L.52, No.22)

19310317u2406s

Section 2406.  Creation of Necessary Offices or Boards.--In addition to the city departments established in accordance with Article XI, council may create any city office, or public board, bureau or commission, which it may deem necessary for the good of government and interests of the city, and, with regard to an office or membership on a board, bureau or commission, unless otherwise provided by this act, council may make appointments thereto and regulate and prescribe the terms, duties and compensation thereof.

(2406 added Mar. 19, 2014, P.L.52, No.22)

19310317u2407s

Section 2407.  Lockups.--(a)  Council may provide for lockup facilities as deemed necessary for the detention and confinement of persons.

(b)  No city shall erect or construct a city jail or lockup, or use any existing building or lockup for the first time that will be or is located within five hundred feet of any public school building.

(2407 added Mar. 19, 2014, P.L.52, No.22)

19310317u2408s

Section 2408.  Market Places.--Council may:

(1)  Purchase, lease and own ground for market places.

(2)  Erect, maintain and establish market places.

(3)  Provide for and enforce suitable general market regulations.

(4)  Contract with any person or persons or association of persons, companies or corporations for the erection and regulation of market places, on such terms and conditions and in such manner as council may prescribe.

(5)  Levy and collect a license fee from every person or persons who may be authorized by council to occupy any portion of the streets, sidewalks or city property for temporary market purposes.

(2408 added Mar. 19, 2014, P.L.52, No.22)

19310317u2409s

Section 2409.  Accumulation of Ashes, Garbage, Solid Waste and Refuse Materials.--(a)  Council in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the "Solid Waste Management Act," and the act of July 28, 1988 (P.L.556, No.101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," may prohibit accumulations of ashes, garbage, solid waste and other refuse materials upon private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal thereof.

(b)  Council may collect and remove, by contract or otherwise, ashes, garbage, solid waste and other refuse materials and recyclables and prescribe penalties for the enforcement thereof. Any contract with refuse haulers may be made for an initial period not exceeding five years with optional renewal periods of up to five years. This limitation does not apply to contracts with any other county or municipal corporation.

(c)  Council may dispose of, by contract or otherwise, ashes, garbage, solid waste or other refuse materials. Any contract with the owner of a private facility for the disposal or incineration of ashes, garbage, solid waste or other refuse materials may be made for a period not exceeding twenty years. This limitation does not apply to contracts with any county or municipal corporation.

(d)  Council may acquire any real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the city, including equipment, either separately or jointly, with any county or municipal corporation in order to provide for the destruction, collection, removal and disposal of ashes, garbage, solid waste or other refuse materials, for the collection and storage of recyclable materials or for the composting of leaf and yard waste. Council may provide for the payment of the cost thereof out of the funds of the city. Council may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and maintain lands and places for the dumping of ashes, garbage, solid waste or other refuse materials. If council acquires land outside the limits of the city by exercising the power of eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(e)  Council may establish, alter, charge and collect rates and other charges for the collection, removal and disposal of ashes, garbage, solid waste, other refuse materials and recyclable materials, and the cost of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities therefore, and the amount due under any contract with any county or municipal corporation furnishing the services or facilities. The rates and other charges shall be collected pursuant to the Municipal Claim and Tax Lien Law, or by an action in assumpsit.

(f)  Council may make appropriations to any county or municipal corporation for the construction, purchase, improvement, repair, maintenance and operation of any facilities for the collection, removal, disposal or marketing of ashes, garbage, solid waste, other refuse materials, recyclable materials or composted leaf and yard waste.

(g)  A city shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the city when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."

(2409 added Mar. 19, 2014, P.L.52, No.22)

19310317u2410s

Section 2410.  Regulation of Pets and Feral Animals.--Council may, by ordinance, prohibit and regulate the running at large of dogs, cats, other pets and feral animals.

(2410 added Mar. 19, 2014, P.L.52, No.22)

19310317u2411s

Section 2411.  Inspection and Regulation of Fireplaces, Chimneys, Et Cetera; Smoke Regulations.--In conformity with Federal and State laws and regulations, council may regulate and inspect fireplaces, chimneys and other sources of smoke and fly-ash to control the production and emission of unnecessary smoke and fly-ash.

(2411 added Mar. 19, 2014, P.L.52, No.22)

19310317u2412s

Section 2412.  Fireworks and Inflammable Articles.--In conformity with Federal and State laws and regulations, council may:

(1)  Regulate and prohibit the manufacture of fireworks or inflammable or dangerous articles.

(2)  Grant permits for supervised public displays of fireworks and adopt rules and regulations governing the displays.

(3)  Adopt rules and regulations not inconsistent with State regulations relating to the storage of inflammable articles.

(4)  Impose other safeguards concerning inflammable articles as may be necessary.

(2412 added Mar. 19, 2014, P.L.52, No.22)

19310317u2413s

Section 2413.  Regulation of Division Fences, Party Walls, Foundations.--(a)  Subject to the provisions of and regulations adopted pursuant to the Pennsylvania Construction Code Act and other applicable law, council may provide regulations for party walls and division fences and for the foundations of buildings, and for entering upon the land or lands, lot or lots, of any person or persons, within the city, at all reasonable hours, by its duly appointed city engineer, or building inspectors, in order to enforce the regulations and set out foundations. Council may also prescribe reasonable fees for the service of city officers in the inspection and regulation of party walls, division fences and foundations and may enforce the payment of the same. Council may provide fines or penalties for violations of an ordinance enacted pursuant to this section.

(b)  In setting out foundations and regulating party walls as to breadth and thickness, the city shall cause the foundations to be laid equally upon the lands of the persons between whom the party wall is to be made. The cost of the foundation and party wall shall be divided proportionately among the property owners sharing the same. The property owners shall either share the expense when the foundation is laid and the party wall is erected or when the subsequent building is erected if all buildings are not erected at the same time.

(2413 added Mar. 19, 2014, P.L.52, No.22)

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Section 2414.  Nuisances.--Council may prohibit and abate public nuisances in accordance with Article XXVII-A.

(2414 added Mar. 19, 2014, P.L.52, No.22)

19310317u2415s

Section 2415.  Regulation of Encroachments.--In compliance with applicable State laws and city ordinances, council may provide for the regulation of all encroachments in, under or upon any of the sidewalks or other portion of the streets of the city.

(2415 added Mar. 19, 2014, P.L.52, No.22)

19310317u2416s

Section 2416.  Shade Trees.--(a)  Council may, by ordinance, regulate the manner and method, if any, for the planting, trimming, removing, maintaining and protection of shade trees in, on and along or extending over the public streets, sidewalks and rights-of-way of the city and provide for penalties for violations thereof. The cost of such activities may, at council's discretion, be assessed against the owners of the properties abutting the street, sidewalk or right-of-way upon which any tree is located pursuant to Article XLV-A, except that the cost and expense of caring for trees after they have been planted shall be paid by the city.

(b)  Council may, by ordinance, provide for the creation of a shade tree commission, its composition, powers and duties and delegate council's authority for regulating shade trees to the commission. Alternatively, council may delegate its regulatory powers for shade trees to an existing department. If a shade tree commission is established, its meeting shall be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(2416 added Mar. 19, 2014, P.L.52, No.22)

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Section 2417.  Numbering of Buildings.--Council may require and regulate the numbering of buildings and lots.

(2417 added Mar. 19, 2014, P.L.52, No.22)

19310317u2418s

Section 2418.  Transportation Stands.--Council may establish stands for taxis, buses, automobiles and other vehicles for hire and enforce the observance and use thereof.

(2418 added Mar. 19, 2014, P.L.52, No.22)

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Section 2419.  Police Force.--(a)  Council shall have the power to establish and maintain a police force and define the duties of the same in accordance with Article XX.

(b)  Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), council shall have the power to provide for police services to be performed by municipal police officers by contract or by purchase of the police services or by joining or developing a consolidated regional police service.

(2419 added Mar. 19, 2014, P.L.52, No.22)

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Section 2420.  Police Regulations.--Council may establish and enforce suitable police regulations for the protection of persons and property.

(2420 added Mar. 19, 2014, P.L.52, No.22)

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Section 2421.  Rewards.--Council may offer rewards for the arrest and conviction of persons guilty of capital or other crimes within the city.

(2421 added Mar. 19, 2014, P.L.52, No.22)

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Section 2422.  Prevent Riots.--Council may prevent and restrain riots, noises, disturbances or disorderly assemblies in any street, house or place in the city.

(2422 added Mar. 19, 2014, P.L.52, No.22)

19310317u2423s

Section 2423.  Regulate Discharge of Guns and Deadly Weapons.--To the extent permitted by Federal and other State law, council may regulate, prohibit and prevent the discharge of guns and prevent the carrying of concealed deadly weapons.

(2423 added Mar. 19, 2014, P.L.52, No.22)

19310317u2424s

Section 2424.  Racing; Dangerous Practices; Et Cetera.--With regard to streets and public places in the city, council may regulate or prohibit racing or fast driving of vehicles and all games, practices or amusements likely to result in danger or damage to any person or property.

(2424 added Mar. 19, 2014, P.L.52, No.22)

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Section 2425.  Bathing; Recreational Swimming Establishments; Boat Houses and Bath Houses.--To the extent permitted by the act of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing Law," council may regulate the time and place of bathing in rivers and other public water in and adjoining the city and may construct, maintain and manage municipal boat houses, bath houses and recreational swimming establishments.

(2425 added Mar. 19, 2014, P.L.52, No.22)

19310317u2426s

Section 2426.  Musical Entertainment.--Council may appropriate money to defray the expenses of musical entertainments held under the auspices of the city and for the purpose of having music in any public park or place.

(2426 added Mar. 19, 2014, P.L.52, No.22)

19310317u2427s

Section 2427.  Aid to Historical Societies.--Council may make annual appropriations for the support and maintenance of the principal historical society located in the city, which shall be incorporated under the laws of the Commonwealth, shall maintain permanent quarters and shall keep the same open to the public.

(2427 added Mar. 19, 2014, P.L.52, No.22)

19310317u2428s

Section 2428.  Establishment of Institutions to Collect Educational Collections.--Council may establish institutions authorized to collect and hold certain scientific, educational and economic collections, the object of each being the instruction of the public concerning commerce, manufacturing, mining and agriculture. The institutions may purchase or accept by gift any real estate, money or personal property necessary for their use and promotion. The institutions may use, convey, or transfer the same as if they were bodies corporate, and these institutions shall be governed by boards of trustees, nominated, appointed and confirmed in the manner council may determine.

(2428 added Mar. 19, 2014, P.L.52, No.22)

19310317u2429s

Section 2429.  Ambulances and Rescue and Lifesaving Services.--Council may acquire, operate and maintain motor vehicles for the purposes of conveying sick and injured persons to and from hospitals, and it may appropriate moneys toward ambulance and rescue and lifesaving services and make contracts relating thereto.

(2429 added Mar. 19, 2014, P.L.52, No.22)

19310317u2430s

Section 2430.  Insurance.--(a)  Council, in its discretion or as required by law or a collective bargaining agreement, may make contracts of insurance and contracts for annuities or pensions, including, but not limited to, the following:

(1)  Contracts of insurance with any mutual or other fire insurance company, association or exchange, duly authorized by law to transact insurance business in this Commonwealth, on any building or property owned by the city and contracts to insure against burglary or theft of city property, or against fire and other calamities, and against public liability.

(2)  Contracts of insurance with any insurance company, or nonprofit hospitalization corporation, or nonprofit medical service corporation, authorized to transact insurance business within this Commonwealth, insuring elected or appointed officers, officials and employes of the city, or any class or classes thereof, or their dependents, under a policy or policies of group insurance covering life, health, hospitalization, medical service or accident insurance.

(3)  Contracts to purchase annuities or pensions for elected or appointed officers, officials and employes, or any class or classes thereof.

(b)  In the case of contracts for the benefit of elected or appointed officers, officials and employes of the city, or any class or classes thereof, or their dependents, the city may, as determined by council or as required by law or a collective bargaining agreement, pay part or all of the premiums or charges for the contracts.

(2430 added Mar. 19, 2014, P.L.52, No.22)

19310317u2431s

Section 2431.  Parking Lots.--Council may acquire by lease, purchase or condemnation proceedings, land which in its judgment may be necessary and desirable for the purpose of establishing and maintaining lots for the sole purpose of parking motor vehicles. Council may regulate the use of the land, including the posting of signs, and may establish or designate areas exclusively reserved for parking by persons with disabilities. Such regulation of parking lots shall be consistent with 75 Pa.C.S. (relating to vehicles) and the act of October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania Human Relations Act."

(2431 added Mar. 19, 2014, P.L.52, No.22)

19310317u2432s

Section 2432.  Disorderly Conduct.--Council may, by ordinance, prohibit disorderly conduct within the limits of the city and provide for the imposition of penalties in accordance with this act. If an ordinance is enacted, it shall define disorderly conduct in a manner substantially similar to the provisions of 18 Pa.C.S. § 5503 (relating to disorderly conduct).

(2432 added Mar. 19, 2014, P.L.52, No.22)

19310317u2433s

Section 2433.  Official Expenses on City Business.--Council may make appropriations for the reasonable expenses of city officials actually incurred in the conduct of city business.

(2433 added Mar. 19, 2014, P.L.52, No.22)

19310317u2434s

Section 2434.  Municipality Authorities; Cooperation with Other Political Subdivisions.--(a)  The council may, by ordinance, individually or in cooperation with other municipalities or school districts, form municipal authorities as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

(b)  The council may, by ordinance, make cooperative agreements with regard to the performance of a city's powers, duties and functions in accordance with the provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(2434 added Mar. 19, 2014, P.L.52, No.22)

19310317u2435s

Section 2435.  Local Self-Government.--The council of each city shall have power to enact, make, adopt, alter, modify, repeal and enforce in accordance with this act ordinances, resolutions, rules and regulations, not inconsistent with or restrained by the Constitution of Pennsylvania and laws of this Commonwealth, that are either of the following:

(1)  Expedient or necessary for the proper management, care and control of the city and its finances and the maintenance of the peace, good government, safety and welfare of the city and its trade, commerce and manufactures.

(2)  Necessary to the exercise of the powers and authority of local self-government in all municipal affairs.

(2435 added Mar. 19, 2014, P.L.52, No.22)

19310317u2436s

Section 2436.  Historical Property.--Council may acquire by purchase or by gift and may repair, supervise, operate and maintain landmarks and other historical properties which are either eligible for listing or listed in the National Register of Historic Places or certified by the Pennsylvania Historical and Museum Commission as having historical significance.

(2436 added Mar. 19, 2014, P.L.52, No.22)

19310317u2437s

Section 2437.  Appropriations for Handling, Storage and Distribution of Surplus Foods.--(a)  Council may appropriate from city funds moneys for the handling, storage and distribution of surplus foods obtained through a Federal, State or local agency.

(b)  All appropriations of moneys previously made by the council of any city for the handling, storage and distribution of surplus foods obtained, through a Federal, State or local agency, are hereby validated.

(2437 added Mar. 19, 2014, P.L.52, No.22)

19310317u2438s

Section 2438.  Junk Dealers and Junk Yards.--Council may regulate and license junk dealers and the establishment and maintenance of junk yards and scrap yards, including, but not limited to, automobile junk or grave yards.

(2438 added Mar. 19, 2014, P.L.52, No.22)

19310317u2439s

Section 2439.  Appropriations for Industrial Promotions.--Council may make appropriations to an industrial development organization as defined in section 2301 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act," when the city is located within the area for which the industrial development organization has been authorized to make application to and receive grants from the Department of Community and Economic Development for the purposes specified in Chapter 23 of the "Job Enhancement Act."

(2439 added Mar. 19, 2014, P.L.52, No.22)

19310317u2440s

Section 2440.  Non-debt Revenue Bonds.--Consistent with and without limitation of any power conferred or duty imposed by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), council may issue non-debt revenue bonds pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B.

(2440 added Mar. 19, 2014, P.L.52, No.22)

19310317u2441s

Section 2441.  Appropriations for Urban Common Carrier Mass Transportation.--Council may appropriate funds for urban common carrier mass transportation purposes from current revenues and make annual contributions to county departments of transportation or to urban common carrier mass transportation authorities to assist the departments or the authorities to meet costs of operation, maintenance, capital improvements and debt service, and to enter into long-term agreements providing for the payment of the contributions.

