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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EICHELBERGER, ERICKSON AND WOZNIAK, JUNE 5, 2009 |
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| REFERRED TO FINANCE, JUNE 5, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, consolidating and amending the Third |
3 | Class County Assessment Board Law, The Fourth to Eighth Class |
4 | and Selective County Assessment Law and provisions of The |
5 | County Code relating to auxiliary board of assessment appeals |
6 | and assessment of signs and sign structures; and making |
7 | related repeals. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 53 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a chapter to read: |
12 | CHAPTER 88 |
13 | CONSOLIDATED COUNTY ASSESSMENT |
14 | Subchapter |
15 | A. Preliminary Provisions |
16 | B. Subjects of Local Taxation; Exceptions; Special |
17 | Provisions on Assessments |
18 | C. County Assessment Office |
19 | D. Assessment Roll, Valuation, Notice and Appeals |
20 | E. Boards and Appeals to Court |
21 | F. Miscellaneous Provisions |
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1 | SUBCHAPTER A |
2 | PRELIMINARY PROVISIONS |
3 | Sec. |
4 | 8801. Short title and scope of chapter. |
5 | 8802. Definitions. |
6 | 8803. Excluded provisions. |
7 | 8804. Construction. |
8 | § 8801. Short title and scope of chapter. |
9 | (a) Short title.--This chapter shall be known and may be |
10 | cited as the Consolidated County Assessment Law. |
11 | (b) Scope.-- |
12 | (1) This chapter shall apply to all of the following: |
13 | (i) Counties of the second class A, third, fourth, |
14 | fifth, sixth, seventh and eighth classes of the |
15 | Commonwealth. |
16 | (ii) Cities that elect to become subject to this |
17 | chapter in accordance with section 8868 (relating to |
18 | optional use by cities). |
19 | (2) In addition to the applicability under paragraph |
20 | (1), the following provisions apply to counties of the first |
21 | and second class: |
22 | (i) Section 8811(b)(5) (relating to subjects of |
23 | local taxation). |
24 | (ii) Section 8842(b)(2) (relating to valuation of |
25 | property). |
26 | § 8802. Definitions. |
27 | The following words and phrases when used in this chapter |
28 | shall have the meanings given to them in this section unless the |
29 | context clearly indicates otherwise: |
30 | "Assessed value." The assessment placed on real property by |
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1 | a county assessment office upon which all real estate taxes |
2 | shall be calculated. |
3 | "Assessment." Assessed value. |
4 | "Auxiliary appeal board." An auxiliary board of assessment |
5 | appeals created in accordance with section 8853 (relating to |
6 | auxiliary appeal boards and alternates). |
7 | "Base year." The year upon which real property market values |
8 | are based for the most recent countywide revision of assessment |
9 | of real property or other prior year upon which the market value |
10 | of all real property of the county is based for assessment |
11 | purposes. Real property market values shall be equalized within |
12 | the county and any changes by the board shall be expressed in |
13 | terms of base-year values. |
14 | "Board." The board of assessment appeals or the board of |
15 | assessment revision established in accordance with section 8851 |
16 | (relating to board of assessment appeals and board of assessment |
17 | revision). The term, when used in conjunction with hearing and |
18 | determining appeals from assessments, shall include an auxiliary |
19 | appeal board. |
20 | "Board of assessment appeals." The assessment appeals board |
21 | in counties of the second class A and third class, and in |
22 | counties of the fourth through eighth classes, where the county |
23 | commissioners do not serve as a board of assessment revision. |
24 | "Board of assessment revision." County commissioners in |
25 | counties of the fourth through eighth classes when serving as an |
26 | assessment appeals board. |
27 | "Chief assessor." The individual appointed by the board of |
28 | county commissioners with the advice of the board of assessment |
29 | appeals in accordance with section 8831 (relating to chief |
30 | assessor). |
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1 | "Common level ratio." The ratio of assessed value to current |
2 | market value used generally in the county and published by the |
3 | State Tax Equalization Board on or before July 1 of the year |
4 | prior to the tax year on appeal before the board under the act |
5 | of June 27, 1947 (P.L.1046, No.447), referred to as the State |
6 | Tax Equalization Board Law. |
7 | "County assessment office." The division of county |
8 | government responsible for preparing and maintaining the |
9 | assessment rolls, the uniform parcel identifier systems, tax |
10 | maps and other administrative duties relating to the assessment |
11 | of real property in accordance with this chapter. |
12 | "County commissioners." The board of county commissioners |
13 | or, in home rule charter counties, the body or individual |
14 | exercising the equivalent authority. |
15 | "Countywide revision of assessment." A change in the |
16 | established predetermined ratio or revaluation of all real |
17 | property within a county. |
18 | "Established predetermined ratio." The ratio of assessed |
19 | value to market value established by the board of county |
20 | commissioners and uniformly applied in determining assessed |
21 | value in any year. |
22 | "Interim assessment." A change to the assessment roll |
23 | anytime during the year. |
24 | "Municipality." A county, city, borough, incorporated town |
25 | or township. |
26 | "Parcel identifier." An identifying number assigned to real |
27 | property in accordance with the act of January 15, 1988 (P.L.1, |
28 | No.1), known as the Uniform Parcel Identifier Law. |
29 | "Taxing district." A county, city, borough, incorporated |
30 | town, township, school district or county institution district. |
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1 | "Spot reassessment." The reassessment of a property or |
2 | properties by a county assessment office that is not conducted |
3 | as part of a countywide revision of assessment and which |
4 | creates, sustains or increases disproportionality among |
5 | properties' assessed values. The term does not include board |
6 | action ruling on an appeal. |
7 | § 8803. Excluded provisions. |
8 | Except as otherwise provided in this chapter, this chapter |
9 | does not repeal or modify: |
10 | (1) The act of June 17, 1913 (P.L.507, No.335), entitled |
11 | "An act to provide revenue for State and county purposes, |
12 | and, in cities coextensive with counties, for city and county |
13 | purposes; imposing taxes upon certain classes of personal |
14 | property; providing for the assessment and collection of the |
15 | same; providing for the duties and compensation of |
16 | prothonotaries and recorders in connection therewith; and |
17 | modifying existing legislation which provided for raising |
18 | revenue for State purposes." |
19 | (2) Any law relating to cities, boroughs, towns, |
20 | townships, school districts and poor districts. |
21 | (3) The act of May 22, 1933 (P.L.853, No.155), known as |
22 | The General County Assessment Law, as it applies to counties |
23 | of the first and second classes. |
24 | § 8804. Construction. |
25 | (a) Dates mandatory.--All dates specified in this chapter |
26 | for the performance of any acts or duties shall be construed to |
27 | be mandatory and not discretionary with the officials or other |
28 | persons who are designated by this chapter to perform such acts |
29 | or duties. |
30 | (b) Pari materia.--This chapter shall be read in pari |
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1 | materia with the act of November 26, 1997 (P.L.508, No.55), |
2 | known as the Institutions of Purely Public Charity Act. |
3 | SUBCHAPTER B |
4 | SUBJECTS OF LOCAL TAXATION; EXCEPTIONS; |
5 | SPECIAL PROVISIONS ON ASSESSMENTS |
6 | Sec. |
7 | 8811. Subjects of local taxation. |
8 | 8812. Exemptions from taxation. |
9 | 8813. Temporary tax exemption for residential construction. |
10 | 8814. Temporary assessment change for real estate subject to a |
11 | sewer connection ban order. |
12 | 8815. Catastrophic loss. |
13 | 8816. Clerical and mathematical errors. |
14 | 8817. Changes in assessed valuation. |
15 | 8818. Assessment of lands divided by boundary lines. |
16 | 8819. Separate assessment of coal and surface. |
17 | 8820. Assessment of real estate subject to ground rent or |
18 | mortgage. |
19 | 8821. Assessment of mobile homes and house trailers. |
20 | 8822. Taxing districts lying in more than one county and choice |
21 | of assessment ratio. |
22 | 8823. Limitation on tax increase after countywide reassessment. |
23 | § 8811. Subjects of local taxation. |
24 | (a) Subjects of taxation enumerated.--Except as provided in |
25 | subsection (b), all subjects and property made taxable by the |
