FIRST CLASS CITIES, ABATEMENT OF NUISANCES
                 Act of Jul. 11, 1923, P.L. 1032, No. 416             Cl. 11
                                  AN ACT

     Providing for the abatement of nuisances caused by the improper
        grading or defective paving or encroaching fences in alleys,
        in cities of the first class; for the establishment of lines
        and grades for, and the grading, paving, or repaving of, said
        alleys, and the grading of private alleys hereafter laid out;
        and for apportioning the cost, and for the filing of liens
        therefor.

        Section 1.  Be it enacted, &c., That in cities of the first
     class when the board of health shall declare any private alley
     or driveway and/or retaining wall appurtenant thereto, to be a
     nuisance by reason of improper grading or defective paving of
     said alley or driveway, and/or retaining wall appurtenant
     thereto, and shall so certify to the Department of Public Works,
     the said Department of Public Works is hereby empowered to abate
     said nuisance upon the neglect or refusal of the registered
     owners of the property abutting on, or having the use, or
     actually using, such alley or driveway and/or retaining wall
     appurtenant thereto to abate said nuisance within sixty days
     after service of notice, by the said Department of Public Works,
     upon the said registered owners so to do, as hereinafter
     provided.
        (1 amended Sept. 26, 1951 (1952), P.L.1506, No.373)
        Section 2.  The said Department of Public Works shall grade,
     pave, or repave the said alleys or driveways, and construct or
     repair any retaining walls appurtenant thereto, in accordance
     with lines and grades established by the surveyor and regulator
     of the district in which said alleys or driveways and/or
     retaining walls appurtenant thereto are situate, and the said
     surveyor and regulator is hereby empowered to establish such
     lines and grades.
        (2 amended May 17, 1939, P.L.151, No.79)
        Section 3.  Any fence encroaching upon a public or private
     alley or driveway, and/or retaining wall appurtenant thereto, is
     hereby declared a nuisance and made unlawful; and the said
     Department of Public Works is empowered to remove such fence
     from within the established lines of said alleys or driveways,
     and/or retaining walls appurtenant thereto, after ten days'
     notice as set forth in this act. It shall be the duty of the
     registered owner of the premises on which such fence is erected,
     or to which it appertains, to remove such encroachment upon
     being notified. His failure so to do shall constitute a
     violation of this act.
        (3 amended May 17, 1939, P.L.151, No.79)
        Section 4.  No alley or driveway having an outlet to any
     public street, public highway, public alley, or to a private
     alley or driveway which has an outlet to any public street,
     highway, or alley, shall hereafter be laid out or opened unless
     it shall be in accordance with lines and grades established by
     the surveyor and regulator for the district in which said alley
     or driveway will be situate.
        (4 amended May 17, 1939, P.L.151, No.79)
        Section 5.  The said Department of Public Works is hereby
     empowered to charge the cost and expense of the grading, paving,
     or repaving of said alleys or driveways, and the construction or
     repair of any retaining walls appurtenant thereto, or part or
     parts of said alleys or driveways, and/or retaining walls
     appurtenant thereto, upon the said owners in proportion to the
     width of their properties abutting thereon, or having the use
     thereof by deed or otherwise, or actually using the alley or
     driveway, and/or retaining wall appurtenant thereto, or in any
     other proportions as may, under the facts and circumstances of
     the case, be deemed just and proper by the said Department of
     Public Works and also to charge the cost of the removal of any
     encroaching fence to the owner of the said fence. Upon the
     failure to pay any of the said charges, the department shall
     cause liens to be filed therefor, in the name of the city, in
     the manner and according to the practice prescribed by law with
     respect to municipal claims.
        (5 amended May 17, 1939, P.L.151, No.79)
        Section 6.  Notices requiring compliance with this act shall
     be served upon the registered owner, or his agent, or by posting
     a copy upon the premises, which notice shall not be removed or
     defaced while the condition exists. All notices shall be
     complied with within ten days, and upon failure to comply, said
     department may contract to have the necessary work done, and the
     cost thereof shall be made a lien against the property and
     collectible as now provided by law: Provided, however, That if
     there shall be no funds at the disposal of the said department
     for the aforesaid purpose, then the said department may contract
     to have such work done, and the lien therefor shall be marked to
     the use of the contractor doing the work and shall be
     collectible by the said contractor as is now provided by law in
     similar cases. Said contractor shall have the right to use all
     the legal processes that cities of the first class now have for
     the collections of liens, but in no case shall they have
     recourse to the city.
        Section 7.  Any person who shall violate any of the
     provisions of this act, or who shall interfere with any of the
     employes of the Department of Public Works while enforcing the
     provisions of this act, shall, for every such offense, upon
     conviction thereof in a summary proceeding before any magistrate
     of the said city and county in which the offense was committed,
     be subject to a fine of not less than $5.00 or more than $50.00,
     or by imprisonment for thirty days, either or both, at the
     discretion of the court. All fines to be paid into the treasury
     of the city.