(2441 added Mar. 19, 2014, P.L.52, No.22)

19310317u2442s

Section 2442.  Appropriation for Nonprofit Art Corporation.--Council may appropriate moneys annually, not exceeding an amount equal to one mill of the real estate tax to any nonprofit art corporation for the conduct of its artistic and cultural activities. For the purposes of this section, "nonprofit art corporation" shall mean a local arts council, commission or coordinating agency, or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

(2442 added Mar. 19, 2014, P.L.52, No.22)

19310317u2443s

Section 2443.  Ratification and Validation of Real Estate Sales.--All deeds conveying title to real estate or interests therein from any city to any other party which are executed and delivered pursuant to an ordinance or resolution of the city council and which are not contested by an action filed in the court of common pleas of the county in which the city is located within six years of the date such deeds are recorded are hereby declared to be valid and to have fully and effectively conveyed the property and interests described therein in accordance with the terms thereof. No such deed shall thereafter be subject to attack in any court, agency or proceeding.

(2443 added Mar. 19, 2014, P.L.52, No.22)

19310317u2444s

Section 2444.  Maintenance and Validation of Certain Records.--Except as otherwise may be required by any law governing the recording of documents with the recorder of deeds, all city records that are required to be recorded or copied shall be deemed valid if recorded or transcribed by any digital, photostatic, photographic, microphotographic, microfilm, microcard, miniature photographic, optical, electronic or other process which accurately reproduces the original and forms a durable medium for recording, storing and reproducing the original in accordance with standards, policies and procedures for the creation, maintenance, transmission or reproduction of images of records approved by the county or local government records committees, as applicable, and as otherwise provided by law. No city shall be required to retain original or paper copies of any documents after the documents are archived by any of the methods stated in this section or as otherwise provided by law. Where recording in a specific book is required, except for minutes or the proceedings of council, such records may be recorded, transcribed or otherwise assembled in an appropriate book, disk or other medium approved by resolution of council, and all records heretofore recorded and assembled in any manner are hereby validated.

(2444 added Mar. 19, 2014, P.L.52, No.22)

19310317u2445s

Section 2445.  Rights Within Streets and Rights-of-Way.--(a) The power granted to a city in subsection (b) shall be exercised in compliance with Federal and State law and shall be subject to the power of the Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I (relating to public utility code) to regulate the business, facilities and service of public utilities, including determining the location and installation of utility facilities.

(b)  Council may consent to a public or private corporation or any other person using city streets and other properties, whether such use is within, on or over the streets or public property in question, for transportation purposes or for the purpose of installing and maintaining pipes, wires, fibers, cables or any other utility or service medium. Council may define a reasonable district or reasonable districts within which all electric or telephone wires, cables or any other utility or service medium are to be placed underground. A city shall pay just compensation to any property owner whose land has been acquired by the city for use as a right-of-way for purposes of this section. Just compensation shall be determined pursuant to 26 Pa.C.S. (relating to eminent domain).

(2445 added Mar. 19, 2014, P.L.52, No.22)

19310317u2446s

Section 2446.  Emergency Services.--(a)  The city shall be responsible for ensuring that fire and emergency medical services are provided within the city by the means and to the extent determined by the city, including the appropriate financial and administrative assistance for these services.

(b)  The city shall consult with fire and emergency medical services providers to discuss the emergency services needs of the city.

(c)  The city shall require any emergency services organizations receiving city funds to provide to the city an annual itemized listing of all expenditures of these funds before the city may consider budgeting additional funding to the organization.

(2446 added Mar. 19, 2014, P.L.52, No.22)

19310317u2447s

Section 2447.  Charitable Purposes.--(a)  Council may, by ordinance, create a city bureau or agency which bureau or agency may receive in trust, and city council may control for the purposes of the trust, all estate, moneys, assets and property, real and personal, which may have been or shall be bestowed upon it by donation, gift, legacy, endowment, bequest, devise, conveyance or other means, for charitable purposes.

(b)  Council may make appropriations to the agency or bureau for charitable purposes except as limited by the Constitution of Pennsylvania and laws of this Commonwealth.

(c)  As used in this section, "charitable purposes" shall mean the relief of poverty, the advancement of education, the promotion of health, governmental or municipal purposes and other purposes the accomplishment of which is beneficial to the community.

(2447 added Mar. 19, 2014, P.L.52, No.22)

19310317u2501h

 

ARTICLE XXV

TAXATION

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  Assessments of Property for Taxation

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u2501s

Section 2501.  Election of Assessor; Term; Removal; Qualifications.--(2501 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2502s

Section 2502.  Oath of Assessor; Filling of Vacancies.--(2502 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2503s

Section 2503.  Assistant Assessors; Compensation of Assessors and Assistants.--(2503 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2503.1s

Section 2503.1. Definitions.--(2503.1 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2504s

Section 2504.  Assessment of Property; Duties of Assessor.--(2504 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2504.1s

Section 2504.1.  Temporary Tax Exemption for Residential Construction.--(2504.1 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2505s

Section 2505.  Manner of Assessments.--(2505 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2506s

Section 2506.  Duties of Assessors in Other Than Triennial Years.--(2506 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2507s

Section 2507.  Notice to Owner of Change of Valuation; Appeal.--(2507 repealed July 28, 1953, P.L.696, No.223)

19310317u2508s

Section 2508.  Omitted Property to be Assessed; Liability of Owner for Back Taxes.--(2508 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2509s

Section 2509.  Clerks; Power to Administer Oaths; Inventories.--(2509 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2510s

Section 2510.  Information from Real Estate Registry Office; Sufficiency of Descriptions.--(2510 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2511s

Section 2511.  Time of Completion of Assessments.--(2511 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2512s

Section 2512.  Liability for Neglect.--(2512 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2513s

Section 2513.  Ordinances to Regulate Assessments, Transfers, Appeals, Et Cetera.--(2513 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2514s

Section 2514.  Board of Revision of Taxes and Appeals.--(2514 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2515s

Section 2515.  New Assessments.--(2515 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2516s

Section 2516.  Revision of Assessments.--(2516 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2516.1s

Section 2516.1.  Additions and Revisions to Duplicates.--(2516.1 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2517s

Section 2517.  Hearing of Appeals.--(2517 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2518s

Section 2518.  Notice to Taxables of Assessments; Appeals.--(2518 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2519s

Section 2519.  Power of Assessor to Administer Oaths.--(2519 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2520s

Section 2520.  Custody of Assessment Books; Completion of Work of Board.--(2520 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2521s

Section 2521.  Appeals from Decisions of Board; Costs.--(2521 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2522s

Section 2522.  Assessment Powers.--(a)  With regard to the valuing and assessing of property for taxation within a city, the following shall apply:

(1)  If, on the effective date of this section, a city is utilizing the county assessment office for the valuation and assessment of property, the city shall continue to utilize the county assessment office for this purpose.

(2)  If clause (1) does not apply, council may appoint and employ persons to value and assess property for taxation within a city, following the procedures and methodologies set forth in the assessment law or laws applicable in the county in which the city is located, provided that the act of April 16, 1992 (P.L.155, No.28), known as the "Assessors Certification Act," shall apply to persons hired pursuant to this clause.

(3)  If clause (2) applies, a city may subsequently elect to utilize the county assessment office to value and assess property.

(4)  (i)  A city, conducting its own assessments as authorized by clause (2), or utilizing the county assessment office pursuant to clause (1) or (3), may, by ordinance, adopt an established predetermined ratio different from that used by the county. The city shall apply the ratio selected to the actual valuation supplied by the county to determine assessed value for tax purposes. The established predetermined ratio selected by the city may not exceed one hundred per centum of actual value.

(ii)  As used in this clause, "established predetermined ratio" shall mean the ratio of assessed value to market value established by the city council and uniformly applied in determining assessed value in any year.

(5)  A city that is utilizing the county assessment office in accordance with clause (1) or which elects to utilize the county assessment office in accordance with clause (3) may not thereafter appoint and employ persons to value and assess property in accordance with clause (2).

(b)  In any case in which a city appoints persons to value and assess property, the following shall apply:

(1)  If the property being assessed is not wholly within the city limits, it shall be assessed in the same manner and within the same jurisdiction as if the same were being assessed for county purposes.

(2)  If a city has established a registry of real estate, it may obtain for purposes of assessment, from the official in charge of the registry, available information as to the registered owners of real estate, under rules and regulations as may be established by ordinance. It shall be a sufficient description of any real estate in any assessment books or duplicates to designate the same by such city lot number, other number or designation, as is used on the registry.

(3)  For purposes of assessment appeals, council shall constitute the board of revision of taxes and appeals and the city clerk shall serve as clerk thereof.

(4)  Except as authorized in this section, the city shall not exercise powers contrary to or in limitation or enlargement of powers granted by statutes that provide the substantive rules governing the making of assessments and valuations of property which are applicable to the assessment of property for taxation purposes under the county assessment law or laws applicable in the county in which the city is located.

(5)  A city conducting its own assessments pursuant to subsection (a)(2) shall establish and follow procedures that are consistent with similar procedures provided in the assessment law or laws applicable in the county in which the city is located, including, but not limited to, providing notice of an opportunity to appeal assessments, for taking appeals to and from the board of appeals and for the conduct of proceedings before the board.

(c)  A temporary tax exemption for residential construction shall be subject to the following:

(1)  New single and multiple dwellings constructed for residential purposes and improvements to existing unoccupied dwellings or improvements to existing structures for purposes of conversion to dwellings shall not be valued or assessed for purposes of real property taxes until:

(i)  occupied;

(ii)  conveyed to a bona fide purchaser; or

(iii)  one year from the first day of the month in which falls the sixtieth day after which the building permit was issued or, if no building permit or other notification of improvement was required, then from the date construction commenced.

(2)  The assessment of any multiple dwelling because of occupancy shall be upon such proportion which the value of the occupied portion bears to the value of the entire multiple dwelling.

(3)  As used in this subsection, the word "dwelling" means a building or portion thereof intended for permanent use as a home or residence.

(2522 added Mar. 19, 2014, P.L.52, No.22)

19310317u2531h

 

(b)  Levy and Collection

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u2531s

Section 2531.  Tax Levies.--(a)  Council may, by ordinance, levy and, in accordance with this act, provide for the collection of taxes on all property within the city that is made taxable for city purposes and subject to valuation and assessment by the county assessment office or the city, as provided in subdivision (a), as follows:

(1)  A tax for general revenue purposes not exceeding thirty mills.

(2)  An annual tax sufficient to pay interest and principal on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) or any prior or subsequent act governing the incurrence of indebtedness of the city.

(3)  An annual tax, not to exceed five mills, to light the highways, roads and other public places in the city.

(4)  An annual tax for the purpose of maintaining and operating recreation places and programs.

(5)  An annual tax, not to exceed the sum of one-tenth of one mill, for the purpose of defraying the cost and expense of caring for shade trees and the administrative expenses connected therewith, or council may provide for such expenses by appropriation from the General Fund.

(b)  Council may, by ordinance, levy and, in accordance with this act, provide for the collection of a residence tax for general revenue purposes, not exceeding five dollars annually, on all inhabitants who are eighteen years of age or older.

(c)  With regard to the taxes authorized in subsection (a), the following shall apply:

(1)  Special purpose levies authorized in this section shall not be included in calculating the thirty-mill limit imposed by subsection (a).

(2)  Any ordinance fixing the rate of taxation for any year at a millage rate shall also include a statement expressing the rate of taxation in dollars and cents on each hundred dollars of assessed valuation of taxable property.

(3)  The council of any city may, by ordinance, in any year levy separate and different rates of taxation for city purposes on all real estate classified as land, exclusive of the buildings thereon, and on all real estate classified as buildings on land. When real estate tax rates are so levied:

(i)  The rates shall be determined by the requirements of the city budget as approved by council.

(ii)  The respective rates levied on land and buildings do not have to be equal but must be so fixed so as not to constitute a greater levy in the aggregate than a rate of thirty mills on both land and buildings.

(iii)  The rates shall be uniform as to all real estate within such classification.

(4)  Where the city council by a majority action shall, upon due cause shown, petition the court of common pleas for the right to levy additional millage for general revenue purposes, the court, after such public notice as it may direct and after hearing, may order a greater rate than thirty mills but not exceeding five additional mills to be levied.

(5)  (i)  Notwithstanding council's power to authorize the transfer of an unexpended balance of an appropriation item pursuant to section 1804, when any moneys are collected for any special purpose, no city treasurer or council member may apply those moneys to any purpose other than that for which they were collected.

(ii)  Any city treasurer or council member who violates subclause (i) commits a misdemeanor of the third degree, and, in addition to the fine or penalty which may be imposed upon conviction, shall be required to pay restitution in the amount of moneys improperly spent.

(2531 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2531.1s

Section 2531.1.  Exemptions from Taxation.--The council of any city may, by ordinance or resolution, exempt any person whose total income from all sources is less than twelve thousand dollars ($12,000) per annum from any per capita or residence tax levied under this act. This exemption shall not apply to real property taxes.

(2531.1 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2531.2s

Section 2531.2.  Certification of Schedule.--For the purpose of delinquent tax collection and the filing of liens on property upon which the taxes, assessed and levied, have not been paid and have become delinquent, the treasurer shall certify schedules of unpaid taxes. The certification shall be made to the person designated by each taxing district for which the treasurer collects taxes.

(2531.2 added Mar. 19, 2014, P.L.52, No.22)

19310317u2532s

Section 2532.  City Treasurer to Be Tax Collector.--(2532 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2533s

Section 2533.  Oath of City Treasurer as Collector of Taxes.--(2533 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2534s

Section 2534.  Office for Receipt of Taxes; Supplies.--(2534 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2535s

Section 2535.  Date of Delivery of Duplicate; Collection.--(2535 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2536s

Section 2536.  Deposits.--(2536 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2537s

Section 2537.  Tax Liens; Schedule of Uncollected Taxes; Liability for False Return.--(2537 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2538s

Section 2538.  Certification of Schedule.--(2538 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2541h

 

(c)  Sales of Real Estate for Delinquent Taxes

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u2541s

Section 2541.  Public Sale of Property to Satisfy Tax Claims.--(2541 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2542s

Section 2542.  Time of Holding Sales.--(2542 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2542.1s

Section 2542.1.  Public Sale of Property to Satisfy Tax Claims.--(a)  Property upon which city real estate taxes have not been paid and have become delinquent may become subject to public sale in accordance with one of the following:

(1)  The act of July 7, 1947 (P.L.1368, No.542), known as the "Real Estate Tax Sale Law."

(2)  The Municipal Claim and Tax Lien Law.

(b)  The remedies authorized in this section shall be in addition to other remedies provided for the collection of delinquent city taxes, including an action in assumpsit.

(c)  Unless otherwise provided in the statutes referred to in subsection (a), taxes shall become delinquent thirty days after the final deadline for payment of such taxes for the current tax year.

(2542.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u2543s

Section 2543.  Certification of Schedules to Treasurer.--At the request of the treasurer, any person acting on behalf of the city who possesses a schedule of unpaid city taxes shall certify the schedule to the treasurer along with the description of property against which the unpaid taxes were assessed.

(2543 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2544s

Section 2544.  Advertisement of Sales.--(2544 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2545s

Section 2545.  Redemption of Lands by Owner or Interested Person.--(2545 repealed Apr. 29, 1998, P.L.295, No.48)

19310317u2546s

Section 2546.  Record of Sales ; Purchase and Resale.--(a)  The treasurer shall keep in the treasurer's office, or in such other place as council may direct, a record of all the sales made pursuant to section 2542.1.

(b)  Notwithstanding any other provision of law, the city shall have the right to bid on and purchase properties sold pursuant to section 2542.1.

(c)  Properties purchased by the city under subsection (b) may be sold in accordance with section 2402.1(b).