26 | laws of this Commonwealth for county, city, borough, town, |
27 | township and school district purposes shall, as provided in this |
28 | chapter, be valued and assessed at the annual rates, including |
29 | all: |
30 | (1) Real estate, namely: |
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1 | (i) houses; |
2 | (ii) house trailers and mobile homes permanently |
3 | attached to land or connected with water, gas, electric |
4 | or sewage facilities; |
5 | (iii) buildings permanently attached to land or |
6 | connected with water, gas, electric or sewage facilities; |
7 | (iv) lands, lots of ground and ground rents, trailer |
8 | parks and parking lots; |
9 | (v) mills and manufactories of all kinds, furnaces, |
10 | forges, bloomeries, distilleries, sugar houses, malt |
11 | houses, breweries, tan yards, fisheries, ferries and |
12 | wharves; |
13 | (vi) all office buildings; |
14 | (vii) that portion of a steel, lead, aluminum or |
15 | like melting and continuous casting structure which |
16 | encloses or provides shelter or protection from the |
17 | elements for the various machinery, tools, appliances, |
18 | equipment, materials or products involved in the mill, |
19 | mine, manufactory or industrial process; and |
20 | (viii) telecommunication towers that have become |
21 | affixed to land. |
22 | (2) All other things now taxable by the laws of this |
23 | Commonwealth for taxing districts. |
24 | (b) Exceptions.--The following are not subject to tax: |
25 | (1) Machinery, tools, appliances and other equipment |
26 | contained in any mill, mine, manufactory or industrial |
27 | establishment shall not be considered or included as a part |
28 | of the real estate in determining the value for taxation of |
29 | the mill, mine, manufactory or industrial establishment. |
30 | (2) Silos used predominantly for processing or storage |
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1 | of animal feed incidental to operation of the farm on which |
2 | it is located, freestanding detachable grain bins or corn |
3 | cribs used exclusively for processing or storage of animal |
4 | feed incidental to the operation of the farm on which it is |
5 | located and inground and aboveground structures and |
6 | containments used predominantly for processing and storage of |
7 | animal waste and composting facilities incidental to |
8 | operation of the farm on which the structures and |
9 | containments are located shall not be considered or included |
10 | as part of the real estate. |
11 | (3) No amusement park rides shall be assessed or taxed |
12 | as real estate regardless of whether they have become affixed |
13 | to the real estate. |
14 | (4) No sign or sign structure primarily used to support |
15 | or display a sign shall be assessed as real property by a |
16 | county for purposes of the taxation of real property by the |
17 | county or a political subdivision located within the county |
18 | or by a municipality located within the county authorized to |
19 | assess real property for purposes of taxation, regardless of |
20 | whether the sign or sign structure has become affixed to the |
21 | real estate. |
22 | (5) No wind turbine generators or related wind energy |
23 | appliances and equipment, including towers and tower |
24 | foundations, shall be considered or included as part of the |
25 | real property in determining the fair market value and |
26 | assessment of real property used for the purpose of wind |
27 | energy generation. Real property used for the purpose of wind |
28 | energy generation shall be valued under section 8842(b)(2) |
29 | (relating to valuation of property). |
30 | § 8812. Exemptions from taxation. |
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1 | (a) General rule.--The following property shall be exempt |
2 | from all county, borough, town, township, road, poor, county |
3 | institution district and school real estate taxes: |
4 | (1) All churches, meetinghouses or other actual places |
5 | of regularly stated religious worship, with the ground |
6 | annexed necessary for their occupancy and use. |
7 | (2) All actual places of burial, including burial |
8 | grounds and all mausoleums, vaults, crypts or structures, |
9 | intended to hold or contain the bodies of the dead if used or |
10 | held by a person or organization deriving no private or |
11 | corporate profit from the enterprise and no substantial part |
12 | of whose activity consists of selling personal property in |
13 | connection therewith. |
14 | (3) All hospitals, universities, colleges, seminaries, |
15 | academies, associations and institutions of learning, |
16 | benevolence or charity, including fire and rescue stations, |
17 | with the grounds annexed and necessary for their occupancy |
18 | and use, founded, endowed and maintained by public or private |
19 | charity as long as all of the following apply: |
20 | (i) The entire revenue derived by the entity is |
21 | applied to support the entity and to increase the |
22 | efficiency and facilities of the entity, the repair and |
23 | the necessary increase of grounds and buildings of the |
24 | entity and for no other purpose. |
25 | (ii) The property of purely public charities is |
26 | necessary to and actually used for the principal purposes |
27 | of the institution and not used in such a manner as to |
28 | compete with commercial enterprise. |
29 | (4) All property of a charitable organization providing |
30 | residential housing services in which the charitable |
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1 | nonprofit organization receives subsidies for at least 95% of |
2 | the residential housing units from a low-income Federal |
3 | housing program as long as any surplus from the assistance or |
4 | subsidy is monitored by the appropriate governmental agency |
5 | and used solely to advance common charitable purposes within |
6 | the charitable organization. |
7 | (5) All school buildings belonging to any municipality |
8 | or school district, with the ground annexed and necessary for |
9 | the occupancy and use of the school buildings. This exemption |
10 | shall not apply to assessments or charges for the grading, |
11 | paving, curbing, macadamizing, maintenance or improvement of |
12 | streets or roads and constructing sewers and sidewalks and |
13 | other municipal improvements abutting land owned by the |
14 | school district. A school district of the second, third or |
15 | fourth class situated within a county subject to the |
16 | provisions of this chapter, and which is coterminous with a |
17 | city, borough, town or township shall not be subject to |
18 | assessments or charges for the grading, paving, curbing, |
19 | macadamizing, maintenance or improvement of streets or roads |
20 | and constructing sewers and sidewalks and other municipal |
21 | improvements abutting land owned by the school district; but |
22 | the school may agree to pay all or part of the assessments or |
23 | charges. |
24 | (6) All courthouses and jails with the grounds annexed |
25 | and necessary for their occupancy and use. |
26 | (7) All public parks owned and held by trustees for the |
27 | benefit of the public and used for amusements, recreation, |
28 | sports and other public purposes without profit. |
29 | (8) All other public property used for public purposes |
30 | with the ground annexed and necessary for the occupancy and |
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1 | use of the property, but this shall not be construed to |
2 | include property otherwise taxable which is owned or held by |
3 | an agency of the Federal Government. This chapter or any |
4 | other law shall not be construed to exempt from taxation any |
5 | privilege, act or transaction conducted upon public property |
6 | by persons or entities which would be taxable if conducted |
7 | upon nonpublic property regardless of the purpose for which |
8 | the activity occurs, even if conducted as agent for or lessee |
9 | of any public authority. |
10 | (9) All real property used for limited access highways |
11 | and maintained by public funds. |
12 | (10) All real and personal property owned, occupied and |
13 | used by any branch, post or camp of honorably discharged |
14 | servicemen or servicewomen and actually and regularly used |
15 | for benevolent, charitable or patriotic purposes. |
16 | (11) All real property owned by one or more institutions |
17 | of purely public charity, used and occupied partly by the |
18 | owner or owners and partly by other institutions of purely |
19 | public charity and necessary for the occupancy and use of the |
20 | institutions so using it. |
21 | (12) All playgrounds with the equipment and grounds |
22 | annexed necessary for the occupancy and use of the |
23 | playgrounds, founded, endowed or maintained by public or |
24 | private charity which apply their revenue to the support and |
25 | repair of the playgrounds and to increase the efficiency and |
26 | facilities thereof, either in ground or buildings, or |
