PRINTER'S NO. 1123

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 996 Session of 1991


        INTRODUCED BY CAPPABIANCA, SALOOM, STABACK, VEON, KRUSZEWSKI,
           PESCI, D. R. WRIGHT, CAWLEY, SCRIMENTI, JOHNSON, BILLOW,
           LAUGHLIN, MELIO, OLASZ, BOYES, TANGRETTI, RICHARDSON, COHEN,
           TRELLO AND BUSH, APRIL 3, 1991

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 3, 1991

                                     AN ACT

     1  Amending the act of June 23, 1931 (P.L.932, No.317), entitled
     2     "An act relating to cities of the third class; and amending,
     3     revising, and consolidating the law relating thereto,"
     4     further providing for collection of sewer, lighting and water
     5     charges.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 3213 and 3588 of the act of June 23,
     9  1931 (P.L.932, No.317), known as The Third Class City Code,
    10  reenacted and amended June 28, 1951 (P.L.662, No.164), are
    11  amended to read:
    12     Section 3213.  [Warrants for] Collection of Sewer Rentals.--
    13  (a)  Council shall provide for the collection of such annual
    14  rentals, rates or charges.
    15     (b)  In the case of a city which has agreed to provide sewer
    16  service to a residential dwelling unit in which the owner does
    17  not reside, the city shall notify the owner and the tenant
    18  within thirty days after the tenant's bill for that service


     1  first becomes overdue. Such notification shall be provided by
     2  first class mail to the address of the owner provided to the
     3  city by the owner and to the billing address of the tenant,
     4  respectively. Nothing herein shall be construed to relieve the
     5  owner of liability for such service unless the city fails to
     6  provide the notice required herein.
     7     Section 3588.  Collection of Lighting and Water [Rates]
     8  Charges.--(a)  Council shall provide, by ordinance, for the
     9  collection of all the lighting and water [rates] charges that
    10  may accrue, from time to time, to the city for the use of the
    11  water or light, fixing the time when such [rates] charges shall
    12  be payable, and the penalties for nonpayment thereof; and such
    13  [rates] charges shall be [charged] assessed to the respective
    14  owners of the real estate on which such water or light is used,
    15  and if the same shall not be paid in accordance with the
    16  provisions of such ordinance, claims for the amounts due shall
    17  be registered in the city lien docket in the same manner as
    18  provided by law in the case of unpaid city taxes on real estate,
    19  with the like force and effect as to the lien thereof.
    20     (b)  In the case of a city which has agreed to provide water
    21  service through a separate meter and separate service line to a
    22  residential dwelling unit in which the owner does not reside,
    23  the owner shall be liable to pay the tenant's bill for service
    24  rendered to the tenant by the city only if the city notifies the
    25  owner and the tenant within thirty days after the bill first
    26  becomes overdue. Such notification shall be provided by first
    27  class mail to the address of the owner provided to the city by
    28  the owner and to the billing address of the tenant,
    29  respectively. Nothing herein shall be construed to require a
    30  city to terminate service to a tenant, provided that the owner
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     1  shall not be liable for any service which the city provides to
     2  the tenant ninety or more days after the tenant's bill first
     3  becomes due unless the city has been prevented by court order
     4  from terminating service to that tenant.
     5     Section 2.  This act shall take effect in 60 days.

















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