(2546 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2547s

Section 2547.  Payment of Purchase Price by Purchaser; Resale for Default.--(2547 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2548s

Section 2548.  Return of Sale.--(2548 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2549s

Section 2549.  Confirmation of Sale; Disposition of Objections.--(2549 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2550s

Section 2550.  Filing of Surplus Bond.--(2550 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2551s

Section 2551.  Acknowledgment and Delivery of Deeds.--(2551 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2552s

Section 2552.  Acknowledgment of Receipt of Redemption Money.--(2552 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2552.1s

Section 2552.1.  Conduct of Tax Sales.--The procedures and requirements relating to the sale of property for delinquent taxes, including, but not limited to, the advertisement for and the time and conduct of the sale, the payment of the purchase price and the distribution of proceeds, making the return and confirmation of sale and the delivery of deed shall be governed by the act of July 7, 1947 (P.L.1368, No.542), known as the "Real Estate Tax Sale Law," or the Municipal Claim and Tax Lien Law as utilized by the city in accordance with section 2542.1, and by any applicable rules of court governing procedures for tax sales.

(2552.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u2560h

 

(d)  City Sales of Real Estate Purchased from Tax Claim Bureau

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2560s

Section 2560.  Real Estate Purchased from Tax Claim Bureau.--(2560 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2561s

Section 2561.  Sale Procedure.--(2561 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2562s

Section 2562.  Delivery of Deed.--(2562 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2601h

 

ARTICLE XXVI

LICENSES AND LICENSE FEES

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  General Powers to License

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2601s

Section 2601.  Licensing and Regulatory Powers.--In addition to all other powers granted by this act and other laws, each city shall have the specific licensing and regulatory authority provided by this article.

(2601 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2601v

 

Compiler's Note:  Section 31 of Act 708 of 1961 provided that Act 317 is repealed insofar as it relates to the licensing and regulation of auctioneers.

19310317u2601.1s

Section 2601.1.  Registration of Businesses or Occupations.--(a)  Council may, by ordinance, designate the types or kinds of businesses or occupations located or carried out within the city that are subject to annual registration with the city.

(b)  Unless otherwise provided in this article, an ordinance requiring registration in accordance with this section may provide for an annual fee on businesses and occupations in an amount reasonably related to the administration of the registration program, not to exceed one hundred dollars.

(2601.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u2602s

Section 2602.  Regulation of Motor Vehicles.--(a)  Subject to subsection (b), a city may regulate transportation by motor vehicle.

(b)  A city shall have no authority to and shall not regulate transportation by motor vehicle in a manner that is preempted by or is inconsistent with applicable Federal and State laws and regulations, policies or orders of Federal and State regulatory agencies.

(c)  The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Regulate."  Licensing and making regulations for transportation by motor vehicle, including the designation of streets for transportation by motor vehicle.

"Transportation by motor vehicle."  The transportation for pay of passengers and property, within the limits of the city or from points in the city to points beyond the limits of the city, by a motor vehicle which is not operated on tracks.

(2602 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2603s

Section 2603.  Licensing of Plumbers.--Council may license and provide for the collection of a license fee from all persons, partnerships, associations, or corporations engaged or engaging in the business or work of plumbing or house drainage, who shall have been certified as being qualified to engage in such business, in such manner as may be provided by ordinance or the laws of the Commonwealth.

(2603 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2604s

Section 2604.  Power to Regulate and License Transient Merchants.--(a)  With regard to transient merchants, a city shall have power, by ordinance, to regulate and license the transient merchant, including, but not limited to, requiring that a license be procured prior to commencement of transient merchant activity.

(b)  An ordinance adopted pursuant to subsection (a) may impose a penalty not exceeding five hundred dollars for a violation of its provisions and may provide for other means of enforcement.

(c)  The amount of a transient merchant license shall not exceed two hundred fifty dollars for each month, or fractional part thereof, during which any sale or solicitation is continued.

(d)  (1)  The term "transient merchant" as used in this section shall include all of the following:

(i)  Transient wholesale and transient retail businesses for the sale of goods, wares or merchandise within the city.

(ii)  Transient charitable solicitors for the solicitation of charitable contributions within the city.

(2)  The term shall not include any of the following:

(i)  Farmers selling their own produce.

(ii)  Persons selling donated goods, wares and merchandise if the proceeds of the sale are to be applied to any charitable or philanthropic purpose.

(iii)  A person selling bakery products, meat and meat products or milk and milk products, if that person is the manufacturer or producer of the products sold.

(2604 added Mar. 19, 2014, P.L.52, No.22)

19310317u2605s

Section 2605.  Regulation of Special Events.--(a)  In addition to other licensing and regulatory powers authorized in this article, council shall have the authority, by ordinance, to require a permit for and to reasonably regulate the conduct of a special event, which may include, but is not limited to, a music festival, concert, dance, circus, carnival, arts and craft show, parade, public assembly, demonstration, performance, exhibition, community event or block party.

(b)  Regulation of a special event pursuant to this section shall be for the purpose of protecting and preserving city and public property or for the purpose of promoting or protecting the public health, safety or welfare.

(c)  Pursuant to this section, a city may reasonably regulate and require a permit for any of the following:

(1)  A special event that will result in the obstruction of a city street or sidewalk or that would compromise the ability of the city to respond to a public safety emergency.

(2)  A special event on any property wholly or partially owned or maintained by the city.

(3)  A special event on private property, if, in connection with the event, the city will be providing city services, including those relating to public safety, fire and sanitary facilities, to a degree over and above that which the city routinely provides.

(2605 added Mar. 19, 2014, P.L.52, No.22)

19310317u2610h

 

(b)  Restrictions

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2610s

Section 2610.  Farmers.--(2610 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2611s

Section 2611.  Insurance Business.--(2611 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2612s

Section 2612.  Persons Taking Orders by Samples.--(2612 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2620h

 

(c)  Transient Retail Merchants

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2620s

Section 2620.  Power to Regulate and License.--(2620 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2621s

Section 2621.  Exceptions.--(2621 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2622s

Section 2622.  Commonwealth License Saved.--(2622 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2630h

 

(d)  Public Dances and Dance Halls

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2630s

Section 2630.  Definitions.--(2630 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2631s

Section 2631.  Permits for Dances; Fees.--(2631 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2632s

Section 2632.  Dance Halls, Ball Rooms, and Academies to be Licensed; Fees.--(2632 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2633s

Section 2633.  Mayor to Investigate Applications.--(2633 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2634s

Section 2634.  Safe and Proper Places only to be Licensed.--(2634 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2635s

Section 2635.  Revocation of Licenses.--(2635 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2636s

Section 2636.  Licensed Places to be Kept Clean.--(2636 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2637s

Section 2637.  Inspection of Licensed Places; Power of Police to Vacate.--(2637 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2638s

Section 2638.  Persons Under Sixteen to be Excluded after Nine O'clock Post Meridian.--(2638 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2639s

Section 2639.  Halls to be Closed at One O'clock Ante Meridian.--(2639 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2640s

Section 2640.  Penalties.--(2640 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2650h

 

(e)  Parking Lots for Profit

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2650s

Section 2650.  Regulation of Parking Lot and Parking Garage Operators.--(a)  For the purposes of protecting the public, each city may enact suitable ordinances regulating the business of operating for-profit parking lots and for-profit parking garages within the city . Ordinances shall be consistent with 75 Pa.C.S. (relating to vehicles). Each city may require for-profit parking lots and for-profit parking garages to reserve areas exclusively for parking by handicapped individuals. Nothing in this section shall be construed to limit the protections and prohibitions contained in section 202 of the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania Human Relations Act," and the Federal and State rules and regulations adopted in implementation of those acts. License and permit requirements may be imposed on for-profit parking lots and for-profit parking garages, and license or permit fees may be charged and collected from the operators thereof.

(b)  Any city adopting a regulatory plan applicable to for-profit parking lots and for-profit parking garages shall have the authority to require that each operator maintain insurance, from an insurer legally authorized to conduct business in this Commonwealth, in amounts not less than that which is prescribed by council for the protection of the public from loss of or damage to the vehicles parked, stored or placed under the jurisdiction of the operator and against liability arising out of the ownership or use of the parking lot or parking garage.

(2650 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2651s

Section 2651.  Farmers.--No city shall levy or collect any license fee from any farmer upon sales of the farmer's own produce in or about the streets of the city. This section shall not restrict in any other way a city's power to regulate the conduct of a farmer's business.

(2651 added Mar. 19, 2014, P.L.52, No.22)

19310317u2652s

Section 2652.  Insurance Business.--No city shall levy or collect any license fee upon insurance companies or their agents, or insurance brokers, authorized to transact business under the laws of this Commonwealth.

(2652 added Mar. 19, 2014, P.L.52, No.22)

19310317u2653s

Section 2653.  Persons Taking Orders by Samples.--No city shall levy or collect any license fee or mercantile tax upon persons taking orders for merchandise by sample, from dealers or merchants for individuals or companies who pay a license or mercantile tax at their chief places of business. Nothing in this section shall authorize a person to sell by retail to persons other than dealers or merchants without payment of a license or permit fee.

(2653 added Mar. 19, 2014, P.L.52, No.22)

19310317u2654s

Section 2654.  Commonwealth License Saved.--Nothing contained in this article shall be construed to relieve any person, partnership or corporation from the duty of taking out a license or from the payment of any license tax or fee imposed or authorized by any other statute, nor shall any Commonwealth license tax or fee preempt the registration, license or regulatory powers of a city in accordance with this article, unless the preemption is expressly authorized.

(2654 added Mar. 19, 2014, P.L.52, No.22)

19310317u2701h

 

ARTICLE XXVII

REAL ESTATE REGISTRY

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u2701s

Section 2701.  No Unauthorized Debt to be Created.--(2701 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2702s

Section 2702.  Sinking Fund Commissioners; Duties.--(Repealed July 1, 1992, P.L.347, No.74)

19310317u2703s

Section 2703.  Liability in Bond Transfers.--(2703 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2704s

Section 2704.  Real Estate Registry.--(a)  For the purpose of procuring accurate information in reference to the ownership of all real estate, the council of each city may provide, by ordinance, for a real estate registry in accordance with the act of October 9, 2008 (P.L.1400, No.110), known as the "Uniform Municipal Deed Registration Act." If required by the ordinance, every owner, subsequent purchaser, devisee or person acquiring title by partition or otherwise to any real estate in the city shall furnish, at the designated city office, descriptions of their respective properties upon blanks to be furnished by the city and, at the same time, present their conveyance to be stamped by the designated city official or employe, without charge, as evidence of its registration. A person who fails to register real estate as required by this article shall be liable for a penalty established by ordinance to be recovered, with costs of suit, in the name and for the use of the city, as penalties for the violation of city ordinances are recoverable.

(b)  A registry established in accordance with this article shall be in the form provided by council and may include books, maps and plans. The registry shall show the location and dimensions of each property in the city, as well as the street number of and the name of the owner or owners of the properties, and shall allow for the inclusion of the names of future owners and dates of future transfer of title.

(c)  A city official or employe charged with acquiring information necessary to establish and maintain the registry shall have free access, without charge, to any of the public records wherein the information may be obtained. The official or employe may also cause search to be made in any other place for any documentary or other evidence of title, not reported to the city official or employe pursuant to this article, if it is necessary for the completion of the registry.

(d)  The registry shall be preserved in the manner council shall designate in accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

(e)  The official or employe charged with the duty of maintaining the registry shall provide certified copies of any of the entries thereto, and the copies shall be received in evidence in the same manner as the original registry would be admissible. Certified copies also shall be furnished to any person for a reasonable fee.

(f)  The sheriff of the county in which the city is situated shall present for registry the deeds of all properties within the city limits sold by the sheriff at judicial sales, whether by execution, in partition or otherwise.

(g)  Each city's registry may be used as the lawful and proper source of property owners' or reputed owners' names for all lawful purposes, including the filing of municipal claims.

(h)  Nothing in this section shall invalidate any municipal or tax claim by reason of the fact that the same is not assessed or levied against the registered owner.

(2704 added Mar. 19, 2014, P.L.52, No.22)

19310317u2701-Ah

 

ARTICLE XXVII-A

NUISANCE ABATEMENT

(Art. added Mar. 19, 2014, P.L.52, No.22)

 

19310317u2701-As

Section 2701-A.  Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abatement."  The removal, stoppage or destruction by any reasonable means of that which causes or constitutes a public nuisance.

"Department."  The department designated by the city council to determine the existence of and to abate a public nuisance in accordance with this article.

"Owner."  With regard to the property on which the alleged public nuisance exists, the owner of record based upon the city's real estate registry if the city maintains a registry, or, if the city does not maintain a real estate registry, on the tax assessment records of the city, if any, or of the county in which the city is located. The term may include any person in whom is vested all or any part of the legal or equitable title to the property or who has charge, care or control of the property as agent, executor, administrator, assignee, receiver, trustee, guardian, lessee or mortgagee in possession.

"Property."  Any personal property or any real property and any improvements thereto.

"Public nuisance."

(1)  Any conduct or any property, or condition or use of property, defined or declared to be a public nuisance under any provision of this act or other law.

(2)  Conduct or property, or the condition or use of property, if the department determines that it endangers the health or safety of, or causes any hurt, harm, inconvenience, discomfort, damage or injury to, any person or property in the city, by reason of the conduct or property, or the condition or use of the property, being any of the following:

(i)  A menace, threat or hazard to the general health and safety of the community.

(ii)  A fire hazard.

(iii)  A building or structure that is unsafe for occupancy or use.

(iv)  Property that is so inadequately or insufficiently maintained that it diminishes or depreciates the enjoyment and use of other property in its immediate vicinity to such an extent that it is harmful to the community in which the property is situated.

(3)  Unauthorized accumulations of garbage and rubbish and the unauthorized storage of abandoned or junked automobiles or other vehicles on private or public property, and the carrying on of any offensive manufacture or business.

"Summary abatement."  Abatement of a public nuisance by the city without prior notice to the owner of the property in accordance with this article.

(2701-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2702-As

Section 2702-A.  Report and investigation of public nuisance.

(a)  Designation of department.--Council shall designate the department to which reports of the existence of a possible public nuisance shall be made.

(b)  Criteria for investigating reports.--The designated department shall establish criteria for investigating reports made to it to determine the existence of a public nuisance. The reports may be submitted by any member of the public, any city employee or elected or appointed city official or result from inspections made by the department.

(c)  Notification.--If the department, either as a result of a report made to it or an investigation made by it, reasonably believes the reported property involves a building which appears to be structurally unsafe, it shall notify the city's building inspector or other appropriate official who shall cause the property to be inspected, subject to constitutional standards in a similar manner as provided in section 2308, and submit a written report to the department.

(d)  Determination.--Upon completing its investigation and receiving any written reports required by subsection (c), the department shall determine all of the following:

(1)  If a public nuisance exists.

(2)  If the public nuisance is of such a severe and substantial nature that it presents a clear, immediate and substantial danger to public health or safety or to the health or safety of any occupant of a property on which a public nuisance exists or of any property in the vicinity of the public nuisance, that it is sufficient to justify extraordinary and immediate action without prior notice to the owner of the property to avoid personal injury, death or substantial loss of property.

(e)  Retention of records.--Following an investigation, the department shall retain a copy of its findings including any reports made to it and any photographs of the property or condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

(2702-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2703-As

Section 2703-A.  Summary abatement.

(a)  General rule.--A city shall have the power to utilize summary abatement in accordance with this section.

(b)  Conditions.--In the case of a reported public nuisance, the department shall have authority to utilize summary abatement if all of the following occur:

(1)  The department determines the existence of the criteria in section 2702-A(d)(1) and (2).

(2)  The mayor or the mayor's designee provides express authorization to utilize summary abatement.

(c)  Notice not required.--If summary abatement is implemented pursuant to subsection (b), the department shall have the authority to enter upon the property for the purpose of abatement without prior notice to the owner of the property or to the holders of liens thereon.

(d)  Procedure.--The following shall apply:

(1)  Within ten days following a summary abatement, the department shall post on the property upon which the abatement has occurred a notice describing the action taken to abate the nuisance.

(2)  Within 20 days following a summary abatement, the department shall determine the identity of the owner of the property by reference to the city's real estate registry if the city maintains a registry, or, in the absence of a registry, by reference to county assessment records, and the identity of the holders of all liens upon the property which are properly indexed among the records of the county and provide to the owner and to all lienholders written notice, by first class mail or hand delivery, of the action taken to abate the nuisance.

(3)  Within 30 days following a summary abatement, the department shall file with the city treasurer or other financial officer of the city designated by council a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this article. After filing with the city treasurer, notice of the statement of costs shall be provided to the owner and lienholders in accordance with section 2704-A(b).