27 | otherwise, and for no other purpose, and owned, leased, |
28 | possessed or controlled by public school boards or properly |
29 | organized and duly constituted playground associations, and |
30 | approved and accepted by the board of the county in which the |
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1 | playgrounds are situated. A school board may, by resolution, |
2 | agree to pay for grading, paving, macadamizing, maintenance |
3 | or improvement of streets or roads abutting land owned by the |
4 | school district. |
5 | (13) All buildings owned and occupied by free public |
6 | nonsectarian libraries and the land on which they stand, and |
7 | that which is immediately and necessarily appurtenant |
8 | thereto, notwithstanding the fact that some portion or |
9 | portions of the building or lands appurtenant may be yielding |
10 | rentals to the corporation or association managing the |
11 | library. The net receipts of the corporation or association |
12 | from rentals shall be used solely for the purpose of |
13 | maintaining the library. |
14 | (14) All property, including buildings and the land |
15 | reasonably necessary thereto, provided and maintained by |
16 | public or private charity and used exclusively for public |
17 | libraries, museums or art galleries and not used for private |
18 | or corporate profit so long as the public use continues. In |
19 | the case of concert music halls used partly for exempt |
20 | purposes and partly for nonexempt purposes, that part |
21 | measured either in area or in time, whichever is the lesser, |
22 | which is used for nonexempt purposes shall be valued, |
23 | assessed and subject to taxation. |
24 | (15) Notwithstanding the provisions of subsection (b) or |
25 | any other provision of this chapter to the contrary, all fire |
26 | and rescue stations which are founded, endowed and maintained |
27 | by public or private charity, together with the grounds |
28 | annexed and necessary for the occupancy and use of the fire |
29 | and rescue stations, and social halls and grounds owned and |
30 | occupied by fire and rescue stations and used on a regular |
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1 | basis for activities which contribute to the support of fire |
2 | and rescue stations, as long as the net receipts from the |
3 | activities are used solely for the charitable purposes of the |
4 | fire and rescue stations. |
5 | (b) Exceptions.-- |
6 | (1) Except as otherwise provided in subsection (a)(11), |
7 | (13) and (15), all property, real or personal, other than |
8 | that which is actually and regularly used and occupied for |
9 | the purposes specified in this section, and all property from |
10 | which any income or revenue is derived, other than from |
11 | recipients of the bounty of the institution or charity, shall |
12 | be subject to taxation, except where exempted by law for |
13 | State purposes. |
14 | (2) Except as otherwise provided in subsection (a)(12), |
15 | all property, real and personal, actually and regularly used |
16 | and occupied for the purposes specified in this section shall |
17 | be subject to taxation unless the person or persons, |
18 | associations or corporation, so using and occupying the |
19 | property, shall be seized of the legal or equitable title in |
20 | the realty and possessor of the personal property absolutely. |
21 | (c) Institutions of Purely Public Charity Act.--Each |
22 | provision of this chapter is to be read in para materia with the |
23 | act of November 26, 1997 (P.L.508, No.55), known as the |
24 | Institutions of Purely Public Charity Act, and to the extent |
25 | that a provision of this chapter is inconsistent with the |
26 | Institutions of Purely Public Charity Act, the provision is |
27 | superseded by that act. |
28 | § 8813. Temporary tax exemption for residential construction. |
29 | New single and multiple dwellings constructed for residential |
30 | purposes and improvements to existing unoccupied dwellings or |
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1 | improvements to existing structures for purposes of conversion |
2 | to dwellings shall not be valued or assessed for purposes of |
3 | real property taxes until occupied, conveyed to a bona fide |
4 | purchaser or 30 months from the first day of the month after |
5 | which the building permit was issued or, if no building permit |
6 | or other notification of improvement was required, then from the |
7 | date construction commenced. The assessment of any multiple |
8 | dwelling because of occupancy shall be upon the proportion which |
9 | the value of the occupied portion bears to the value of the |
10 | entire multiple dwelling. As used in this section, the term |
11 | "dwellings" means buildings or portions thereof intended for |
12 | permanent use as homes or residences. |
13 | § 8814. Temporary assessment change for real estate subject to |
14 | a sewer connection ban order. |
15 | When a department or agency of the Commonwealth or a |
16 | municipality has ordered a sewer connection ban because of a |
17 | lack of adequate sewage treatment facilities, the real estate |
18 | affected by the order shall be reassessed for the duration of |
19 | the order. The assessment shall be based on the value of the |
20 | best use of the land during the period of the reassessment. For |
21 | the purposes of this section, the term "affected by the order" |
22 | shall be defined as the application for a building permit and |
23 | the denial to the applicant of permission to proceed with the |
24 | building or construction because of a sewer ban order. |
25 | § 8815. Catastrophic loss. |
26 | (a) General rule.--Persons who have suffered catastrophic |
27 | losses to their property shall have the right to appeal before |
28 | the board within the remainder of the county fiscal year in |
29 | which the catastrophic loss occurred, or within six months of |
30 | the date on which the catastrophic loss occurred, whichever |
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1 | period is longer. The duty of the board shall be to reassess the |
2 | property to reflect the loss in value from the date of the loss |
3 | to the end of the taxable year. Any property improvements made |
4 | subsequent to the catastrophic loss in the same tax year shall |
5 | not be added to the assessment roll for the remainder of that |
6 | tax year but shall be added for the following year. |
7 | (b) Refund or credit.--Any adjustments in assessment under |
8 | this section: |
9 | (1) shall be reflected by the appropriate taxing |
10 | authorities in the form of a credit for the succeeding tax |
11 | year; or |
12 | (2) upon application by the property owner to the |
13 | appropriate taxing authorities, shall result in a refund |
14 | being paid to the property owner at the time of issuance of |
15 | the tax notice for the next succeeding tax year by the |
16 | respective taxing authorities; however, a reduction in |
17 | assessed value for catastrophic loss due to inclusion or |
18 | proposed inclusion as residential property on either the |
19 | National Priority List under the Comprehensive Environmental |
20 | Response, Compensation, and Liability Act of 1980 (Public Law |
21 | 96-510, 94 Stat. 2767) or the State Priority List under the |
22 | act of October 18, 1988 (P.L.756, No.108), known as the |
23 | Hazardous Sites Cleanup Act, shall be in effect until |
24 | remediation is completed. |
25 | (c) Definition.--As used in this section, the term |
26 | "catastrophic loss" means any loss due to mine subsidence, fire, |
27 | flood or other natural disaster which affects the physical state |
28 | of the real property and which exceeds 50% of the market value |
29 | of the real property prior to the loss. The term "catastrophic |
30 | loss" shall also mean any loss which exceeds 50% of the market |
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1 | value of the real property prior to the loss incurred by |
2 | residential property owners who are not deemed responsible |
3 | parties under the Comprehensive Environmental Response, |
4 | Compensation, and Liability Act of 1980 or the Hazardous Sites |
5 | Cleanup Act and whose residential property is included or |
6 | proposed to be included as residential property on: |
7 | (1) the National Priority List by the Environmental |
8 | Protection Agency under the Comprehensive Environmental |
9 | Response, Compensation, and Liability Act of 1980; or |
10 | (2) the State Priority List by the Department of |
11 | Environmental Resources under the Hazardous Sites Cleanup |
12 | Act. |
13 | § 8816. Clerical and mathematical errors. |
14 | (a) Correction.--If, through mathematical or clerical error, |
15 | an assessment is higher than it should have been and taxes are |
16 | paid on such incorrect assessment, the county assessment office, |
17 | upon discovery of the error and correction of the assessment, |
18 | shall so inform the appropriate taxing district or districts, |
19 | which shall make a refund to the taxpayer or taxpayers for the |
