PRINTER'S NO. 3293
No. 2510 Session of 1980
INTRODUCED BY NAHILL, W. D. HUTCHINSON AND RITTER, MAY 2, 1980
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 2, 1980
AN ACT
1 Reenacting the act of July 22, 1969 (P.L.176, No.73), entitled
2 "An act to validate certain proceedings for municipal
3 improvements, municipal assessments, municipal claims, and
4 municipal liens in the several cities of the third class,
5 boroughs and townships of this Commonwealth; and validating
6 such improvements, assessments, claims and liens; providing
7 for the filing of claims and liens therefor and the
8 proceedings for the collection of such assessments, claims
9 and liens."
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of July 22, 1969 (P.L.176, No.73),
13 entitled "An act to validate certain proceedings for municipal
14 improvements, municipal assessments, municipal claims, and
15 municipal liens in the several cities of the third class,
16 boroughs and townships of this Commonwealth; and validating such
17 improvements, assessments, claims and liens; providing for the
18 filing of claims and liens therefor and the proceedings for the
19 collection of such assessments, claims and liens," amended July
20 25, 1973 (P.L.213, No.52), is reenacted to read:
21 Section 1. Whenever, heretofore, the council of any city of
1 the third class or of any borough, or the board of commissioners
2 of any township of the first class or the board of supervisors
3 of any township of the second class of this Commonwealth has
4 authorized by ordinance the grading, curbing, guttering, paving
5 or macadamizing with concrete, brick, stone or other suitable
6 material of any public street or thoroughfare, or portion
7 thereof, either cartway, footwalk or gutter; and has caused such
8 improvement to be made; and in such ordinance has authorized the
9 advertising for bids therefor; and the assessment of benefits on
10 the front foot rule or otherwise upon the property benefited
11 thereby; and subsequent thereto pursuant to an ordinance passed,
12 after the passage and approval of the original ordinance
13 providing for the improvement, has authorized the entering into
14 a contract for the said improvement with the Secretary of
15 Transportation of the Commonwealth of Pennsylvania and with the
16 general contractor, who was the successful bidder with the
17 Commonwealth for the construction of any portion of such streets
18 or highways, without any advertising for bids on the part of the
19 city, borough or township as provided for in the original
20 ordinance authorizing such improvement; and has subsequent
21 thereto brought proceedings for the appointment of viewers to
22 assess benefits for the said improvements against the property
23 abutting along the line of improvement in accordance with the
24 provisions of the original ordinance authorizing the said
25 improvement; or has by ordinance provided for the assessment
26 against abutting property owners of benefits on the front foot
27 rule or otherwise for such improvement; or whenever, heretofore,
28 the council of any city of the third class or of any borough, or
29 the board of commissioners of any township of the first class,
30 or the board of supervisors of any township of the second class,
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1 of this Commonwealth has required by ordinance and caused to be
2 made graded, paved, curbed or macadamized with brick, stone or
3 other suitable material, or otherwise improved any property or
4 public street or thoroughfare, or part thereof, either cartway,
5 footwalk or gutter; or has covered or enclosed any watercourse
6 or waterway in any street or thoroughfare so as to improve or
7 extend and increase the driveway in any street or thoroughfare;
8 or has vacated, confined, paved or altered the channel of any
9 watercourse or waterway; or has caused any sewers whatsoever to
10 be constructed within or without any such city, borough or
11 township; or has caused ornamental lights to be erected pursuant
12 to any ordinance; or has heretofore in accordance with existing
13 law assessed a portion of the cost of such sewer as a sewage tax
14 against property abutting along the line of said improvement on
15 the side of said street, alley or highway which is located
16 outside the limits of the said city, borough or township, the
17 owners of such property being given permission by the said city,
18 borough or township to use such sewer, and such property not
19 being then provided with sewer facilities; and has by ordinance
20 provided for the assessment against abutting property owners of
21 benefits on the front foot rule or otherwise for such
22 improvement, but owing to some defect in the petition, action of
23 council or of the board of commissioners, or board of
24 supervisors, notice of publication, failure to make said
25 improvement in accordance with the strict terms of any
26 ordinance, or any other proceeding or action necessary under
27 existing laws and ordinances to give jurisdiction to such
28 council, board of commissioners or board of supervisors; or
29 because of noncompliance with existing laws as to publication of
30 copies of ordinance and posting of handbills prior to or after
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1 the final passage of such ordinance; or because of noncompliance
2 with existing laws as to the purchasing of materials and
3 supplies; or the awarding of contracts without advertising; or
4 because the ordinance itself or the official record book
5 containing the same has been lost, mislaid or destroyed; or such
6 ordinance has not been transcribed in the official record book;
7 or because of irregularity or error in the appointment of
8 viewers to assess benefits against property abutting along the
9 line of improvement; or because of the neglect of viewers,
10 appointed to assess damages and benefits caused or accruing as a
11 result thereof, to file their report within the time required by
12 law for the filing thereof; or because of irregularity or error
13 in the method or procedure taken for the ascertainment of the
14 amount of benefits to such property; or because of any
15 irregularity or error in the ordinances or passage or approval
16 thereof authorizing the execution of the work, the contracting
17 therefor, and the assessing of benefits therefor, or where the
18 right of the board of viewers to assume jurisdiction and to act
19 in assessing the properties benefited thereby is questioned; or
20 because of any irregularity or error in the failure to bring the
21 proceedings for the assessment of benefits on the front foot
22 rule or otherwise for such improvement before the board of
23 viewers within the time provided by law; or the failure to
24 assess the benefits therefor in the manner now provided by law;
25 or because of any irregularity or error in arriving at or
26 determining the benefits assessed against any such property; or
27 because of the failure to give notice as required by law or
28 ordinance; or the time for filing a lien or making claim for