(2703-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2704-As

Section 2704-A.  Prior notice of abatement.

(a)  Abatement authority.--The department shall have the authority to abate a public nuisance with prior notice as provided by this section if, after inspecting the property or condition reported to be a public nuisance, subject to constitutional standards in a similar manner as provided in section 2308, the department determines, as provided for in section 2702-A(d)(1), that the public nuisance exists.

(b)  Method of notice.--

(1)  If the department proceeds with abatement pursuant to this section, it shall identify the owner of the property by reference to the city's real estate registry if the city maintains a registry, or, in the absence of a registry, by reference to county assessment records, and shall immediately serve a written notice on the owner by any of the following methods:

(i)  Personal service.

(ii)  Leaving a copy of the notice at the usual place of residence or business of the owner or the address of the owner shown in the city's real estate registry or in the records in the office of the recorder of deeds.

(iii)  Mailing a copy by United States certified mail, return receipt requested, to the owner at the owner's current address shown in the city's real estate registry or in the records in the office of the recorder of deeds.

(2)  If service of the written notice is unable to be perfected by any of the methods under paragraph (1), the department shall publish a copy of the notice in a newspaper of general circulation once a week for two consecutive weeks and shall provide a copy of the notice to the individual in possession of the property on which the department has determined that the public nuisance exists, or, if there is no individual in possession of the property, the department shall post a copy of the notice at the structure, location or premises.

(3)  The department shall determine from the records in the offices of the recorder of deeds the identities of all lienholders of the property and serve a written notice on all lienholders by United States certified mail, return receipt requested.

(c)  Contents of notice.--The notice to the owner and lienholders shall state clearly and concisely the findings and determination of the department with respect to the existence of a public nuisance. The notice shall further state that the public nuisance shall be abated by the city at the expense of the owner unless it is otherwise abated within 30 days of the notice or within any extension of that period granted by the department.

(d)  Liability.--A person who is the owner of the premises, location or structure at the time a notice to abate a public nuisance is issued and served upon the person shall be responsible for complying with the notice and shall be liable for any costs incurred by the city in connection with the notice, notwithstanding if the person conveyed the person's interest in the property to another after the notice was issued and served.

(e)  Defense.--It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed.

(2704-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2705-As

Section 2705-A.  Abatement by owner.

(a)  Duty of owner.--Within 30 days after written notice has been provided pursuant to section 2704-A(b)(1) or (2), the owner shall remove and abate the nuisance.

(b)  Extension.--The department, upon written application by the owner within the 30-day period referred to in subsection (a), may grant additional time for the owner to effect the abatement of the public nuisance, if the extension is limited to a specific time period.

(2705-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2706-As

Section 2706-A.  Appeal after notice; hearing.

(a)  Hearing.--A city shall, by ordinance, provide a procedure pursuant to which an owner of the property who has been served with a notice pursuant to section 2704-A(b)(1) or (2) may request and have a timely hearing on the question of whether a public nuisance in fact exists.

(b)  Appeal board.--Council, or a committee of three council members appointed by council, shall constitute the public nuisance appeals board which, if an appeal is taken, shall conduct the hearing on the question of whether a public nuisance in fact exists. The appeals board may uphold, amend or modify the determination of the department or extend the time for compliance with the department's order if the extension is limited to a specific time period.

(c)  Time limitations.--An appeal under this section shall toll the running of the period of time within which the nuisance is to be abated until a decision is rendered by the appeals board.

(2706-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2707-As

Section 2707-A.  Abatement by city after notice; statement of costs.

If a public nuisance has not been abated at the expiration of 30 days after notice has been provided or within the additional time as the department or appeals board may grant, taking into consideration the provisions of section 2706-A(c), the department shall have the authority to enter upon the property for the purpose of abatement. Upon abatement in accordance with this section, the department shall file with the city treasurer or other financial officer of the city designated by council a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this article.

(2707-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2708-As

Section 2708-A.  Assistance in abatement.

In abating a public nuisance, the department may call upon any of the city departments or divisions for whatever assistance shall be deemed necessary or may abate the public nuisance by private contract.

(2708-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2709-As

Section 2709-A.  Salvage of material.

If deemed practicable by the department, the department may salvage and sell at private or public sale any material derived from an abatement of a public nuisance. Pursuant to ordinance, all of the following shall apply to the proceeds obtained from the sale of any material salvaged as a result of an abatement:

(1)  The proceeds shall be deposited as directed by ordinance.

(2)  The proceeds may be applied against the amount of the costs, fees and penalties relating to the abatement.

(3)  If the amount of the proceeds exceeds the amount of the costs, fees and penalties, any excess shall be paid to the owner.

(2709-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2710-As

Section 2710-A.  Notice of assessment; appeal of charges.

(a)  Notice of assessment.--Upon receipt of the statement of costs from the department, either for a summary abatement pursuant to section 2703-A or for an abatement with notice pursuant to section 2704-A, the treasurer or other financial officer of the city designated by council shall, in accordance with section 2704-A(b), give notice of the amount set forth in the statement of costs to the owner and lienholders of the property upon which the public nuisance has been abated. The notice shall state that the city proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the designated officer within 20 days from the date of mailing the notice.

(b)  Lien.--Upon the expiration of the 20-day period, if no written objections have been received by the officer, the total amount of costs, fees and penalties specified in the statement of costs may be entered as a lien against the property on which the nuisance was abated and shall be collected in the manner provided for the collection of municipal claims and liens, subject to rights of appeal provided in this section.

(c)  Administrative review.--If objections of the owner or a lienholder are received by the designated officer prior to the expiration of the 20-day period, the officer shall refer the matter to the department for administrative review.

(d)  Procedure.--The city shall, by ordinance, provide a procedure by which the department shall make a determination regarding any timely filed objection and by which an appeal of the department's determination may be made to the appeals board referred to in section 2706-A(b).

(e)  Final administrative decision.--The determination of the appeals board shall be a final administrative decision within the city.

(f)  Reduction or cancellation of assessment.--The department, in administrative review, or the appeals board, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this article:

(1)  The notice to remove the nuisance.

(2)  The work performed in abating the nuisance.

(3)  The computation of charges.

(g)  Elimination of civil penalty.--The department, in administrative review, or the appeals board, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the statement of costs if any of the following applies:

(1)  The current owner did not own the property at the time the notice required in section 2703-A was posted.

(2)  The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had knowledge of the nuisance.

(2710-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2711-As

Section 2711-A.  Personal liability of owner.

Notwithstanding the right of the city to utilize in rem proceedings to pursue collection of the costs, fees and penalties in the statement of costs as a municipal claim, the person who is the owner of the property at the time of a summary abatement at which the notice required is given, or, in the case of an abatement pursuant to section 2704-A, the person who was the owner of the property at the time notice of the existence of the public nuisance was given, shall be personally liable for the amount of the assessment, including all interest, other charges and, except as provided in section 2710-A(g), civil penalties.

(2711-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2712-As

Section 2712-A.  Administrative fee and civil penalties.

Whenever a public nuisance is abated by the city, the statement of the costs of the public nuisance shall include the city's actual cost of abatement, plus an administrative fee, not to exceed 10%, and a civil penalty. For the first abatement of a nuisance upon any owner's property within the city in any two-year period, the civil penalty shall be $250. For second and subsequent abatements, upon any properties of any owner within the city during any two-year period, the civil penalty shall be $500. The increased civil penalty shall be imposed and collected regardless of whether the second and subsequent nuisances upon property or properties of an owner involve the same property or are of the same or different characters.

(2712-A added Mar. 19, 2014, P.L.52, No.22)

19310317u2801h

 

ARTICLE XXVIII

EMINENT DOMAIN

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u2801s

Section 2801.  Exercise of Eminent Domain.--(a)  In addition to all other purposes for which a city may exercise the power of eminent domain as authorized by this act or by other laws of the Commonwealth, and subject to the duty to provide just compensation, a city may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and property for any of the following public purposes:

(1)  The laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets.

(2)  The construction of bridges, and the piers, abutments and approaches therefor.

(3)  The construction of slopes, embankments and storm water sewers, including storm water drains.

(4)  The erection and extension of waterworks, wharves and docks, public buildings, public works, filtration plants, sewage systems, sewage treatment works, waste disposal plants, including disposal of garbage, ashes and other refuse materials and transfer facilities, gas plants, electric power and light plants, fire houses, hospitals, public auditoriums, memorial buildings, public transportation facilities, comfort stations, homeless shelters, waiting stations, communications facilities, drinking fountains, libraries and other public buildings and public works.

(5)  The establishing of recreation places.

(6)  The changing of watercourses.

(7)  The acquisition of lands, easements and property for use of the Pennsylvania National Guard in accordance with sections 4413-A and 4414-A.

(b)  Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain).

(2801 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2802s

Section 2802.  Restrictions as to Certain Property.--In addition to the restrictions made by other provisions of this act in particular cases or by any other provision of law, no city shall exercise the right of eminent domain as against land now occupied by any building which was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States; or as against the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army, or as against the site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit. The Colonial and Revolutionary period shall be deemed to have ended on the third day of September, one thousand seven hundred and eighty-three.

(2802 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2803s

Section 2803.  Title Acquired.--Except as otherwise provided in law, if land or other real or personal property is acquired by a city in eminent domain proceedings or is acquired by gift, purchase or otherwise, the title obtained by the city shall be in fee simple absolute or like absolute ownership unless the parties agree otherwise in writing and the agreement expressly appears in a recorded deed affecting any real property acquired by the city or in the notice of condemnation.

(2803 added Mar. 19, 2014, P.L.52, No.22)

19310317u2804s

Section 2804.  Damages for Vacations.--(2804 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2805s

Section 2805.  Damages Due to Grade; Plan to Show Change of Grade.--(2805 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2806s

Section 2806.  Pledge of Credit of City in Lieu of Bond.--(2806 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2807s

Section 2807.  Right To Immediate Possession.--(2807 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2808s

Section 2808.  Notice to Quit; Possession; Procedure.--(2808 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2809s

Section 2809.  Value of Land or Property not to be Assessed as Benefits; Exception.--(2809 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2810s

Section 2810.  Plans of Lands and Properties Condemned to be Furnished to Viewers.--(2810 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2811s

Section 2811.  Condemnation Petition to Specify Liens; Exception.--(2811 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2812s

Section 2812.  Findings of Facts as to Liens.--(2812 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2813s

Section 2813.  Reports of Viewers as to Liens; Appeals; Distribution to Lien Creditors; Discharge of Liens.--(2813 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2814s

Section 2814.  Vesting Title.--(2814 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2815s

Section 2815.  Competency of Evidence as to Market Value of Land or Property.--(2815 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2816s

Section 2816.  Exemptions and Appeals.--(2816 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2817s

Section 2817.  Payment Into Court; Satisfaction.--(2817 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2818s

Section 2818.  Proceedings where Assessments by Viewers Waived.--(2818 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2819s

Section 2819.  Petition for Viewers; Time of Meeting.--(2819 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2820s

Section 2820.  When Viewers may be Appointed.--(2820 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2821s

Section 2821.  Notice of Meeting of Viewers.--(2821 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2822s

Section 2822.  Swearing Viewers; Hearings; Schedules of Damages and Benefits.--(2822 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2823s

Section 2823.  Assessment of Damages and Benefits.--(2823 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2824s

Section 2824.  Assessment Awards.--In proceedings to assess damages and benefits, if the land or property is both benefited and damaged by such improvements, the excess of damages over benefits, or the excess of benefits over damages, or nothing in case the benefits and damages are equal, shall be awarded to or assessed against the owner of land and property affected thereby.

(2824 reenacted Mar. 19, 2014, P.L.52, No.22)

19310317u2825s

Section 2825.  Separate Reports of Damages and Benefits.--(2825 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2826s

Section 2826.  Notice when Schedules will be Exhibited.--(2826 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2827s

Section 2827.  Service of Notices.--(2827 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2828s

Section 2828.  Report of Viewers; Plan of Improvements.--(2828 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2829s

Section 2829.  Notice of Filing of Report.--(2829 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2830s

Section 2830.  City to Pay Costs of Proceedings.--(2830 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2831s

Section 2831.  Judgment for Amount of Award; Execution; Collection of Assessments; Payment of Damages into Court in Certain Cases.--(2831 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2832s

Section 2832.  Exceptions to Report of Viewers.--(2832 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2833s

Section 2833.  Confirmation of Report of Viewers.--(2833 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2834s

Section 2834.  Effect of Exceptions on Confirmation of Report.--(2834 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2835s

Section 2835.  Appeals from Confirmation after Exceptions.--(2835 repealed June 3, 1971, P.L.118, No.6 and Apr. 28, 1978, P.L.202, No.53)

19310317u2836s

Section 2836.  Effect of Appeals.--(2836 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2837s

Section 2837.  Filing Assignments of Error, Et Cetera.--(2837 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2838s

Section 2838.  Certificate of Judge of the Court Below.--(2838 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2839s

Section 2839.  Effect of Affirmation of Decree of Court Below.--(2839 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2840s

Section 2840.  Consolidation of Appeals.--(2840 repealed June 3, 1971, P.L.118, No.6 and Apr. 28, 1978, P.L.202, No.53)

19310317u2841s

Section 2841.  Appellants May Unite in Appeals; Effect Thereof.--(2841 repealed June 3, 1971, P.L.118, No.6 and Apr. 28, 1978, P.L.202, No.53)

19310317u2842s

Section 2842.  Appeals from Reports of Viewers for Jury Trial.--(2842 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2843s

Section 2843.  Costs.--(2843 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2844s

Section 2844.  Notices; Appeals from the Court Below.--(2844 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2845s

Section 2845.  Appeals to the Wrong Court.--(2845 repealed June 3, 1971, P.L.118, No.6 and Apr. 28, 1978, P.L.202, No.53)

19310317u2846s

Section 2846.  Appeals not to Prevent Filing Liens.--(2846 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2847s

Section 2847.  Discontinuance of Proceedings.--(2847 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2848s

Section 2848.  Assessments to Bear Interest.--(2848 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2849s

Section 2849.  Damages to Bear Interest.--(2849 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2850s

Section 2850.  Title Acquired.--(2850 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2851s

Section 2851.  Land Transferable.--(2851 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u2901h

 

ARTICLE XXIX

STREETS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

(a)  Plans and Location

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2901s

Section 2901.  Map of Streets.--Council may authorize and approve a comprehensive map of city streets which may, but need not, be a part of an official map adopted in accordance with the Municipalities Planning Code. If a comprehensive map of city streets is adopted, any street subsequently laid out in accordance with this act shall be deemed an amendment to the comprehensive map.

(2901 added Mar. 19, 2014, P.L.52, No.22)

19310317u2902s

Section 2902.  Laying Out Streets.--(a)  A city shall have the power to and may lay out streets by any of the following means:

(1)  By identifying the street on a comprehensive map of city streets, in an amendment to the comprehensive map or in a recorded subdivision or land development plan.

(2)  By an ordinance laying out any area for future opening as a public street.

(b)  If, at the time of the enactment of an ordinance in accordance with subsection (a)(2), the lines of the laid-out street include property not subject to use as a public passageway, the ordinance shall be filed with the recorder of deeds of the county where the city is located. The recorder of deeds shall index the ordinance by name of city, the name of the property owner and, if applicable, the parcel number of the property through which the proposed street is laid out.

(2902 added Mar. 19, 2014, P.L.52, No.22)

19310317u2903s

Section 2903.  Effect of Laying Out of Street.--With regard to land not previously used by the city as a passageway for public travel, the laying out and locating of a street in accordance with this article shall not, in and of itself, do any of the following:

(1)  Authorize the entry upon or the appropriation of any property.

(2)  Constitute the opening of any street or the taking or acceptance of any land.

(3)  Obligate the city to improve or maintain the street or land.

(2903 added Mar. 19, 2014, P.L.52, No.22)

19310317u2904s

Section 2904.  Improvements Within Laid-out Streets.--No permit shall be issued for any building within the lines of any street laid out pursuant to this article. No person shall recover any damages for the taking for public use of any building or improvements constructed within the lines of any street after the same shall have been included in the general plan or official map, and any building or improvement shall be removed at the expense of the owner.