20 | period of the error or six years, whichever is less, from the |
21 | date of application for refund or discovery of the error by the |
22 | board. Reassessment, with or without application by the owner, |
23 | as a decision of judgment based on the method of assessment, |
24 | shall not constitute an error under this section. |
25 | (b) Increases.--Nothing in this section shall be construed |
26 | as prohibiting an assessment office from increasing an |
27 | assessment for the current taxable year upon the discovery of a |
28 | clerical or mathematical error. |
29 | § 8817. Changes in assessed valuation. |
30 | (a) General rule.--In addition to other authorization |
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1 | provided in this chapter, the assessors may change the assessed |
2 | valuation on real property when a parcel of land is subdivided |
3 | into smaller parcels or when improvements are made to real |
4 | property or existing improvements are removed from real property |
5 | or are destroyed. The recording of a subdivision plan shall not |
6 | constitute grounds for assessment increases until lots are sold |
7 | or improvements are installed. The painting of a building or the |
8 | normal regular repairs to a building aggregating $2,500 or less |
9 | in value annually shall not be deemed cause for a change in |
10 | valuation. |
11 | (b) Construction.--A change in the assessed valuation on |
12 | real property authorized by this section shall not be construed |
13 | as a spot reassessment under section 8843 (relating to spot |
14 | reassessment). |
15 | § 8818. Assessment of lands divided by boundary lines. |
16 | (a) Assessment of lands divided by county boundary lines.-- |
17 | (1) If county boundary lines divide a tract of land, the |
18 | land will be assessed in the county in which the mansion |
19 | house is located. |
20 | (2) If county boundary lines pass through the mansion |
21 | house, the owner of the land may choose the county in which |
22 | the property will be assessed. If the owner refuses or fails |
23 | to choose the county in which the property will be assessed, |
24 | the county in which the larger portion of the mansion house |
25 | is located has the right of assessment. |
26 | (3) If vacant land is divided by the boundary lines of |
27 | two counties, the land shall be assessed in each county in |
28 | which it is located. |
29 | (b) Assessment of lands divided by township boundary |
30 | lines.-- |
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1 | (1) If land is divided by the boundary lines of a |
2 | township and a city, a township and a borough or a township |
3 | and a town, and the mansion house is located in the township, |
4 | all of the land will be assessed in the township. |
5 | (2) If land is divided by the boundary lines of a |
6 | township and a city, a township and a borough, a township and |
7 | a town or two townships, and the mansion house is located in |
8 | the city, borough, town or one township, then the land shall |
9 | be assessed in the municipality in which it actually lies. |
10 | (3) If vacant land is divided by the boundary lines of |
11 | two townships, the land shall be assessed in each township in |
12 | which it is located. |
13 | (c) Assessment where township boundary lines pass through |
14 | mansion house.--If the boundary lines of any township and a |
15 | city, borough or township pass through the mansion house, the |
16 | owner of the land may choose the municipality in which the land |
17 | shall be assessed. If the owner refuses or neglects to choose, |
18 | the mansion house shall be considered to be entirely located in |
19 | the township for assessment purposes. |
20 | (d) Assessment where lands are divided by boundary lines |
21 | between cities, boroughs or cities and boroughs.-- |
22 | (1) If lands are divided by the boundary lines of two or |
23 | more cities, two or more boroughs, or one or more cities and |
24 | one or more boroughs, the lands shall be assessed in the city |
25 | or borough in which the mansion house is located. |
26 | (2) If the boundary lines pass through the mansion |
27 | house, the lands shall be assessed in the city or borough in |
28 | which the larger portion of the mansion house is located. |
29 | (3) If vacant land is divided by the boundary lines of |
30 | two or more cities, two or more boroughs, or one or more |
|
1 | cities and one or more boroughs, the land shall be assessed |
2 | in each municipality in which it is located. |
3 | (e) Assessment of coal underlying lands divided by county, |
4 | city, township or borough boundary lines.--Where coal is lying |
5 | underneath lands that are divided by county, city, township or |
6 | borough lines, and the ownership of the coal has been severed |
7 | from the ownership of the strata or surface, the county |
8 | assessment office shall assess each division of coal in the |
9 | municipality in which it actually lies. |
10 | § 8819. Separate assessment of coal and surface. |
11 | The county assessment office shall assess coal and surface |
12 | separately in cases where the owner or life tenant of land does |
13 | not have the right to mine the coal underlying the surface. |
14 | § 8820. Assessment of real estate subject to ground rent or |
15 | mortgage. |
16 | All real estate subject to ground rent or mortgage shall be |
17 | estimated at its full value and assessed and taxed accordingly. |
18 | In the case of real estate subject to ground rent, where there |
19 | is no provision made in the ground rent deed that the lessee |
20 | shall pay the taxes on the ground rent, the ground rent shall be |
21 | estimated and assessed for taxes to the owners thereof. |
22 | § 8821. Assessment of mobile homes and house trailers. |
23 | (a) Duty.--It shall be the duty of the county assessment |
24 | office to assess all mobile homes and house trailers within the |
25 | county according to the actual value thereof. All mobile homes |
26 | or house trailers which are subject to taxation as real estate |
27 | as provided in this chapter shall be assessed and taxed in the |
28 | name of the owner. The land upon which the mobile home or house |
29 | trailer is located at the time of assessment shall be assessed |
30 | separately and shall not include the value of the house trailer |
|
1 | or mobile home located thereon. |
2 | (b) Records.--All mobile home court operators, which shall |
3 | mean every person who leases land to two or more persons for the |
4 | purpose of allowing the lessees to locate on the land a mobile |
5 | home or house trailer which is subject to real property |
6 | taxation, shall maintain a record of the leases, which shall be |
7 | open for inspection at reasonable times by the county assessment |
8 | office. Each month, the mobile home court operator shall send a |
9 | record to the county assessment office of the arrivals and |
10 | departures of mobile homes or house trailers in the court during |
11 | the prior month, including the make, model, manufacturer, year |
12 | and serial number of the mobile home or house trailer. |
13 | (c) Notice.--Each person in whose name a mobile home or |
14 | house trailer is assessed, rated or valued as provided in this |
15 | chapter shall be notified in writing by the assessor that it |
16 | shall be unlawful for any person to remove the mobile home or |
17 | house trailer from the taxing district without first having |
18 | obtained removal permits from the local tax collector. |
19 | (d) Removal permits.--The local tax collector shall issue |
20 | removal permits upon application and payment of a fee of $2 and |
21 | of all taxes levied and assessed on the mobile home or house |
22 | trailer to be moved. |
23 | (e) Penalty.--Any person who moves a mobile home or house |
24 | trailer from the territorial limits of the taxing district |
25 | without first having obtained a removal permit issued under this |
26 | chapter shall, upon summary conviction, be sentenced to pay a |
27 | fine of $100 and costs of prosecution or to imprisonment for not |
28 | more than 30 days, or both. |
29 | (f) Characterization of property.--Nothing in this section |
30 | shall be construed as prohibiting a mobile home or house trailer |
|
1 | upon which a real property tax is levied as provided by law from |
2 | being deemed tangible personal property for other purposes. |
3 | § 8822. Taxing districts lying in more than one county and |
4 | choice of assessment ratio. |
5 | (a) General rule.--Except as provided in subsections (b) and |
6 | (c), if a taxing district lies in more than one county and the |
7 | respective counties fix different predetermined ratios for the |
8 | assessment of property, the following shall apply: |
9 | (1) The taxing district may levy its taxes on the ratio |
10 | to actual value used by any one of the counties. |
11 | (2) A county, other than the county whose predetermined |
12 | ratio has been selected in accordance with paragraph (1), |
13 | shall certify to the taxing district a copy of the assessment |