29 such improvement has expired; or the claim has not been filed
30 after notice to do so; or for any other reason the costs of such
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1 improvement, or portion thereof, were not or cannot be legally
2 assessed upon the property bounding or abutting on the line of
3 the improvement or on the street or part thereof improved; or
4 owing to some defect in the statement of claim filed to secure
5 the lien, or the failure of the city, borough or township
6 solicitor to file the lien in the court of common pleas, or to
7 sign the name, or to have stamped thereon a facsimile signature
8 of the said solicitor or chief executive of the claimant for the
9 costs of such improvement, or any error made in the name of the
10 owner or owners of the abutting property along the line of the
11 improvement payment thereof cannot be enforced; or if the
12 ordinance of the city, borough or township, authorizing the
13 construction of any improvement, was in fact adopted before such
14 city, borough or township was legally empowered to make such
15 assessments on property within or outside the limits of such
16 city, borough, or township, if such improvement was actually
17 constructed, and such assessments against property within or
18 without the limits of such city, borough or township made
19 subsequent to the time when such city, borough or township was
20 legally empowered to levy such assessments as was contemplated
21 by the act or acts of General Assembly under which the
22 improvement was attempted to be made; and statement of claim
23 filed, now by this act such improvement is made valid and
24 binding and also any statement of claim, heretofore filed, if
25 any, to secure the liens therefor is also made valid and
26 binding, and the jurisdiction of any board of viewers
27 hereinbefore mentioned to entertain such proceedings and the
28 assessments made pursuant to such proceedings against property
29 within or without the limits of any such city, borough or
30 township shall be valid and binding, and the council of such
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1 city or borough and the commissioners or supervisors of such
2 township may cause the property, bounding or abutting along the
3 line of the improvement or on the street, or part thereof, upon
4 which the improvement has been made or is now being made, to be
5 assessed in the manner now provided by law or by the board of
6 viewers' proceedings in the manner and at the rates now provided
7 by law with such a portion of the costs of such improvement as
8 is contemplated by the law under which the improvement was made,
9 or attempted to be made, or is now being made; and all such
10 benefits and all assessments heretofore made or determined are
11 hereby ratified, confirmed, and validated; and any statement of
12 claims heretofore filed, if any, to secure the liens therefor
13 are also hereby ratified, confirmed, and validated. Such
14 assessment or other assessment heretofore made or hereafter made
15 in proceedings now pending within the time limitations specified
16 in this act shall be a lien upon the property assessed, and any
17 lien heretofore filed for benefits assessed or for the cost of
18 such improvement, or any part thereof, although the report of
19 the viewers assessing the same was not filed within the time
20 required by law for the filing thereof, is hereby made valid and
21 binding with the same force and effect as though such report was
22 filed within the time required by law for filing the same. The
23 lien shall date from the completion of the improvement for which
24 the assessment is made whether the work was completed through
25 one or several operations or contracts, or from the date of
26 filing the same, and shall remain a lien until fully paid and
27 satisfied: Provided, That the lien be revived during every
28 period of five years after the lien is filed, either by the
29 issuance of a writ of revival, or the filing of a suggestion of
30 nonpayment and an averment of default: And provided further,
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1 That this act shall not validate any lien against any property
2 which has been conveyed to a bona fide purchaser thereof
3 subsequent to the expiration of the period prescribed by law for
4 the filing of such liens and prior to the date of the filing
5 thereof, or give the lien thus filed priority over any bona fide
6 lien or liens filed, entered or recorded or which shall have
7 otherwise attached subsequently to the time prescribed by law
8 for the filing of such municipal lien and prior to the time of
9 the filing thereof.
10 Section 2. The council of any city of the third class, or of
11 any borough, or the board of commissioners of any township of
12 the first class or the board of supervisors of any township of
13 the second class of this Commonwealth, entitled to a lien under
14 this act, shall file a lien therefor, if not heretofore filed,
15 in the office of the prothonotary of the county within which the
16 property lies within six months after the completion of work
17 where the improvement is now in progress, or within twelve
18 months after the confirmation absolute of the report of the
19 viewers assessing the benefits for such improvement whether now
20 or hereafter pending, or within twelve months after the approval
21 of this act where the improvement is now completed if no lien
22 has been heretofore filed for the same, or within twelve months
23 after the passage of any councilmanic ordinance assessing
24 benefits under the provisions of this act where the improvement
25 is already completed, and the same shall be entered upon record
26 as other municipal claims. Such liens shall state the name of
27 the party claimant, which shall be the corporate name of the
28 city, borough or township making the improvement; name of the
29 owner or reputed owner of the property assessed; a reasonable
30 description of the property assessed; the amount or sum claimed
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1 to be due which shall include interest on the assessment from
2 the completion of the improvement for what improvement the claim
3 is made; the date of its completion; the date of the assessment
4 for which the lien is filed. Such lien, when so filed, shall be
5 prima facie evidence of all matters therein set forth and of the
6 right of the city, borough or township to recover the amount
7 therein claimed to be due, together with interest from the date
8 of the lien or completion of the improvement, costs, and an
9 attorney's commission of five per cent for collecting.
10 Section 3. The claim, when so filed, shall be proceeded upon
11 for collection by writ of scire facias: Provided, That this act
12 shall not apply to any proceeding, suit or lien wherein a final
13 order or judgment of any court of record has already been made
14 or entered.
15 Section 2. This act shall take effect immediately.
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