(2904 added Mar. 19, 2014, P.L.52, No.22)

19310317u2905s

Section 2905.  Locations not to Authorize Entry.--(2905 repealed July 31, 1968, P.L.805, No.247)

19310317u2906s

Section 2906.  No Damages Allowed for Erections Upon Located Streets.--(2906 repealed July 31, 1968, P.L.805, No.247)

19310317u2915h

 

(b)  Opening, Widening, Extending, Straightening and Vacating

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2915s

Section 2915.  Power to Open, Etc.--(a)  With regard to any street or any part of a street within city limits, a city may, with or without any petition of property owners, do any of the following:

(1)  Open, widen, straighten, alter, extend and improve.

(2)  Establish or reestablish the grades.

(3)  Keep in order and repair and in safe passable condition.

(4)  Vacate and discontinue whenever deemed expedient for the public good.

(5)  With the approval of the Department of Transportation, vacate highways laid out by the Commonwealth within the city limits which have remained unopened for thirty years.

(b)  A city may provide for the payment of the cost for any of the actions authorized in subsection (a), either in whole or in part, from the general revenues of the city.

(2915 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2916s

Section 2916.  Ordinances When No Petition is Presented.--(a)  An ordinance shall be enacted for the opening, widening, straightening, extending or vacating of any street, without petition of property owners, by the affirmative vote of a majority of the whole number of members of the council plus one.

(b)  An ordinance pursuant to subsection (a) shall not be finally enacted until the expiration of twenty-eight days from the date of its introduction and, in the meantime, copies thereof shall be published in a newspaper of general circulation in the city once a week for three consecutive weeks, immediately following the introduction thereof, and, in case no newspaper is published in the city, then in the same manner in one newspaper published in the county as required by section 109.

(2916 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2917s

Section 2917.  Erection of Improvements Restricted.--Any ordinance widening or straightening any street, or part thereof, shall fix the new line or lines and may require that thereafter no owner or builder shall erect any new building or rebuild or alter the front of any building already erected without making it conform to the new lines, in which case the land owner's right of action shall accrue only when the city actually enters on and occupies the land within the lines or the building is located or relocated to conform to the lines.

(2917 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2918s

Section 2918.  Petition for Opening, Etc.--(a)  A petition may be presented to council for the opening, widening, straightening, altering, extending, vacating or establishing or reestablishing of the grade of any street.

(b)  A petition made pursuant to this section shall be signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed improvement or vacation as fixed at the time of presentation of the petition and shall be verified by the affidavit of one or more of the petitioners. The majority in interest of owners of undivided interests in any piece of property shall be deemed as one person for the purposes of the petition.

(2918 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2919s

Section 2919.  Notice of Petition.--After the presentation of the petition presented in accordance with section 2918 and council's determination of the adequacy of the petition, but before final enactment of any ordinance enacted pursuant to the petition, notice shall be published in a newspaper of general circulation once a week for three consecutive weeks as required by section 109, and, handbills shall be posted in conspicuous places along the line of the proposed improvement. The notice and handbills shall state the fact that the petition for the improvement was signed by a majority in interest and number of the owners of property abutting the line of the proposed improvement and that any person interested may provide comments at a public hearing to be held at a date, time and place as stated in the published notice and handbills. If, after the hearing, council determines to proceed with the consideration of an ordinance pursuant to the petition, it shall publish notice of the ordinance and incorporate reference to any maps or drawing, in accordance with subdivision (a.1) of Article X.

(2919 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2920s

Section 2920.  Appeal from Ordinance.--(2920 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2921s

Section 2921.  Effect of Failure to Appeal.--(2921 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2922s

Section 2922.  Assessment of Damages and Benefits.--If necessary, in any proceedings to exercise one of the powers given in section 2915, viewers shall be appointed, damages awarded and benefits assessed as provided in 26 Pa.C.S. (relating to eminent domain) or as provided in this act for the assessment of benefits.

(2922 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2930h

 

(c)  Grading, Paving, Macadamizing, Et Cetera

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2930s

Section 2930.  Power to Grade, Pave, Macadamize, Et Cetera.--(a)  Every city may grade, pave, macadamize or otherwise improve any street, or part thereof, and the sidewalks thereof when included as a part of the improvement, have the same set with curbstone and provide for the drainage thereof.

(b)  Every city may also provide for the improvement of any street, or any sections or parts thereof, in length, in the space between the curb, gutter or cartway and the property line, either by an original work or improvement thereon, or by a change, repair, renewal or alteration in the street or curb, or in parking spaces, or shade trees, or by changing, altering, renewing, replanting, pruning or otherwise making improvements therein.

(2930 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2931s

Section 2931.  Payment of Cost of Improvement.--The costs and expenses of the improvements done under section 2930 shall be paid, in whole or in part, by the city, or by the owners of real estate bounding and abutting thereon, which cost and expense upon the abutting real estate shall be assessed in accordance with Article XLV-A.

(2931 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2932s

Section 2932.  Assessment of Cost by Foot-Front Rule.--(2932 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2933s

Section 2933.  Assessment of Costs According to Benefits.--(2933 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2934s

Section 2934.  Ordinance for Improvement at Expense of Property Owners upon Petition.--(2934 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2935s

Section 2935.  Ordinance for Improvement at Expense of Property Owners without Petition.--(2935 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2936s

Section 2936.  Appeal from Ordinance.--(2936 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2937s

Section 2937.  Assessment of Damages and Benefits.--(2937 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2938s

Section 2938.  Preparation of Streets for Paving or Repairing.--(a)  Council may provide, by ordinance, for the laying, renewing and repairing of all gas, water, steam or other pipes or conduits in any street, before the paving, repaving or repairing of the same and for making the necessary connections with the pipes.

(b)  With regard to main or lateral sewers, council may provide for the necessary connections and branches leading into main or lateral sewers.

(c)  With regard to connections requiring extensions from sewers or from gas, water, steam or other pipes or conduits, council may not require private utility companies to make extensions beyond the inner line of the curbstone of the street unless it determines that it is necessary to do so as a sanitary measure.

(d)  If, after notice to all companies, corporations, persons and owners affected of the necessity for the laying, renewing and repairing of gas, water, steam or other pipes or conduits in a street and the necessity of making necessary connections, prior to the proposed paving, repaving or repairing of the street, there is a failure to comply, council may perform work and may collect the cost of paving or repaving, or repairing of the pipes or conduits, with interest, from the companies, corporations, persons and owners affected. The cost of the sewer connections shall be a first lien against the land for whose benefit the connections are made. A separate lien may be filed therefor, or the sewer connection cost may be included in any lien filed for the cost of the street improvement, and the lien and the proceedings thereon shall be as in the case of other municipal liens.

(2938 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2939s

Section 2939.  Highways in Cities.--Wherever in this act a city is given powers, rights and duties as to its streets or sections thereof, the same shall extend as well to highways or sections thereof which are also streets of the city, to the extent that the city is legally responsible for them, pursuant to agreement or otherwise, excepting damages to abutting property owners for acts of the Commonwealth unless the city shall assume them, under this act or the act of June 1, 1945 (P.L.1242, No.428), known as the "State Highway Law." The use of the word "street" in this act shall to that extent include highways.

(2939 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2950h

 

(d)  Grade Crossings

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2950s

Section 2950.  Grade Crossing; Pennsylvania Public Utility Commission; Jurisdiction; Damages.--(a)  Every city constructing a street across a railroad shall construct the same above or below the grade thereof, unless permitted by the Pennsylvania Public Utility Commission to construct the same at grade.

(b)  Any new construction of a street crossing a railroad, or any vacation of any street crossing a railroad, shall be constructed or vacated only in a manner consistent with the rules and regulations and under the jurisdiction of the Pennsylvania Public Utility Commission. The compensation for damages to the owners of adjacent property taken, injured or destroyed by the construction of a street crossing a railroad or any vacation of any street crossing a railroad shall be ascertained, fixed and paid in a manner consistent with 66 Pa.C.S. Pt. I (relating to public utility code).

(2950 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2951s

Section 2951.  Public Utility Commission; Jurisdiction; Damages.--(2951 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2955h

 

(e)  Acquisition of Unobstructed View Across Lands

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2955s

Section 2955.  Acquisition of Unobstructed Views.--Any city may acquire, by purchase or by the right of eminent domain, a free and unobstructed view down and across lands located at or near intersections or curves of streets, railroads or railways, to assure a free and unobstructed view in all directions at the intersections or curves and to prevent the use of the lands over and across which the view was acquired for any purpose or in any manner which may interfere with or obstruct the vision of any person or persons traveling upon any street within the city.

(2955 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2960h

 

(f)  Use of Abutting Lands

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2960s

Section 2960.  Use of Abutting Lands for Embankments, Slopes, Fills, and Culverts.--In the grading of any street, or any part thereof, cities are hereby authorized and empowered to use so much of the lots and lands abutting on the street for the construction of embankments, slopes, fills and culverts, as may be necessary for the completion of the improvement. Compensation for damages, costs and expenses, resulting from the use of lots and lands abutting on the street for the construction of embankments, slopes, fills and culverts shall be made in the same manner as compensation for using and occupying private lands for the grading of streets in accordance with section 2801.

(2960 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2963h

 

(g)  Abandoned Turnpikes

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2963s

Section 2963.  Maintenance and Improvement of Condemned and Abandoned Turnpikes.--(2963 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2965h

 

(h)  Unlawful Assessments

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2965s

Section 2965.  Repayment of Assessments Paid to City by Owners of Property Unlawfully Assessed.--(2965 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2970h

 

(i)  Streets or Roads Connecting City with Highways

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2970s

Section 2970.  Appropriation for Connections with Highways.--Cities may, singly or jointly, with other political subdivisions, appropriate and expend moneys for the improvement of streets or roads beyond the limits of the cities for the purpose of connecting improved streets in the cities with a highway.

(2970 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2975h

 

(j)  Detours

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2975s

Section 2975.  Street Closings; Detours.--(a)  The following shall apply to the closing of a street to vehicular traffic:

(1)  No street shall be closed to vehicular traffic, except upon order of the Department of Streets and Public Improvements, or other department of the city having jurisdiction over public streets or, in cases of emergency where immediate action is necessary to protect public safety, by order of the mayor, the police or the fire marshal.

(2)  A street may not remain closed for a longer period than is necessary for the purpose for which the order to close was issued.

(3)  Except in cases of emergency, where immediate action is necessary to protect public safety, no street shall be closed to vehicular traffic when the same has been designated as a detour by the Department of Transportation, unless the written consent of the Secretary of Transportation has first been obtained or unless council shall, by resolution duly recorded on its minutes, declare the closing necessary for the safety of the public.

(4)  When any street which forms a part or section of a State highway, or has been designated as a detour by the Department of Transportation, is closed to vehicular traffic, the city shall at once notify the Department of Transportation of the creation of a detour, as hereinafter provided. When the detour is removed, the Department of Transportation shall also be notified at once of the removal.

(5)  When any street is to be closed, it shall be the duty of the official or department that authorized the closing to designate a detour.

(6)  While the detour is in use, legible signs shall be erected and maintained at reasonable intervals, indicating the proper direction, and the detour shall be maintained in safe and passable condition.

(7)  When the street that had been closed is opened for traffic, all detour signs shall be removed.

(b)  A city may enter into agreement with the owners of private lands covering the acquisition of right-of-way privileges for a detour over private property for the period when a street shall be closed to traffic. In case no agreement satisfactory to the parties can be reached, the city may proceed with the construction of the detour, with the owner of the property taken for the detour entitled to seek damages, if any, in the same manner as damages are now ascertained for the opening of streets in the city.

(c)  In the exercise of the rights conferred by this section relating to detours, council is hereby empowered to pay for the necessary maintenance, subsequent repair and land rental out of funds available for the construction and maintenance of city streets.

(d)  Any person who shall wilfully remove, deface, destroy or disregard any barricade, light, danger sign, detour sign, signal or warning of any other character whatsoever so legally erected or placed or who shall drive on, over or across any street which has been closed by proper authority commits a summary offense punishable upon conviction thereof in accordance with section 1018.16, but with a mandatory fine of not less than five hundred dollars ($500) or more than the maximum fine authorized in section 1018.17 for the second or any subsequent offense and shall pay the costs of prosecution together with the value of the property so removed, defaced or destroyed, except that persons who have no outlet due to the closing of a street may drive on, over or across the street, subject to reasonable conditions as may be prescribed by the city without being subject to the penalties imposed by this section.

(e)  All fines collected under the provisions of this section shall be paid over to the treasurer of the city.

(f)  In addition to the penalties provided in subsection (d), the city, its agents or contractors may, in an action at law, recover damages from any person or persons who have damaged a street when it is closed to vehicular traffic.

(2975 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2976s

Section 2976.  Closing of Streets Designated as Detours by State.--(2976 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2977s

Section 2977.  Notice of Detour on Streets Forming Part of Highway.--(2977 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2978s

Section 2978.  Detours to be Provided when Streets Closed.--(2978 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2979s

Section 2979.  Penalties.--(2979 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2985h

 

(k)  Boundary Streets

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u2985s

Section 2985.  Maintenance of Streets Forming Boundaries.--Whenever any street is on the boundary line between any city and any other municipal corporation, the street shall be maintained jointly by the city and the other municipal corporation. For the purpose of maintaining any such street, the officers of any city are hereby directed to enter into agreements with the other municipal corporation providing the manner in which the same shall be maintained and providing for the division of the cost of maintenance between the city and other municipal corporation. If any other municipal corporation shall fail or refuse to enter into any such contract, the city or any taxpayer of the other municipal corporation may present a petition to the court of common pleas of the county, setting forth the facts. The court, after hearing, of which notice shall be given to all parties interested as the court may direct, shall make an order directing the manner of such maintenance and the division of the cost of maintenance between the city and the other municipal corporation.

(2985 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2986s

Section 2986.  Streets, the Center Line of Which Is the Boundary Between City and Another Municipal Corporation.--Whenever any street constitutes the dividing line between a city and another municipal corporation, the city may enter into a contract with the other municipal corporation to provide for the grading, curbing, draining, paving and macadamizing of the street. The alterations and improvements shall be made under the supervision of the city or other municipal corporation, or by contract let by the city or the other municipal corporation, as may be provided for in the contract between the city and the other municipal corporation.

(2986 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2987s

Section 2987.  Street, the Center Line of Which is the Boundary between Municipalities in Different Counties.--(2987 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u2988s

Section 2988.  Streets More Than Half of Whose Width is Within City.--(a)  Whenever any street, more than one-half the width of which is within the limits of any city shall divide the city from any other municipal corporation, the street may be improved by the city in the same manner as if the street were entirely located within the limits of the city.

(b)  The property, within and without the city, that abuts the street and benefits from the improvements may, for a depth of one hundred and fifty feet plus one-half the width of the street, the total measured from its center line, be assessed for any and all municipal improvements to or on the street in the same manner as the property would be assessed under the provisions of this act if it were entirely located within the limits of the city.

(2988 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2989s

Section 2989.  Assessment for Improvements on Property Outside Limits Where Street Entirely Within City.--Whenever any street, entirely within the limits of any city, shall divide the city from any other municipal corporation, the property on the side of the street, within and without the city, that abuts the street and benefits from the improvement may, for a depth of one hundred and fifty feet from said line, be assessed for any and all municipal improvements to or on the streets on which the property abuts, in the same manner as the property would be assessed under the provisions of this act if it were entirely located within the limits of the city.

(2989 amended Mar. 19, 2014, P.L.52, No.22)

19310317u2990s

Section 2990.  Street the Center Line of Which is the Dividing Line Between a City and Borough or Township of the First Clas; Assessments.--(2990 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3001h

 

ARTICLE XXX

SIDEWALKS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u3001s

Section 3001.  Power to Lay Out and Grade Sidewalks; Compel Construction of Sidewalks.--Any city may lay out, ordain and establish sidewalks, curbs, gutters and drains along any street, and may, with or without petition, require owners of property abutting on any street to construct, pave, curb, repave and recurb the sidewalks, and keep the same in good repair along their property, at such grades and under such regulations and specifications as council may provide. The written consent of the Department of Transportation shall first be obtained if the highway is a State highway.

(3001 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3002s

Section 3002.  Construction by Cities Upon Failure of Owner So to Do; Collection of Cost.--(a)  Upon failure of any owner of property abutting on any street to construct, pave, curb, repave, recurb or maintain any sidewalk, in accordance with the notice required in subsection (d), the city, itself or by contract, may complete the construction, paving, curbing, repaving, recurbing or maintenance.