14 | roll which shows the actual valuations of properties within |
15 | the county's portion of the taxing district, so that taxes to |
16 | be levied on the property may be calculated using the |
17 | assessed valuation determined by applying the selected |
18 | predetermined ratio to actual valuation of the property. |
19 | (b) Multiple counties.--In the case of school districts |
20 | lying in more than one county, section 672.1 of the act of March |
21 | 10, 1949 (P.L.30, No.14), known as the Public School Code of |
22 | 1949, shall apply. |
23 | (c) Annexation.--If land in one county has been annexed to a |
24 | borough in another county, the following shall apply: |
25 | (1) For county tax purposes, the lands and properties |
26 | within the borough shall be assessed by the county assessment |
27 | office of the county in which the lands and properties are |
28 | located. |
29 | (2) For borough and school tax purposes, all lands and |
30 | properties within the borough, regardless of the county in |
|
1 | which they are located, shall be assessed by the county |
2 | assessment office of the county that assessed lands and |
3 | properties within the borough prior to the annexation. |
4 | § 8823. Limitation on tax increase after countywide |
5 | reassessment. |
6 | (a) Scope.-- |
7 | (1) Except as set forth in paragraph (2), this section |
8 | applies to taxing districts in counties within the scope of |
9 | this chapter under section 8801(b)(1) (relating to short |
10 | title and scope of chapter). |
11 | (2) This section does not apply to a school district |
12 | subject to section 327 of the act of June 27, 2006 (1st |
13 | Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act. |
14 | (b) Initial rate.--In the first year that any county |
15 | implements a countywide revision of assessment by revaluing the |
16 | properties and applies an established predetermined ratio or |
17 | changes its assessment base by applying a change in the |
18 | predetermined ratio, a taxing district levying its real estate |
19 | taxes on the revised assessment roll for the first time shall |
20 | reduce its tax rate, if necessary, so that the total amount of |
21 | taxes levied for that year against the real properties contained |
22 | in the duplicate does not exceed the total amount it levied on |
23 | the properties in the preceding year. The tax rate shall be |
24 | fixed at a figure that will accomplish this purpose. |
25 | (c) Final tax rate.--After establishing a tax rate under |
26 | subsection (b), a taxing district may, by a separate and |
27 | specific vote, establish a final tax rate for the first year in |
28 | which the reassessment is implemented to levy its real estate |
29 | taxes on the revised assessment. The tax rate under this |
30 | subsection shall be fixed at a figure which limits the total |
|
1 | amount of taxes levied for that year against the real properties |
2 | contained in the duplicate for the preceding year to not more |
3 | than 10% greater than the total amount it levied on the |
4 | properties the preceding year, notwithstanding the increased |
5 | valuations of the properties under the revised assessment. |
6 | (d) New construction.--For the purpose of determining the |
7 | total amount of taxes to be levied for the first year under |
8 | subsections (b) and (c), the amount to be levied on newly |
9 | constructed buildings or structures or on increased valuations |
10 | based on new improvements made to existing houses need not be |
11 | considered. |
12 | (e) Court approval.--With the approval of the court of |
13 | common pleas, upon good cause shown, any taxing district may |
14 | increase the tax rate prescribed in this section, |
15 | notwithstanding the provisions of this section. |
16 | SUBCHAPTER C |
17 | COUNTY ASSESSMENT OFFICE |
18 | Sec. |
19 | 8831. Chief assessor. |
20 | 8832. Subordinate assessors. |
21 | 8833. Solicitor. |
22 | 8834. Assessment records system. |
23 | § 8831. Chief assessor. |
24 | (a) Appointment.--In each county, a chief assessor shall be |
25 | appointed. The chief assessor shall be appointed by the county |
26 | commissioners with the advice of the board. |
27 | (b) Qualifications.--Any person appointed as a chief |
28 | assessor under this chapter shall be a Certified Pennsylvania |
29 | Evaluator pursuant to the act of April 16, 1992 (P.L.155, |
30 | No.28), known as the Assessors Certification Act. Any person |
|
1 | employed as a chief assessor on the effective date of this |
2 | chapter shall obtain certification in accordance with the |
3 | Assessors Certification Act. |
4 | (c) Duties of chief assessor.--It shall be the duty of the |
5 | chief assessor to: |
6 | (1) Hire subordinate assessors under section 8832 |
7 | (relating to subordinate assessors). |
8 | (2) Prepare and submit to the board for its approval |
9 | regulations in accordance with this chapter. |
10 | (3) Prepare and maintain a permanent records system and |
11 | other maps, plans, surveys and records as may be deemed |
12 | necessary to secure a proper and equitable assessment. |
13 | (4) Prepare an assessment roll in accordance with this |
14 | chapter. |
15 | (5) Supervise and direct the activities of the |
16 | subordinate assessors and other employees subject to |
17 | regulations prescribed by the board. |
18 | (6) Perform all duties imposed upon the chief assessor |
19 | by this chapter. |
20 | (d) Compensation.--The chief assessor shall receive |
21 | compensation as determined by the salary board of the county. |
22 | § 8832. Subordinate assessors. |
23 | (a) Hiring and compensation.--The chief assessor, with the |
24 | approval of the board, shall hire subordinate assessors subject |
25 | to any applicable county personnel policy and regulations of the |
26 | board, as necessary in carrying out the duties imposed by this |
27 | chapter. A subordinate assessor shall receive compensation as |
28 | determined by the salary board of the county. |
29 | (b) Duties of subordinate assessors and other employees.--In |
30 | order to carry out the provisions of this chapter, subordinate |
|
1 | assessors and other employees shall perform those duties as may |
2 | be assigned to them by the chief assessor. |
3 | (c) Certification of assessors.--The act of April 16, 1992 |
4 | (P.L.155, No.28), known as the Assessors Certification Act, |
5 | shall apply to any person responsible for the valuation of real |
6 | property for ad valorem taxation purposes in accordance with |
7 | this chapter. |
8 | (d) Elected assessors abolished.--The office of local |
9 | elected assessor in all taxing districts subject to this chapter |
10 | is hereby abolished. |
11 | § 8833. Solicitor. |
12 | The board may appoint an attorney as solicitor to the board |
13 | and assessment office to advise on all legal matters and appear |
14 | for and represent the board on all appeals taken from its |
15 | decisions or orders to all courts of competent jurisdiction. The |
16 | salary of the appointed solicitor shall be fixed by the salary |
17 | board of the county. If the board does not appoint a solicitor |
18 | in accordance with this section, the county solicitor must serve |
19 | as solicitor to the board and assessment office to the extent |
20 | that there is not a conflict of interest. |
21 | § 8834. Assessment records system. |
22 | It shall be the duty of the county assessment office to |
23 | maintain a permanent records system consisting of: |
24 | (1) Tax maps of the entire county drawn to scale or |
25 | aerial maps, which maps shall indicate all property and lot |
26 | lines, set forth dimensions or areas and identify the |
27 | respective parcels or lots by a number system. |
28 | (2) Property record cards identifying the property |
29 | location on the tax maps and any uniform parcel identifier |
30 | which may have been assigned, and acreage or dimensions, |
|
1 | description of improvements, if any, the owner's name and |
2 | mailing address and date of acquisition, the purchase price, |
3 | if any, set forth in the deed of acquisition and the assessed |
4 | valuation. |
5 | (3) Property owner's index consisting of an alphabetical |
6 | listing of all property owners, cross-indexed with the |
7 | property record cards or electronic or computerized method of |
8 | searching for property owners by name. |
9 | SUBCHAPTER D |
10 | ASSESSMENT ROLL, VALUATION, NOTICE AND APPEALS |
11 | Sec. |
12 | 8841. Assessment roll and interim revisions. |
13 | 8842. Valuation of property. |
14 | 8843. Spot reassessment. |
15 | 8844. Notices, appeals and certification of values. |
16 | 8845. Service of notices. |
17 | 8846. Notice of changes given to taxing authorities. |
18 | 8847. Application of assessment changed as result of appeal. |
19 | 8848. Special provisions relating to countywide revisions of |
20 | assessments. |
21 | § 8841. Assessment roll and interim revisions. |
22 | (a) Preparation of assessment roll.--Annually, on or before |
23 | the first day of July, the county assessment office shall |