(b)  Costs incurred by the city pursuant to subsection (a) may be levied against and collected from the owner who failed to complete the construction, paving, curbing, repaving, recurbing or maintenance of the sidewalk pursuant to notice to do so, together with a penalty of ten per centum of the costs and all charges and expenses.

(c)  The costs, penalties, charges and expenses provided for in subsection (b) shall be a lien upon the property for which the notice to construct, pave, curb, repave, recurb or maintain the sidewalk was given. The lien shall exist from the time of the completion of the work, which shall be certified in accordance with section 1504. The lien may be filed and proceeded in as provided by law in the case of municipal liens or may be collected from the owner by action in assumpsit. Alternatively, the cost may be borne by the city in whole or in part and, if in part, the rest to be collected as provided by this section.

(d)  The notice required by this section shall be served upon the owner of property to construct, pave, curb, repave, recurb or maintain a sidewalk, if that can be done within the county; if this cannot be done, then the notice may be served upon the owner's agent or the party in possession; and if this cannot be done, then the notice may be served by posting conspicuously upon the premises. Council may, by ordinance, provide that, upon service or posting of notice in accordance with this section, an owner shall be deemed to have failed to comply if the work is not completed within a specified period, which may be more but shall not be less than forty-five days after the service or posting.

(3002 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3002.1s

Section 3002.1.  Ordinances.--All reconstruction, repaving, and recurbing of sidewalks may be provided for in the ordinance providing for the original construction, paving and curbing of sidewalks without the necessity for adopting a new ordinance providing for the reconstruction, repaving and recurbing.

(3002.1 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3003s

Section 3003.  Emergency Repairs; Notice; Cost.--(a)  Any city may make emergency repairs to sidewalks, within its corporate limits if the officer or designated individual representing the department in charge of repairs to sidewalks, upon inspection, determines that a substantial and immediate danger exists to the public health, safety and welfare, in which case the officer or individual shall prepare a written report of those conditions which shall be conclusive evidence of the existence of the emergency justifying the repair.

(a.1)  This section is intended to provide an additional remedy for cities in connection with emergency repairs of sidewalks.

(b)  A copy of the written report shall be served upon the abutting property owner, along with a notice to make emergency repairs to the sidewalk within forty-eight hours of service of the notice and report. The notice and copy of the report shall be served as provided in this article for constructing and maintaining sidewalks and curbs. It shall expressly state that emergency repairs are required. If the owner fails to make the emergency repairs within the prescribed time, the city may make the emergency repairs to the sidewalk.

(c)  Upon the completion of any emergency repairs, the cost thereof shall be a charge against the owner of the abutting property and shall be a lien, until paid, upon the abutting property, provided a claim is filed therefor in accordance with the law providing for the filing and collection of municipal claims. The amount of the claim against the owner of the abutting property may also be collected from the owner by an action in assumpsit.

(3003 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3004s

Section 3004.  Cost of Emergency Repairs to be a Lien.--(3004 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3101h

 

ARTICLE XXXI

BRIDGES

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

(a)  Construction and Maintenance

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3101s

Section 3101.  Construction and Maintenance of Bridges.--(a)  Cities may locate, build and maintain bridges, wholly or partially within the city limits, along with the piers, abutments and approaches appurtenant to the bridges, to be used as public streets.

(b)  As used in this article, a bridge shall mean a structure built to span and provide passage over a valley, road, railroad track, private property, river, creek, stream or any other body of water or physical obstacle and shall include viaducts constructed from a series of spans or arches.

(3101 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3102s

Section 3102.  Ordinance for Location of Bridges; Procedure.--Cities may enact ordinances fixing the location and providing for the laying-out and opening of the routes or locations for bridges, which shall be public streets; and the proceedings for the laying-out and opening thereof shall be the same as is provided by this act for the laying-out and opening of streets.

(3102 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3103s

Section 3103.  Right to Appropriate Property; Assessment of Damages.--In case the city has not agreed with the owner or owners for the damages done, or likely to be done, by the erection of the bridge, the city may take and appropriate the lands and property necessary, over and across which to erect the bridge, and the measure of damages for the taking and appropriation shall be assessed in the same manner and with like proceedings as provided for property taken, injured or destroyed under 26 Pa.C.S. (relating to eminent domain).

(3103 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3110h

 

(b)  Joint Construction and Maintenance

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3110s

Section 3110.  Agreement for Joint Construction and Maintenance.--(a)  The city may enter into an agreement with any political subdivision or other public agency whatsoever or public utility or any other person interested and by law authorized thereto, or with any or all of them, for the laying out, construction, improvement and maintenance of any bridge, or for certain parts thereof, and for the payment of any damages caused thereby.

(b)  An agreement as authorized in subsection (a) shall provide for the respective duties, obligations and responsibilities of the parties thereto, including, but not limited to, construction and maintenance of the bridge, or for certain parts thereof, and for payments relating thereto and damages caused thereby.

(c)  After an agreement, as authorized in subsection (a), has been entered into, the city, in conjunction with the other parties thereto, shall have the authority to have prepared plans or specifications of the entire work, and thereafter advertise for bids in the manner required by law, and award the contract to the lowest responsible bidder. The city shall be liable to the contractor for only such part of the contract price as it has agreed to pay by the agreement, as authorized in subsection (a), but it shall, in addition, be liable to the contractor for any moneys actually paid into the city treasury by the other parties pursuant to the terms of the agreement.

(3110 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3111s

Section 3111.  Stipulations of Joint Contract; Maintenance.--(3111 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3112s

Section 3112.  Plans; Bids; Awarding of Contract.--(3112 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3113s

Section 3113.  Subsequent Contract With Railroad Which has not Contributed toward Cost.--(3113 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3114s

Section 3114.  Recording of Contract.--Any of the contracts hereinabove provided for may be recorded in the office of the recorder of deeds in the proper county. Such record shall be notice to all persons who might be affected thereby.

(3114 reenacted Mar. 19, 2014, P.L.52, No.22)

19310317u3115s

Section 3115.  Power to Construct Boundary Bridges.--Whenever a creek, over which a bridge may be necessary, shall be on the division line of a city and another municipality, the city may enter into an intergovernmental agreement pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) with the municipality for the construction and maintenance of a bridge and for apportionment of the costs.

(3115 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3120h

 

(c)  Acquisition of Existing Bridges

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3120s

Section 3120.  Power to Acquire Existing Bridge.--(3120 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3121s

Section 3121.  Assessment of Damages.--(3121 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u3130h

 

(d)  Acquisition of Toll-Bridges

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3130s

Section 3130.  Power to Acquire Toll-Bridges.--(3130 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3131s

Section 3131.  Assessment of Damages for Taking.--(3131 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u3132s

Section 3132.  Damages and Costs in Case of Discontinuance of Proceedings.--(3132 repealed Apr. 28, 1978, P.L.202, No.53)

19310317u3133s

Section 3133.  Contract with County for Purchase.--(3133 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3134s

Section 3134.  To Become a Public Bridge; Rentals for Other than Foot and Vehicle Travel.--(3134 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3135s

Section 3135.  Acquisition of Existing Bridges.--Any city may purchase, condemn, maintain and use any public toll-bridge crossing any river or stream within the limits of the municipality, together with the approaches and appurtenances thereto, and may enter into contracts with the county commissioners or the legislative body in a county that has adopted a home rule charter of the proper county whereby the county shall pay a portion of the cost thereof.

(3135 added Mar. 19, 2014, P.L.52, No.22)

19310317u3201h

 

ARTICLE XXXII

SANITARY SEWERS

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  Section 2 of Act 209 of 1990 provided that the provisions of Act 317 relating to the charging of a tapping fee for connection to a municipally owned water or sewer system are repealed insofar as they are inconsistent with Act 209, which amended the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code (MPC). Section 507-A of the MPC prohibits the imposition of a tapping fee or similar fee unless such fee is calculated as provided in the applicable provisions of the act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945. The Municipality Authorities Act of 1945 was repealed by the act of June 19, 2001 (P.L.287, No.22). The subject matter is now contained in 53 Pa.C.S. Ch.56 (relating to municipal authorities).

 

(a)  Construction

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3201s

Section 3201.  Construction of Sanitary Sewers; Cost; Eminent Domain.--(a)  Any city shall have the power to construct and reconstruct, or cause to be constructed or reconstructed, in its streets, and over and across public and private lands or property, sanitary sewers of all kinds, main or local, with extensions thereof, and with lateral and branch sewers therefrom, including house connections to the curb.

(b)  The cost and expense of construction and reconstruction in accordance with subsection (a) may be paid out of the general revenues or special funds raised for said purpose, or assess the same, in whole or in part, upon property benefited, improved or accommodated, as provided for in Article XLV-A.

(c)  The city shall have the right of eminent domain to effectuate the purposes of this section. The damages for property taken, injured or destroyed shall be ascertained and paid as provided in 26 Pa.C.S. (relating to eminent domain).

(3201 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3201.1s

Section 3201.1.  Required Connection; Fees.--In addition to paying for the cost and expense of construction or reconstruction in accordance with section 3201(b), a city may, by ordinance, require connection to a sanitary sewer system provided by the city or a municipal authority serving the city, and impose and charge to property owners who desire to or are required to connect to the sanitary sewer system a connection fee, a customer facilities fee, a tapping fee and other similar fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers) as a condition of connection to a city-owned sewer collection, treatment or disposal facility.

(3201.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3202s

Section 3202.  Fee for Tapping Where Sewer is Paid For by City.--(3202 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3203s

Section 3203.  Assessment of Cost of Local Part of Main Sewers.--(3203 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3204s

Section 3204.  Costs of Main Sewers.--(3204 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3205s

Section 3205.  Assessment of Cost of Local Sewers.--(3205 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3206s

Section 3206.  Construction of Sanitary Sewage Treatment Works; Assessment of Cost.--(a)  Any city may construct or cause to be constructed sanitary sewage treatment works, and the same may likewise be a part of the same improvement and under the same contract as sanitary sewers.

(b)  Sewage treatment works may be erected within or without the limits of the city. The city shall have authority to acquire, by eminent domain or otherwise, property within or, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), without the limits of the city deemed necessary for such treatment works and the sewers leading thereto.

(3206 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3207s

Section 3207.  Reductions in Assessments for Corner or Irregular Shaped Lots.--(3207 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3208s

Section 3208.  Assessment of Cost by Viewers Appointed by Council.--(3208 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3209s

Section 3209.  Report of Council's Viewers; Notice; Objections; Hearing.--(3209 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3210s

Section 3210.  Certification of Assessments for Collection; Liens.--(3210 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3211s

Section 3211.  Rental Charge for Use of Sewers.--(3211 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3212s

Section 3212.  Limitation of Amount of Sewer Rental Charge.--(3212 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3213s

Section 3213.  Collection of Sewer Rentals.--(3213 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3213.1s

Section 3213.1.  Rental Fees or Charges.--(a)  All persons whose property is connected to a sanitary sewer system shall pay to the city, in addition to the cost of making the connection, a monthly, quarterly, semiannual or annual charge. The charges shall be imposed by the city in accordance with procedures approved by council. Until paid, a charge shall constitute a lien against the property connected to the sanitary sewer system, and the amount thereof may be recovered by due process of law through an action in assumpsit in the name of the city against the owner of the property charged or by a lien filed in the nature of a municipal lien. All water utilities supplying water to users within the boundaries of any city shall at the request of the council furnish to the city, at reasonable times agreed to by the city and water utilities, a list of all water meter readings and flat-rate water bills, and the basis for each flat-rate water charge, so that the data may be used in calculating sewer rental fees. The city may pay to the utilities clerical and other expenses incurred in the preparation of the lists.

(b)  Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities).

(c)  Subject to subsection (d), all sanitary sewer rentals received shall be deposited in a special fund to be used only for the payment of the cost of administration, construction, reconstruction, repair, operation and maintenance of the sanitary sewer system.

(d)  Notwithstanding the provisions of the act of July 18, 1935 (P.L.1286, No.402), entitled "An act empowering counties, cities, boroughs, incorporated towns, and townships to charge and collect from owners of and water users in property served thereby, annual rentals, rates or charges for the use of certain sewers, sewerage systems and sewage treatment works, including charges for operation, inspection, maintenance, repair, depreciation, and the amortization of indebtedness and interest thereon; empowering counties, cities, boroughs, incorporated towns and townships to contract with authorities organized by cities of the second class, by cities of the second class A, by counties or by cities of the third class for sewer, sewerage and sewage treatment services; to grant, convey, lease, transfer, encumber, mortgage and pledge to such authorities, their sewers, sewerage systems and sewage treatment works; to assign and pledge to such authorities rentals, rates and charges charged and collected by them for the use thereof, and to assign to such authorities their power to charge and collect the same; and validating all such contracts, grants, conveyances, leases, transfers, assignments, encumbrances, mortgages and pledges heretofore made," or any other law, city council may transfer part of the sanitary sewer rentals in the special fund to the general fund to meet immediate general financial obligations or to ensure adequate cash flow for city operations, provided, however, that money transferred from the special fund to the general fund shall be repaid to the special fund prior to the end of the fiscal year or at a date specific as council may determine.

(e)  In the case of a city which has agreed to provide sanitary sewer service to a residential dwelling unit in which the owner does not reside, the city shall notify the owner and the tenant within thirty days after the tenant's bill for that service first becomes overdue. The notification shall be provided by first class mail to the address of the owner provided to the city by the owner and to the billing address of the tenant, respectively. Nothing in this subsection shall be construed to relieve the owner of liability for such service unless the city fails to provide the notice required herein.

(3213.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3214s

Section 3214.  Collection of Sewer Rentals.--(3214 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3215s

Section 3215.  Tapping Fees.--(3215 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3220h

 

(b)  Acquisition of Existing Sewers

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3220s

Section 3220.  Purchase of Existing Sewers.--(3220 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3221s

Section 3221.  Ascertainment of Price in Case of Disagreement.--(3221 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3222s

Section 3222.  Appointment of Viewers.--(3222 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3222.1s

Section 3222.1.  Acquisition of Existing Sanitary Sewer Systems.--(a)  A city may, by ordinance, acquire all or part of an existing sanitary sewer system or community subsurface sanitary sewage collection and treatment system.

(b)  Acquisition may be by any of the following means:

(1)  By purchase, when the city and the owner can agree on a price not exceeding the actual value of the sanitary sewer system or part thereof to be transferred.

(2)  By deed of dedication to the city by the owner of the sanitary sewer system or part thereof.

(3)  If the facilities are within the city, by the exercise of eminent domain.

(c)  If any sanitary sewer system or community subsurface sanitary disposal collection and treatment system is acquired by purchase or eminent domain under this section, the cost of acquisition may be distributed or assessed under this act as when a sanitary sewer system is constructed by the city.

(d)  The rights, powers and duties of the city with respect to acquired sanitary sewer systems are the same as exist with respect to sanitary sewer systems constructed by the city.

(3222.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3230h

 

(c)  Construction of Sewers Outside Cartway and Curb Lines

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3230s

Section 3230.  Sewers Outside Cartway and Curb Lines.--(a)  Cities may require and permit sanitary sewers and sewer pipes to be laid and constructed outside the cartway and the curb lines thereof in any street or highway.

The sanitary sewers shall be for the service and use of the property on the side of the street or highway in which they are laid.

(b)  The costs and expenses of any sanitary sewer laid and constructed in accordance with subsection (a) may be assessed against the property benefited, improved and accommodated by the sanitary sewer.

(3230 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3231s

Section 3231.  Collection of Costs and Expenses.--(3231 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3240h

 

(d)  Joint Sewers

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3240s

Section 3240.  Building Joint Sewers.--(a)  Cities may jointly with other municipalities or municipal authorities build and construct sanitary sewers, including trunk-line sewers or drains and sewage treatment works, and may connect into such system existing sanitary sewers, and may assess their respective portions of the cost thereof, or so much thereof as may be legally assessable, upon property benefited, improved and accommodated by the improvement pursuant to Article XLV-A. Any portion of the cost of an improvement not assessed or not assessable shall be paid as agreed upon by the respective cities and other municipalities or municipal authorities.

(b)  The cities and other municipalities or municipal authorities joining or contemplating joining in any such improvement, in order to facilitate the securing of preliminary surveys and estimates and the building of the improvement, may, by ordinance or resolution, provide for the appointment of a joint sewer board composed of one representative from each of the cities and other municipalities or municipal authorities joining which shall act generally as the advisory and administrative agency in securing surveys and estimates and in the construction of the improvement, and its subsequent operation and maintenance. The members of the board shall serve for terms of six years each from the dates of their respective appointments, and until their successors are appointed. The joint sewer board shall organize by the election of a chair, vice-chair, secretary, and treasurer. The several cities and other municipalities or municipal authorities may, in the ordinances and resolutions creating the joint sewer board, authorize the board to appoint an engineer, a solicitor and other assistants as are deemed necessary; and agree to the share of the compensation of the persons each city and other municipalities or municipal authorities is to pay. The members of the joint sewer board shall receive compensation for attending meetings of the board, as shall be fixed in the budget prepared by the board for submission to and adoption by the several cities and other municipalities or municipal authorities as hereinafter provided. The budget item providing for the compensation to members for attending meetings shall not exceed a total of two hundred and fifty dollars per year, and no member shall be paid unless the member actually attends, and the fee for each attendance shall be stipulated, and the members, in addition thereto, shall be entitled to actual expenses to be paid by the respective cities and other municipalities or municipal authorities which the members represent.

(c)  The joint sewer board shall have power to adopt rules and regulations to govern its proceedings, and shall prepare and suggest any practical measures and plans by means of which the joint improvement may be carried to successful completion, and the future development of the system, so as to conform to a general plan, assured and safeguarded. The joint sewer board shall have power to prepare a joint agreement or agreements for submission to and adoption by the several cities and other municipalities or municipal authorities defining the advisory and administrative powers of the board; setting forth the consents of the several cities and other municipalities or municipal authorities to the proposed improvement; the manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted; how proposals for bids shall be advertised and contracts let; the manner in which the costs of the improvement and other incidental and preliminary expenses in connection therewith, and the future cost of operation and maintenance shall be equitably shared, apportioned and paid; and all such other matters including the preparation and submission of annual and other budgets as may be deemed necessary or required by law to carry the proposed improvement to completion and to assure future maintenance and operation thereof. Nothing contained herein shall authorize the board to make any improvement or expend any public moneys which has not first been authorized by all of the cities and other municipalities or municipal authorities proceeding with the improvement.

(d)  In any case where it shall be necessary to acquire, appropriate, injure or destroy private property of any kind to build any joint sewer improvement, and the same cannot be acquired by purchase or gift, the right of eminent domain shall vest in the city or other municipalities or municipal authorities where the property is located. In any case where it shall be necessary to acquire, injure or destroy property of any kind in any territory not within the limits of any of the cities and other municipalities or municipal authorities joining in the improvement then, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), the right of eminent domain shall be vested in any city and other municipalities or municipal authorities joining in the sewer improvement. Damages for any property taken, injured or destroyed shall be assessed as provided by the general laws relating to the cities and other municipalities or municipal authorities exercising the right of eminent domain and, pursuant to the procedures of 26 Pa.C.S. (relating to eminent domain) if applicable, shall be paid by the several cities and other municipalities or municipal authorities joining in the same proportion as other costs of the improvement.

(e)  Each of the cities joining in an improvement authorized by this section shall have power to incur or increase its indebtedness in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), for the purpose of paying its share or portion of the costs of the improvement.

(3240 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3241s

Section 3241.  Approval of Department of Environmental Protection.--No sewer or plant shall be constructed until plans and specifications have been submitted to the Department of Environmental Protection and approved in accordance with provisions of applicable law.

(3241 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3242s

Section 3242.  Connections with Sewers of Adjacent Municipalities.--(3242 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3243s

Section 3243.  Applications to Court.--(3243 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3244s

Section 3244.  Appointment of Viewers.--(3244 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3245s

Section 3245.  Report of Viewers; Appeals to Court.--(3245 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3245.1s

Section 3245.1.  Municipal Corporation; Municipal Authority; Agreements for Connections; Appointment of Viewers.--(a)  Any city may by agreement connect with an existing sanitary sewer owned by any municipal corporation or municipal authority for either sanitary sewage collection or treatment purposes.

(b)  When any city desires to connect with the existing sewer of any municipal corporation or municipal authority and no agreement has been reached between the city and the municipal corporation or municipal authority, city council shall present a petition to the court of common pleas setting forth those facts. The court shall fix a day for a hearing and notify all interested parties thereof. If, after the hearing, the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer system, the court shall appoint three viewers to view the premises, investigate the facts of the case, assess the necessary costs and expenses of making the connection and assess the proportionate part of the expense of building the original sanitary sewer system upon the city. The court shall determine the proportion of the expense for repairs which each municipal corporation, municipal authority and the city shall bear and shall determine all other questions liable to arise in connection therewith.

(c)  The viewers shall report to the court the result of their investigation, which report shall be confirmed within thirty days, unless exceptions thereto are filed. After confirmation of the report or the disposal of any exceptions, any party interested may appeal from the decision of the court of common pleas.

(3245.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3250h

 

(e)  Power to Furnish Sewerage Facilities Outside of City

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3250s

Section 3250.  Sewers Extended Outside of City.--A city with a sanitary sewer system may extend the system and construct sewers beyond the city's boundaries into adjoining municipalities in the county where the city is located and furnish sewer facilities to, and permit the tapping and the connection therewith by any and all corporations, institutions, persons and municipalities in the county where the city is located in accordance with law and the rules and regulations of the Pennsylvania Public Utility Commission. This section does not authorize a city to extend a sewerage system or construct sewers in territory outside the boundaries of such cities in which sewerage facilities are furnished by a private company or by a municipality authority.

(3250 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3260h

 

(f)  Non-debt Revenue Sewer Bonds

((f) repealed June 8, 1965, P.L.104, No.72)

 

19310317u3260s

Section 3260.  Sewer Bonds.--(3260 repealed June 8, 1965, P.L.104, No.72)

19310317u3270h

 

(g) Non-debt Revenue Sewer Capital Improvement Bonds

((g) repealed June 8, 1965, P.L.104, No.72)

 

19310317u3270s

Section 3270.  Non-debt Revenue Bonds for Capital Improvements.--(3270 repealed June 8, 1965, P.L.104, No.72)

19310317u3301h

 

ARTICLE XXXIII

COLLECTION BY INSTALMENT OF THE COST OF STREET

AND SEWER IMPROVEMENTS

(Art. repealed Mar. 19, 2014, P.L.52, No.22)

 

(a)  Street and Sewer Improvements

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3301s

Section 3301.  Payment of Assessments in Instalments.--(3301 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3302s

Section 3302.  Collection of Assessments.--(3302 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3310h

 

(b)  Street Improvements

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3310s

Section 3310.  Issue of Bonds for Payment of Cost of Improvement.--(3310 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3311s

Section 3311.  Disposition of Proceeds of Sale of Bonds; Assessment on Properties.--(3311 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3312s

Section 3312.  Entering of Assessments as Liens.--(3312 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3313s

Section 3313.  Instalment Payment of Assessments.--(3313 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3314s

Section 3314.  Collection of Unpaid Instalments.--(3314 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3315s

Section 3315.  Payment in Advance; Discharge of Lien as Part of Property.--(3315 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3401h

 

ARTICLE XXXIV

WATERCOURSES, FLOOD PROTECTION PROJECTS

AND STORM WATER SYSTEMS

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

19310317u3401s

Section 3401.  Establishing and Changing Watercourses, Flood Protection Projects and Storm Water Systems; Removing Obstructions.--(a)  Subject to obtaining, if required, the authorization of the Department of Environmental Protection and of the Federal Government, a city may, by ordinance, do any of the following:

(1)  Realign, change or vacate the channels, beds and mouths of watercourses through lands, marshes or waters in or adjacent to the city, subject to the limitations in the act of August 7, 1936 (1st Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law, the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams Law," the act of November 26, 1978 (P.L.1375, No.325), known as the "Dam Safety and Encroachments Act," and 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(2)  Confine, pave or completely enclose watercourses within the city.

(3)  Prevent and remove obstructions and encroachments from watercourses and the banks of streams that threaten or do injure the city or property therein, at the expense of those that caused the obstruction or encroachment through proceedings at law or equity.

(4)  Construct and maintain dams in a watercourse flowing through the city, or partly within and partly outside its corporate limits, for the purpose of improving the public health, safety and welfare in the city.

(5)  Plan and provide for projects, infrastructure and improvements as a means of managing and controlling storm water, which may include, but need not be limited to, the transport, storage and the infiltration of storm water and other innovative techniques identified in the county-prepared watershed plans pursuant to the act of October 4, 1978 (P.L.864, No.167), known as the "Storm Water Management Act."

(6)  Plan and provide for projects, infrastructure and improvements as a means of providing flood protection pursuant to the Flood Control Law.

(b)  A city may, for any of the purposes in this section, purchase, acquire, enter upon, take, use and appropriate private property and materials as necessary. Condemnation proceedings shall be pursuant to the procedures in 26 Pa.C.S. (relating to eminent domain), and any takings of property outside the limits of the city shall be subject to the limitations in 26 Pa.C.S. § 206.

(3401 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3402s

Section 3402.  Notice.--(3402 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3403s

Section 3403.  Viewers to Assess Damages.--(3403 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3404s

Section 3404.  Appointment of Viewers.--(3404 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3405s

Section 3405.  Proceedings to Assess Damages.--(3405 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3406s

Section 3406.  Discontinuance of Proceedings.--(3406 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3407s

Section 3407.  Assessment of Benefits; Liens.--With regard to improvements made pursuant to section 3401(a), a city may, if feasible, assess the benefits upon property benefited by the improvements pursuant to Article XLV-A. The assessments of benefits shall become liens upon the property assessed. Claims therefor may be collected in the same manner as municipal claims are collected, or they may be collected by action of assumpsit, the lien of the judgment, however, to be limited to the property assessed.

(3407 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3408s

Section 3408.  Waters Excepted.--Nothing contained in the preceding sections of this article shall apply to any watercourse used by any municipality or water company as a source of supply, unless the municipality or water company shall consent to the vacation or alteration.

(3408 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3409s

Section 3409.  Construction of Dams.--(3409 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3501h

 

ARTICLE XXXV

UTILITY SERVICE

(Hdg. amended Mar. 19, 2014, P.L.52, No.22)

 

Compiler's Note:  Section 2 of Act 209 of 1990 provided that the provisions of Act 317 relating to the charging of a tapping fee for connection to a municipally owned water or sewer system are repealed insofar as they are inconsistent with Act 209, which amended the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code (MPC). Section 507-A of the MPC prohibits the imposition of a tapping fee or similar fee unless such fee is calculated as provided in the applicable provisions of the act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945. The Municipality Authorities Act of 1945 was repealed by the act of June 19, 2001 (P.L.287, No.22). The subject matter is now contained in 53 Pa.C.S. Ch.56 (relating to municipal authorities).

 

(a)  Water Supply

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

(1)  General Provisions

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3501s

Section 3501.  Exclusive Right to Furnish Water to City; Frontage Tax.--(3501 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3501.1s

Section 3501.1.  Right to Furnish Water, Lighting, Electric, Gas or Other Similar Utility Service.--(a)  A city may supply water, lighting, electric, gas or other similar utility service for public and private uses within the city. For these purposes, a city shall have the power to install, maintain and operate all necessary facilities and to acquire property and make improvements as needed. In carrying out the authority granted by this section, a city may exercise all powers granted to it under this act or any other law deemed necessary to carry out the purposes of this section, including the power to acquire, by eminent domain or otherwise, and the power to temporarily use or lease property.

(b)  A city supplying water, lighting, electric, gas or other similar utility service shall have the authority to fix the rates and charges applicable thereto in accordance with section 3587.

(c)  For the purposes of this section, a city shall have the authority to incur debt in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(3501.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3505h

 

(2)  Acquisition by Eminent Domain

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3505s

Section 3505.  Appropriation of Lands and Waters.--(3505 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3506s

Section 3506.  Agreements as to Damages; Bonds.--(3506 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3507s

Section 3507.  Appointment of Viewers; Proceedings.--(3507 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3515h

 

(3)  Acquisition by Purchase after Appraisement

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3515s

Section 3515.  Petition to Court Expressing Desire to Acquire Water-Works.--(3515 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3516s

Section 3516.  Appointment of Engineers as Appraisers to Make Valuation.--(3516 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3517s

Section 3517.  Powers of Appraisers.--(3517 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3518s

Section 3518.  Appeal from Appraisement.--(3518 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3519s

Section 3519.  Effect of Failure of Owner of Works to Accept Price Fixed.--(3519 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3520s

Section 3520.  Issue of Bonds.--(3520 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3521s

Section 3521.  Limit of Bond Issue.--(3521 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3530h

 

(4)  Acquisition of Competing Water Companies by Cities

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3530s

Section 3530.  Power to Acquire Companies Operating in Same Territory.--(3530 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3531s

Section 3531.  Service Outside Limits Subject to Control of Public Utility Commission.--(3531 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3532s

Section 3532.  Different Rates Within and Without City.--(3532 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3540h

 

(5)  Power to Furnish Water to Consumers outside City

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3540s

Section 3540.  (3540 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3540.1s

Section 3540.1.  Power to Furnish Utilities to Consumers Outside City.--A city that provides utility service in accordance with section 3501.1 may provide utility service in surrounding municipalities, or portions thereof, which are not provided with such services by those surrounding municipalities, local or regional public authorities or private companies, subject to and in accordance with applicable law and the rules and regulations of the Pennsylvania Public Utility Commission with regard to the character of service, extensions and rates.

(3540.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3550h

 

(6)  Power to Lease Water-Works

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3550s

Section 3550.  Lease of Water-Works.--(3550 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3551s

Section 3551.  Terms of Lease; Rental.--(3551 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3552s

Section 3552.  Operation of Property.--(3552 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3553s

Section 3553.  Rates.--(3553 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3560h

 

(7)  Condemnation of Lands for Road Purposes and to

Prevent Contamination

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3560s

Section 3560.  Overflowing Roads; Acquisition of Lands to Reconstruct Roads.--(3560 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3561s

Section 3561.  Filing Maps and Plans.--(3561 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3562s

Section 3562.  Condemnation of Lands to Prevent Contamination.--(3562 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3563s

Section 3563.  Security for Payment of Damages.--(3563 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3564s

Section 3564.  Condemnation Proceedings.--(3564 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3570h

 

(8)  Miscellaneous Provisions

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3570s

Section 3570.  Power of City to Patrol Through Private Lands.--(3570 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3571s

Section 3571.  Leasing of Part of Water-Works for Yacht Harbor.--(3571 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3572s

Section 3572.  Accumulation of Funds; Repair and Replacement of Water Supply Systems.--(3572 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3575h

 

(b)  Power and Light

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3575s

Section 3575.  Power to Furnish Light.--(3575 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3576s

Section 3576.  Street Lighting; Ornamental Lighting Systems.--(3576 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3580h

 

(c)  Water and Lighting Commission

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3580s

Section 3580.  Creation of Water and Lighting Department.--(3580 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3581s

Section 3581.  Election of Members of Commission.--(3581 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3582s

Section 3582.  Compensation of Commissioners; Oath; Removal; Filling of Vacancies.--(3582 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3583s

Section 3583.  Duties of Board.--(3583 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3584s

Section 3584.  Estimates of New Work to be Furnished Council.--(3584 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3585s

Section 3585.  Payment of Cost of Extensions.--Whenever an extension of pipes, wires or conduits is made to permit a city to supply water or light, electric, gas or other similar utility service to portions of the city not previously supplied with such service, an assessment of the costs thereof may be made in accordance with Article XLV-A.

(3585 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3586s

Section 3586.  Collection of Frontage Tax; Assessment of Cost.--(3586 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3587s

Section 3587.  Fixing Rates.--Council shall fix, or may delegate to a city department the power to fix, with the approval of council, rates for the use of water or light, electric, gas or other similar utility service, and, in the case of consumers outside the city, the fixing of rates shall be subject to and in accordance with applicable law and the rules and regulations of the Pennsylvania Public Utility Commission.