24 | prepare and submit to the board, in a form prescribed by the |
25 | board, an assessment roll of property subject to local taxation |
26 | or exempted from local taxation. |
27 | (b) Form of assessment roll.--The board shall determine the |
28 | form of the assessment roll which shall include the following |
29 | for each taxing district: |
30 | (1) The name of the last known owner of record of each |
|
1 | parcel with the last known address of the owner. |
2 | (2) The location of each parcel and the uniform parcel |
3 | identifier or reference to the tax map. |
4 | (3) The assessment of each parcel of land and the |
5 | assessed value of any improvements. |
6 | (4) The aggregate assessments for each municipality. |
7 | (5) The assessment of each parcel exempted from local |
8 | taxation. |
9 | (c) Interim revisions to assessment roll.--The county |
10 | assessment office is authorized to make additions and revisions |
11 | to the assessment roll at any time in the year to change the |
12 | assessments of existing properties pursuant to section 8817 |
13 | (relating to changes in assessed valuation) or add properties |
14 | and improvements to property mistakenly omitted from the |
15 | assessment roll as long as notice is provided in accordance with |
16 | section 8844 (relating to notices, appeals and certification of |
17 | values). All additions and revisions shall be a supplement to |
18 | the assessment roll for levy and collection of taxes for the tax |
19 | year for which the assessment roll was originally prepared. |
20 | (d) Public inspection of assessment rolls.-- |
21 | (1) The assessment roll shall be open to public |
22 | inspection at the county assessment office during ordinary |
23 | business hours. Within 15 days after completion of the |
24 | assessment roll, the county assessment office, by publication |
25 | in one or more newspapers of general circulation in the |
26 | county, shall give notice of the following: |
27 | (i) The fact that the assessment roll has been |
28 | completed. |
29 | (ii) The place where and time when the assessment |
30 | roll will be open for inspection. |
|
1 | (iii) The right to file in writing an appeal from an |
2 | assessment, on or before the first day of September, or |
3 | an earlier date designated by the county commissioners, |
4 | in accordance with section 8844. |
5 | (2) This subsection shall be not be construed to limit |
6 | the right of any resident of this Commonwealth to access |
7 | public records in accordance with the act of February 14, |
8 | 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
9 | § 8842. Valuation of property. |
10 | (a) Predetermined ratio.--The county assessment office shall |
11 | assess real property at a value based upon an established |
12 | predetermined ratio which may not exceed 100% of actual value. |
13 | The ratio shall be established and determined by the board of |
14 | county commissioners by ordinance. In arriving at actual value, |
15 | the county may utilize the current market value or it may adopt |
16 | a base-year market value. |
17 | (b) Valuation.-- |
18 | (1) Except as set forth in paragraph (2), the following |
19 | apply: |
20 | (i) In arriving at actual value, the price at which |
21 | any property may actually have been sold, either in the |
22 | base year or in the current taxable year, shall be |
23 | considered but shall not be controlling. |
24 | (ii) The selling price shall be subject to revision |
25 | by increase or decrease to accomplish equalization with |
26 | other similar property within the county. |
27 | (iii) In arriving at the actual value, the following |
28 | methods must be considered in conjunction with one |
29 | another: |
30 | (A) Cost approach, that is, reproduction or |
|
1 | replacement, as applicable, less depreciation and all |
2 | forms of obsolescence. |
3 | (B) Comparable sales approach. |
4 | (C) Income approach. |
5 | (2) The valuation of real property used for the purpose |
6 | of wind energy generation for assessment purposes shall be |
7 | developed by the county assessor utilizing the income |
8 | capitalization approach to value. The valuation shall be |
9 | determined by the capitalized value of the land lease |
10 | agreements, supplemented by the sales comparison data |
11 | approach as deemed necessary by the county assessor. The |
12 | lessee, or lessor on behalf of the lessee, shall provide the |
13 | nonproprietary lease and lease income information reasonably |
14 | needed by the county assessor to determine value by September |
15 | 1. |
16 | (c) Impact of restrictions and tax credits on valuation.-- |
17 | (1) In arriving at the actual value of real property, |
18 | the impact of applicable rent restrictions, affordability |
19 | requirements or any other related restrictions prescribed by |
20 | any Federal or State programs shall be considered. |
21 | (2) Federal or State income tax credits with respect to |
22 | property shall not be considered real property or income |
23 | attributable to real property. |
24 | § 8843. Spot reassessment. |
25 | The county assessment office is prohibited from engaging in |
26 | the practice of spot reassessment. In the event that the county |
27 | assessment office engages in the practice of spot reassessment, |
28 | the property owner may file an appeal to the board, limited to |
29 | the issue of spot reassessment, in accordance with this chapter. |
30 | Upon a finding by the board or an adjudication by the court that |
|
1 | the property owner has been subjected to a spot reassessment, |
2 | the property owner shall be entitled to a refund of any taxes |
3 | paid pursuant to a spot reassessment and interest thereon from |
4 | the date of payment at the same rate and in the same manner as |
5 | the Commonwealth is required to pay interest pursuant to section |
6 | 806.1(b) of the act of April 9, 1929 (P.L.343, No.176), known as |
7 | The Fiscal Code. A change in assessment resulting from an appeal |
8 | to the board by a taxpayer or taxing district shall not |
9 | constitute a spot reassessment. |
10 | § 8844. Notices, appeals and certification of values. |
11 | (a) Notices.--The county assessment office shall mail to |
12 | each record property owner, at the last known address of the |
13 | record property owner, and to the affected taxing districts |
14 | notice of any change in assessment or new assessment made |
15 | pursuant to section 8841(c) (relating to assessment roll and |
16 | interim revisions). The notice shall state: |
17 | (1) Mailing date. |
18 | (2) Property location. |
19 | (3) Parcel identifier. |
20 | (4) Effective date. |
21 | (5) Established predetermined ratio. |
22 | (6) Base-year value. |
23 | (7) Old assessment. |
24 | (8) New assessment, including the assessment of each |
25 | parcel of land and the assessed value of any improvements. |
26 | (b) Mailing and notice of appeal.--The notice shall be |
27 | mailed within five days from the date the county assessment |
28 | office makes the change or addition to its official records. The |
29 | notice shall state that any persons aggrieved by the assessment |
30 | and the affected taxing districts may file an appeal to the |
|
1 | board within 40 days of the date of the notice. The appeal shall |
2 | be in writing and shall identify the following: |
3 | (1) Appellant. |
4 | (2) Property location. |
5 | (3) Owner. |
6 | (4) Assessment or assessments by which the person is |
7 | aggrieved. |
8 | (5) Address to which notice of the time and place for a |
9 | hearing of the appeal shall be mailed. |
10 | (c) Annual appeal deadline.-- |
11 | (1) Any person aggrieved by any assessment, whether or |
12 | not the value thereof shall have been changed since the |
13 | preceding annual assessment, or any taxing district having an |
14 | interest in the assessment, may appeal to the board for |
15 | relief. Any person or taxing district desiring to make an |
16 | appeal shall, on or before September 1 or the date designated |
17 | by the county commissioners if the option under paragraph (3) |
18 | is exercised, file with the board an appeal in writing, |
19 | identifying the following: |
20 | (i) Appellant. |
21 | (ii) Property location. |
22 | (iii) Owner. |
23 | (iv) Assessment or assessments by which the person |
24 | is aggrieved. |
25 | (v) Address to which notice of the time and place |
26 | for a hearing shall be mailed. |
27 | (2) The same procedures and deadlines shall apply to a |
28 | request for real estate tax exemption under section 8812 |
29 | (relating to exemptions from taxation). |
30 | (3) The county commissioners may designate a date no |
|
1 | earlier than August 1 as the date on or before which any |
2 | person desiring to appeal from any assessment shall file with |
3 | the board an appeal as long as the notice by publication |
4 | required under this chapter is given at least two weeks prior |
5 | to the date designated in accordance with this paragraph. |
6 | (d) Class action.--For the purpose of assessment appeals, |
7 | the term "person" shall include, in addition to that provided by |
8 | law, a group of two or more persons acting on behalf of a class |
9 | of persons similarly situated with regard to an assessment. The |
10 | regulations adopted by the board may establish additional |
11 | criteria for a group of two or more persons to act on behalf of |
12 | a class, including, but not limited to, specifying a date or |
13 | time by which any person desiring to be a member of the class |
14 | must file a written election with the board. |
15 | (e) Appeals.-- |
16 | (1) The board shall meet for the hearing of appeals and |
17 | shall meet for this purpose until all appeals have been heard |
18 | and acted upon. The board shall have the power to compel the |
19 | attendance of witnesses and the furnishing of documents. For |
20 | the purpose of examining witnesses, any member of the board |
21 | may administer oaths. All appeals other than appeals brought |
22 | under section 8841(c) shall be heard and acted upon no later |
23 | than October 31. When an appeal has been filed, the board |
24 | shall notify the appellant, property owner and each affected |
25 | taxing district of the time and place of the hearing. Each |
26 | party attending the hearing shall have the right to examine |
27 | any witness. The notice shall be mailed to the appellant at |
28 | the address designated in the appeal. Notices required by |
29 | this section shall be mailed no later than 20 days preceding |
30 | the appeal. |
|
1 | (2) In any assessment appeal, the board shall determine |
2 | the market value of the property and shall apply the |
3 | established predetermined ratio to that value, unless the |
4 | common level ratio last published by the State Tax |
5 | Equalization Board varies by more than 15% from the |
6 | established predetermined ratio, in which case the board |
7 | shall apply that same common level ratio to the market value |
8 | of the property. Nothing in this paragraph shall prevent an |
9 | appellant from appealing a base-year valuation without |
10 | reference to ratio. When the board has completed the appeal |
11 | hearings, it shall give written notice of its decision to the |
12 | appellant, property owner and affected taxing districts no |
13 | later than November 15. The county assessment office shall |
14 | make the appropriate changes in the assessment roll to |
15 | conform to the decision of the board. |
16 | (3) Nothing in this subsection shall be construed to |
17 | abridge, alter or limit the right of an appellant to assert a |
18 | challenge under section 1 of Article VIII of the Constitution |
19 | of Pennsylvania. |
20 | (f) Certification of assessment roll after appeals.-- |
21 | (1) The county assessment office shall prepare three |
22 | copies of the assessment roll and shall deliver as follows |
23 | the copies on or before November 15 with its certificate that |
24 | each copy is a true copy of the original assessment roll: |
25 | (i) One copy to the chief clerk of the county |
26 | commissioners. |
27 | (ii) One copy of the portion of the roll that |
28 | contains the assessment of persons or property within |
29 | each school district to the secretary of the board of |
30 | school directors of the respective school district. |
|
1 | (iii) One copy of the portion of the roll that |
2 | contains the assessment of persons or property within |
3 | each city accepting the provisions of this chapter, |
4 | borough, town or township, to the respective city clerk, |
5 | borough secretary, town clerk or secretary or township |
6 | secretary. |
7 | (2) All copies of the roll so furnished shall for all |
8 | purposes be considered as originals. The original assessment |
9 | roll and the true copies may be corrected, amended or changed |
10 | after November 15 as circumstances may require. The copies, |
11 | in addition to the information required to be shown on the |
12 | original assessment roll, shall provide space to the right of |
13 | each assessment for the entry of all taxes which may be |
14 | levied thereon by the respective taxing districts. The |
15 | original assessment roll as corrected shall be preserved in |
16 | the office of the chief assessor or of the board and shall be |
17 | open to public inspection, subject to regulations that the |
18 | board may prescribe for the preservation and safekeeping of |
19 | the roll. |
20 | (3) On or before November 15, the board shall certify to |
21 | the clerk or secretary of each taxing district coming within |
22 | the scope of this chapter within the county: |
23 | (i) The assessed value of real property. |
24 | (ii) The value of occupations pursuant to section |
25 | 8865 (relating to assessment of occupations). |
26 | (iii) The number of persons subject to personal |
27 | taxes appearing in the assessment roll and taxable by the |
28 | respective taxing districts pursuant to section 8864 |
29 | (relating to assessment of personal property). |
30 | § 8845. Service of notices. |
|
1 | No defect in service of any notice shall be sufficient |
2 | grounds for setting any assessment aside, but, upon proof of |
3 | defective notice, the aggrieved party or taxing district shall |
4 | have the right to a hearing before the board. |
5 | § 8846. Notice of changes given to taxing authorities. |
6 | If the county assessment office makes any change in the |
7 | assessed value of a property, the county assessment office shall |
8 | give notice of the change to the taxing districts in which the |
9 | assessed property is located. The time limit within which the |
10 | taxing districts are entitled to appeal shall commence to run on |
11 | the day the notice is mailed. |
12 | § 8847. Application of assessment changed as result of appeal. |
13 | (a) General rule.--Except as provided in subsection (b), for |
14 | purposes of taxation, if there is a change in assessment made by |
15 | the board as a result of an assessment appeal, a taxing district |
16 | shall apply the changed assessment in computing taxes imposed in |
17 | the next fiscal year of the taxing district following the fiscal |
18 | year in which the board heard the appeal and rendered its |
19 | decision. |
20 | (b) Exceptions.--Subsection (a) shall not apply to: |
21 | (1) Interim assessments made pursuant to section 8841(c) |
22 | (relating to assessment roll and interim revisions). |
23 | (2) Reductions in assessments due to a catastrophic loss |
24 | pursuant to section 8815 (relating to catastrophic loss). |
25 | (3) Correction to assessments made due to clerical or |
26 | mathematical errors pursuant to section 8816 (relating to |
27 | clerical and mathematical errors). |
28 | § 8848. Special provisions relating to countywide revisions of |
29 | assessments. |
30 | (a) Notice requirements.--If any county proposes to |
|
1 | institute a countywide revision of assessments upon real |
2 | property, the following notice requirements shall apply: |
3 | (1) Each property owner shall be notified by mail at the |
4 | property owner's last known address of the value of the new |
5 | assessment, the value of the old assessment and the right to |
6 | appeal within 40 days as provided in subsection (c)(1). The |
7 | notice shall state a mailing date and shall be deposited in |
8 | the United States mail on that date. The notice shall be |
9 | deemed received by the property owner on the date deposited |
10 | in the United States mail. |
11 | (2) The chief assessor shall maintain a list of all |
12 | notices and the mailing dates for each and shall affix an |
13 | affidavit attesting to the mailing dates of the assessment |
14 | notices. This list shall be a permanent public record of the |
15 | county assessment office and available for public inspection. |
16 | (b) Informal review.--In conjunction with a countywide |
17 | revision of assessments, a designee of the county assessment |
18 | office may meet with property owners to review all proposed |
19 | assessments and correct errors prior to the completion of the |
20 | final assessment roll. |
21 | (c) Appeal process.-- |
22 | (1) All property owners and affected taxing districts |
23 | shall have the right to appeal any new assessment value |
24 | within 40 days of the mailing date stated on the notice. |
25 | (2) The county assessment office shall mail all notices |
26 | on or before July 1. The board in its discretion may commence |
27 | with the hearing of appeals 40 days following the mailing of |
28 | the initial notices of reassessment. |
29 | (3) The county assessment office shall notify each |
30 | appellant, property owner, if not the appellant, and each |
|
1 | affected taxing district of the time and place of hearing on |
2 | the appeal by mailing a notice no later than 20 days prior to |
3 | the scheduled hearing date. Any appellant who fails to appear |
4 | for hearing at the time fixed shall be conclusively presumed |
5 | to have abandoned the appeal unless the hearing date is |
6 | rescheduled by the mutual consent of the appellant and the |
7 | board. |
8 | (4) On or before November 15, the county assessment |
9 | office shall certify to the taxing districts new assessment |