(3587 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3588s

Section 3588.  Collection of Utility Charges.--(a)  Council shall provide, by ordinance, for the collection of charges for the use of water or light, electric, gas or other similar utility service that may accrue, from time to time, to the city, fixing the time when the charges shall be payable, and the penalties for nonpayment thereof. The charges shall be assessed to the respective owners of the real estate on which the utility service is used, and, if the same shall not be paid in accordance with the provisions of the ordinance, claims for the amounts due may be filed as a lien and collected in accordance with the Municipal Claim and Tax Lien Law.

(b)  In the case of a city which has agreed to provide water service through a separate meter and separate service line to a residential dwelling unit in which the owner does not reside, the owner shall be liable to pay the tenant's bill for service rendered to the tenant by the city only if the city notifies the owner and the tenant within thirty days after the bill first becomes overdue. Such notification shall be provided by first class mail to the address of the owner provided to the city by the owner and to the billing address of the tenant, respectively. Nothing herein shall be construed to require a city to terminate service to a tenant, provided that the owner shall not be liable for any service which the city provides to the tenant ninety or more days after the tenant's bill first becomes due unless the city has been prevented by court order from terminating service to that tenant.

(3588 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3589s

Section 3589.  Report to Council; Accounts of City Treasurer; Disposition of Surplus.--(3589 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3590s

Section 3590.  Disposition of Revenues.--The revenues derived from the city's furnishing of water, light, electric, gas or other similar utility service shall be applied as follows:

(1)  to the purposes of the respective departments under the direction of which the utility service is provided;

(2)  for the reduction of debt related to the provision of that service; and

(3)  to any other city department that provides labor or materials for the maintenance and repair of property or facilities relating to the city's provision of a utility service.

(3590 added Mar. 19, 2014, P.L.52, No.22)

19310317u3601h

 

ARTICLE XXXVI

PUBLIC BUILDINGS AND WORKS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u3601s

Section 3601.  Public Buildings Generally.--(a)  With regard to public buildings, each city may, by ordinance, do any of the following:

(1)  Erect, purchase, establish or maintain all public buildings.

(2)  Purchase, take, use, occupy or acquire, by any lawful means, including eminent domain, private lands, buildings and property in order to erect, establish or maintain public buildings.

(b)  For purposes of this article, public buildings shall include not only those buildings or structures which council deems necessary for the use of the city, but also other buildings and structures which are to be used for a public purpose, including public auditoriums, public libraries, public memorial buildings and monuments.

(3601 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3602s

Section 3602.  Public Auditoriums, Libraries, Memorials and Monuments.--(3602 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3603s

Section 3603.  Payment of Cost of Erection and Maintenance.--Cities may appropriate money and incur debt in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purchase or acquisition through eminent domain of private lands, buildings and property in order to erect or establish public buildings. Cities may also appropriate moneys for the operation and maintenance of public buildings.

(3603 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3604s

Section 3604.  Proceedings for Assessment of Damages.--(3604 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3605s

Section 3605.  Donation of Land by City for Library Purposes; Contributions toward Maintenance.--In addition to the power to make appropriations, donations and gifts for library purposes in accordance with 24 Pa.C.S. Ch. 93 (relating to public library code), a city may acquire and donate land for library purposes to a local library as defined in 23 Pa.C.S. § 9302 (relating to definitions).

(3605 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3606s

Section 3606.  Rental of Public Auditoriums; Disposition of Proceeds.--Cities, in the case of public auditoriums, may, by order of council, charge a rental for the use of the public auditorium. All moneys derived from rental of the public auditoriums shall be paid into the general fund of the city.

(3606 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3607s

Section 3607.  Long-Term Improvement Leases.--(a)  A city may lease city real estate on long-term improvement leases, at a nominal rental or otherwise, to a nonprofit corporation, for the purpose of providing an auditorium for dramatic, musical, artistic, literary, scientific or patriotic societies or events, or for such other purposes as may be approved, from time to time, by council.

(b)  A long-term improvement lease shall be for a term of not more than ninety-nine years, and may provide for a right of renewal for a like term, and shall contain provision for the improvement of the real estate by the lessee by the erection of a suitable building or buildings of dignified and appropriate architecture, absolute ownership of which building or buildings shall revert to the city, free of any claim or charge, at the end of the term of the lease or any renewal thereof.

(c)  The building or buildings erected pursuant to a long-term improvement lease may be used for any one or more of the following purposes, which are hereby declared, in respect of this subject matter, to be used for public purposes: As an auditorium for dramatic, musical, artistic, literary or scientific events, including provision for the accommodation of patriotic societies or groups, or such other accommodations and features as may be approved, from time to time, by the city.

(d)  The title to property subject to a long-term improvement lease shall remain in the city, and, for purposes of local taxation, the property which is subject to a long-term improvement lease and the leasehold estate created thereby shall be deemed to be devoted to a public purpose and public use.

(e)  The lessees under a long-term improvement lease shall be exclusively liable for the maintenance and upkeep of the demised premises and shall be solely responsible for the maintenance and operation thereof.

(f)  Any long-term improvement lease may provide that the lessor shall be entitled to receive a sum equal to the net income of the demised premises after reasonable reserves and proper amortization charges.

(3607 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3608s

Section 3608.  Term of Lease; Renewals; Improvements to be Erected.--(3608 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3609s

Section 3609.  Use of Buildings.--(3609 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3610s

Section 3610.  Title in City; Exemption from Taxation; Maintenance.--(3610 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3611s

Section 3611.  Rental.--(3611 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3612s

Section 3612.  Location of City Jails Restricted.--(3612 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3701h

 

ARTICLE XXXVII

PARKS, PLAYGROUNDS, AND RECREATION CENTERS

(Hdg. reenacted Mar. 19, 2014, P.L.52, No.22)

 

19310317u3701s

Section 3701.  Plans of Parks and Playgrounds.--(3701 repealed July 31, 1968, P.L.805, No.247)

19310317u3702s

Section 3702.  Lands for Planned Parks to be Appropriated within Three Years.--(3702 repealed July 31, 1968, P.L.805, No.247)

19310317u3703s

Section 3703.  Acquisition of Lands and Buildings.--Cities may enter upon, take, use, purchase and acquire, by gift or by the right of eminent domain, lands, property and buildings for the purpose of making, extending, enlarging and maintaining recreation places which shall consist of public parks, parkways, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers, levy and collect such special taxes as may be necessary to pay for the same, and make appropriations for the improvement, maintenance, care, regulation and government of the same. Cities may designate and set apart for use for any of the purposes specified in this section lands and buildings owned by such cities and not dedicated or devoted to other public use. Cities may also lease lands and buildings in such cities for temporary use for these purposes. Lands, property and buildings outside the limits of the city may be purchased or acquired for the recreation places with the consent of the governing body of the municipal corporation in which the lands, property or buildings are situated.

(3703 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3703.1s

Section 3703.1.  Powers of Council; Delegation.--(a)  Council shall have the power to equip, operate, supervise and maintain recreation places and to employ recreation directors or any other officers or employes deemed necessary in order to carry out the provisions of this article.

(b)  In any case in which more than one-half the full costs of the supervision and maintenance of the recreation places, including the compensation of all the officers and employes hired to carryout the provisions of this article, are borne by the city, council shall have the authority to fix the compensation of these officers and employes.

(c)  Council may delegate all or part of its power under subsection (a) to an existing body or board or to a recreation board, as council shall determine.

(3703.1 added Mar. 19, 2014, P.L.52, No.22)

19310317u3704s

Section 3704.  Creation of Recreation Board.--(3704 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3705s

Section 3705.  Creation and Composition of Recreation Board.--Council may establish in the city a recreation board, which shall possess the powers and the responsibilities delegated to it by council in accordance with section 3703.1(c). The recreation board, when established, shall consist of five or seven persons. The city members of the board shall be appointed by the mayor with the approval of council and shall serve for terms no longer than five years, and the terms of the members shall be staggered in such a manner that at least one expires annually. Members of the recreation board shall serve without pay. Vacancies in the board, occurring otherwise than by expiration of term, shall be for the unexpired term and shall be filled in the same manner as original appointments.

(3705 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3706s

Section 3706.  Organization of Board.--The members of a recreation board, established pursuant to this article, shall elect their own chair and secretary and select all other necessary officers, to serve for a period of one year. The board shall have power to adopt rules and regulations for the conduct of all business within its jurisdiction. Meetings of the board shall be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(3706 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3707s

Section 3707.  Joint Ownership and Maintenance.--A city may, jointly with any one or more other municipalities, acquire property for, and operate and maintain, any recreation place. Any city may join with any school district in equipping, operating and maintaining recreation places and may appropriate money therefor.

(3707 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3708s

Section 3708.  Borrowing.--The city council may borrow money and incur debt in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purpose of acquiring lands or buildings for recreation places and for the equipment therefor.

(3708 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3709s

Section 3709.  Maintenance and Tax Levy.--Expenses incurred in the maintenance and operation of recreation places, established as herein provided, including the operation of recreation programs therein, may be paid from the treasury of the city. Council may annually appropriate, and cause to be raised by taxation in accordance with section 2531(a)(4), a tax for this purpose. The funds may be appropriated, for the purposes of this section, to any existing body or board, or to a recreation board or commission.

(3709 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3709.1s

Section 3709.1.  City Trusts.--(a)  In addition to all other powers conferred by law, a city may receive in trust, and city council may control for the purposes of the trust, all estate, moneys, assets and property, real and personal, which may have been or shall be bestowed upon it by donation, gift, legacy, endowment, bequest, devise, conveyance or other means, for the purpose of establishing or maintaining a public park or other public purpose for the use and benefit of the citizens of the city.

(b)  In the event that a city trust has been or is created as a result of any property or estate, whatsoever, having been conveyed, bequeathed or devised or otherwise given or donated to any city, in trust, for the purpose of establishing or maintaining a public park or other public purpose for the use and benefit of citizens of the city, control of the trust shall be transferred to city council, and, if necessary to carry out the intention of this section, the court of common pleas in the county in which a city is located may, upon petition of council, transfer control of the trust to city council. City council may delegate the supervision and operation of recreation places subject to the trust to a recreation board in accordance with section 3703.1. Nothing in this section shall limit any power of the court to terminate or reform a trust under existing law.

(3709.1 added Mar. 19, 2014, P.L.52, No.22)

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Section 3710.  Leasing by City of its Parks or Playgrounds.--(3710 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3711s

Section 3711.  Sale of Coal Under Parks or Commons.--(3711 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3712s

Section 3712.  Use of Proceeds of Sale or Lease of Coal Under Parks.--(3712 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 3713.  Application of Coal Rentals to Payment of Costs of Improvements; Issue of Bonds.--(3713 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 3714.  Appointment of Directors of City Trusts.--(3714 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3715s

Section 3715.  Term of Service; Removal; Vacancies.--(3715 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3716s

Section 3716.  Duties of Directors.--(3716 repealed Mar. 19, 2014, P.L.52, No.22)

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Section 3717.  Directors to be Agents of City; to Have no Interest in Contracts.--(3717 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3718s

Section 3718.  Park Rangers.--(a)  The council of every city shall have power, under the provisions of this article, to provide, by ordinance, for the selection and employment of such number of persons as are deemed necessary to act as park rangers, fix their compensation and duties and provide for their uniforms.

(b)  To the extent authorized by 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), persons appointed as park rangers, under any ordinance passed pursuant to the provisions of subsection (a), shall have, in the parks and playgrounds and other public places in the cities, and beyond the limits of the cities when the cities have acquired lands, properties and buildings for park and playground or other public purposes, the same power, in preserving the peace, maintaining order and making arrests, as police officers have in the cities.

(c)  For purposes of the act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law (Heart and Lung Act), the term "park ranger," as used herein, shall mean a park guard.

(d)  Park rangers shall be under the supervision, control and direction of the director of the Department of Parks and Public Property, or, if none exists, any other department as council directs.

(3718 amended Mar. 19, 2014, P.L.52, No.22)

19310317u3719s

Section 3719.  Powers of Park Guards.--(3719 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3720s

Section 3720.  Control of Park Guards.--(3720 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3721s

Section 3721.  Sale of Unused and Unnecessary Land and Buildings.--(3721 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3801h

 

ARTICLE XXXVIII

SHADE TREES AND FORESTS

(Art. repealed Mar. 19, 2014, P.L.52, No.22)

 

(a)  Shade Trees

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3801s

Section 3801.  Shade Tree Commission.--(3801 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3802s

Section 3802.  Composition of Commission.--(3802 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3803s

Section 3803.  Powers May Be Vested in Park Commission.--(3803 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3804s

Section 3804.  Powers of Commission.--(3804 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3805s

Section 3805.  Report of Commission.--(3805 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3806s

Section 3806.  Notices by Commission.--(3806 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3807s

Section 3807.  Payment by Owners.--(3807 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3808s

Section 3808.  Assessments; Liens.--(3808 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3809s

Section 3809.  Maintenance by City; Tax Levy.--(3809 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3810s

Section 3810.  Penalties.--(3810 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3820h

 

(b)  Memorial Trees

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3820s

Section 3820.  Memorial Trees.--(3820 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3821s

Section 3821.  Penalty for Injury to Memorial Trees.--(3821 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3830h

 

(c)  Forests

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

 

19310317u3830s

Section 3830.  Acquisition of Land for Forest Purposes.--(3830 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3831s

Section 3831.  Approval of Department of Forests and Waters.--(3831 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3832s

Section 3832.  Ordinance Declaring Intention.--(3832 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3833s

Section 3833.  Appropriations of Money.--(3833 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3834s

Section 3834.  Rules and Regulations.--(3834 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3835s

Section 3835.  Appropriations and Revenues.--(3835 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3836s

Section 3836.  Use of Forests.--(3836 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3837s

Section 3837.  Ordinance of Sale; Exceptions.--(3837 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3838s

Section 3838.  Appropriation for Forest Work.--(3838 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3901h

 

ARTICLE XXXIX

WHARVES AND DOCKS

(Art. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u3901s

Section 3901.  Power to Erect and Maintain Wharves; Regulation; Charges.--(3901 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3902s

Section 3902.  Erection of Market-Houses and Railway Tracks on Wharves; Charges; Licenses.--(3902 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3903s

Section 3903.  Use of Unnecessary Wharves or Landings for Other Municipal Purposes.--(3903 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3904s

Section 3904.  Appropriation of Wharves and Landings for General Purposes.--(3904 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u3905s

Section 3905.  Assessment of Damages.--(3905 repealed Mar. 19, 2014, P.L.52, No.22)

19310317u4001h

 

ARTICLE XL

CITY PLANNING

(Art. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u4001s

Section 4001.  City Planning Commission; Appointment of Commissioners; Vacancies; Powers.--(4001 repealed July 31, 1968, P.L.805, No.247)

19310317u4002s

Section 4002.  Action on Bills Relating to Public Buildings, Streets, Parks, Bridges, Et Cetera.--(4002 repealed July 31, 1968, P.L.805, No.247)

19310317u4003s

Section 4003.  Maps of City and Environs; Recommendations to Council.--(4003 repealed July 31, 1968, P.L.805, No.247)

19310317u4004s

Section 4004.  Recommendations to Public Authorities, Corporations and Individuals.--(4004 repealed July 31, 1968, P.L.805, No.247)

19310317u4005s

Section 4005.  Approval of Plans of Building Lots; Conflict of Jurisdiction.--(4005 repealed July 31, 1968, P.L.805, No.247)

19310317u4006s

Section 4006.  Jurisdiction may be Transferred to Other Municipal Bureau or Commission.--(4006 repealed July 31, 1968, P.L.805, No.247)

19310317u4101h

 

ARTICLE XLI

ZONING, BUILDING, HOUSING, FIRE PREVENTION, PLUMBING

AND ELECTRICAL ORDINANCES, AND PUBLIC NUISANCES

(Art. repealed Mar. 19, 2014, P.L.52, No.22)

 

(a)  The Zoning Ordinances

(Hdg. repealed Mar. 19, 2014, P.L.52, No.22)

 

19310317u4101s

Section 4101.  Zoning.--(4101 repealed July 31, 1968, P.L.805, No.247)

19310317u4102s

Section 4102.  Zones.--(4102 repealed July 31, 1968, P.L.805, No.247)

19310317u4103s

Section 4103.  Classifications and Reg