10 | rolls resulting from the countywide revision of assessments. |
11 | (5) All appeals shall be heard and acted upon by the |
12 | board not later than October 31. |
13 | (d) Common level ratio.--If a county has effected a |
14 | countywide revision of the assessments, which was used to |
15 | develop the common level ratio last determined by the State Tax |
16 | Equalization Board, the following shall apply: |
17 | (1) If a county changes its assessment base by applying |
18 | a change in predetermined ratio, the board shall apply the |
19 | percentage change between the existing predetermined ratio |
20 | and newly established predetermined ratio to the county's |
21 | common level ratio to establish the certified revised common |
22 | level ratio for the year in which the assessment was revised. |
23 | (2) If the county performs a countywide revision of |
24 | assessments by revaluing the properties and applying an |
25 | established predetermined ratio, the board shall utilize the |
26 | established predetermined ratio instead of the common level |
27 | ratio for the year in which the assessment was revised and |
28 | until the time that the common level ratio determined by the |
29 | State Tax Equalization Board reflects the revaluing of |
30 | properties resulting from the revision of assessments. |
|
1 | SUBCHAPTER E |
2 | BOARDS AND APPEALS TO COURT |
3 | Sec. |
4 | 8851. Board of assessment appeals and board of assessment |
5 | revision. |
6 | 8852. Regulations of board. |
7 | 8853. Auxiliary appeal boards and alternates. |
8 | 8854. Appeals to court. |
9 | 8855. Appeals by taxing districts. |
10 | § 8851. Board of assessment appeals and board of assessment |
11 | revision. |
12 | (a) Establishment and membership.-- |
13 | (1) Counties of the second class A and third class |
14 | shall, and counties of the fourth through eighth classes may, |
15 | establish a board, to be known as the board of assessment |
16 | appeals, which shall be composed of three members. The |
17 | members of the board shall be appointed by the county |
18 | commissioners to serve for terms of four years each. |
19 | Vacancies on the board shall be filled by appointment by the |
20 | county commissioners for the unexpired terms. The salary of |
21 | the members of the board shall be fixed by the salary board |
22 | of the county. |
23 | (2) In each county of the fourth through eighth classes |
24 | that has not created a separate board of assessment appeals |
25 | in accordance with paragraph (1), there is established a |
26 | board of assessment revision. The county commissioners shall |
27 | serve as a board of assessment revision. The county |
28 | commissioner holding the oldest certificate of election shall |
29 | be the chairman. |
30 | (b) Powers and duties of board.--The board has the following |
|
1 | powers and duties: |
2 | (1) Appoint, with the approval of the county |
3 | commissioners, clerks, engineers and other employees as |
4 | necessary. |
5 | (2) Promulgate regulations as provided in section 8852 |
6 | (relating to regulations of board). |
7 | (3) Hear and determine appeals, as provided in section |
8 | 8844 (relating to notices, appeals and certification of |
9 | values). |
10 | (4) Establish the form of the assessment roll as |
11 | provided in section 8841 (relating to assessment roll and |
12 | interim revisions). |
13 | (5) Prepare annually and submit to the county |
14 | commissioners an estimate of the expense to be incurred |
15 | incidental to the carrying out of the provisions of this |
16 | chapter. |
17 | (6) Establish a permanent system of records as required |
18 | by section 8834 (relating to assessment records system). |
19 | (c) Expenses to be paid by county.--The county commissioners |
20 | shall appropriate annually to the board funds necessary for the |
21 | payment of salaries, wages and other expenses incurred in |
22 | carrying out the duties imposed upon the board and its employees |
23 | by this chapter. |
24 | (d) Organization of board meetings; action by majority.-- |
25 | (1) The members of the board shall meet and organize as |
26 | a board at the same time and place as the county |
27 | commissioners meet for the purpose of organizing. The board |
28 | shall meet from time to time at the call of the chairman or |
29 | of any member, upon personal notice to each member. No action |
30 | shall be taken by the board except by a majority vote of all |
|
1 | the members of the board, and all actions of the board shall |
2 | be recorded in writing. |
3 | (2) The county commissioners shall appoint a chairman of |
4 | the board unless the county commissioners serve as the board |
5 | of assessment revision, in which case the commissioner |
6 | holding the oldest certificate of election shall be the |
7 | chairman. |
8 | § 8852. Regulations of board. |
9 | Subject to the approval of the county commissioners, the |
10 | board may adopt, amend, alter and rescind regulations for the |
11 | administration of and the conduct of business and proceedings |
12 | for itself and for auxiliary appeal boards. The regulations may |
13 | require a witness providing testimony at a hearing relative to |
14 | any aspect of the value of the real estate which is the subject |
15 | of the assessment or reassessment appeal to disclose, under |
16 | oath, whether any compensation paid for the testimony is |
17 | contingent on the result obtained. The regulations shall be in |
18 | writing and shall be a public record open to examination, |
19 | inspection and copying in accordance with the act of February |
20 | 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
21 | § 8853. Auxiliary appeal boards and alternates. |
22 | (a) Establishment and authority.--In conjunction with a |
23 | countywide revision of assessments involving either a change in |
24 | the established predetermined ratio, or revaluing the properties |
25 | and applying the predetermined ratio, or in conjunction with the |
26 | homestead exclusion pursuant to Subchapter F of Chapter 85 |
27 | (relating to homestead property exclusion) or Ch. 3 Subch. E of |
28 | the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known |
29 | as the Taxpayer Relief Act, the county commissioners may |
30 | establish up to four temporary auxiliary appeal boards, each to |
|
1 | be known as an auxiliary appeal board. The term of existence for |
2 | an auxiliary appeal board shall be the period of time required |
3 | by the auxiliary appeal board to hear and determine appeals from |
4 | new assessment values in accordance with this chapter and |
5 | appeals taken from assessments in the next succeeding year or |
6 | the period of time required to hear and determine appeals |
7 | arising from applications for the homestead exclusion. The |
8 | authority of an auxiliary appeal board shall be limited to |
9 | hearing and determining appeals from assessments in accordance |
10 | with the provisions of this chapter and the regulations of the |
11 | board established pursuant to section 8852 (relating to |
12 | regulations of board). |
13 | (b) Membership.--An auxiliary appeal board shall be composed |
14 | of three members who shall be appointed by the county |
15 | commissioners to serve for the time that the auxiliary appeal |
16 | board is in existence. Members of an auxiliary appeal board |
17 | shall be competent and qualified residents of the county. |
18 | Vacancies on an auxiliary appeal board shall be filled by |
19 | appointment by the county commissioners for the duration of the |
20 | auxiliary appeal board's existence, but the unavailability of a |
21 | member of the board for a scheduled hearing for which an |
22 | alternate member may be appointed in accordance with subsection |
23 | (c) shall not be considered a vacancy on the board. Any salary |
24 | of members of an auxiliary appeal board shall be fixed by the |
25 | salary board of the county. |
26 | (c) Alternates.--In addition to the appointment of three |
27 | members to each auxiliary appeal board created in accordance |
28 | with subsection (a), the county commissioners may appoint no |
29 | more than eight alternate members, each of whom may serve as |
30 | directed by the board of assessment appeals on any auxiliary |
|
1 | appeal board in the event that a member of an auxiliary appeal |
2 | board is unavailable for a scheduled hearing by reason of being |
3 | absent, having a conflict or being disqualified. Alternate |
4 | members shall be appointed for the same length of time as any |
5 | auxiliary appeal board is in existence. Any salary of alternate |
6 | members serving on an auxiliary appeal board shall be fixed by |
7 | the salary board of the county. An alternate member shall have |
8 | the same authority as a member appointed under subsection (a) to |
9 | participate in the hearing and determination of appeals from |
10 | assessments after a countywide revision of assessments or |
11 | homestead exclusion. |
12 | § 8854. Appeals to court. |
13 | (a) Court of common pleas.-- |
14 | (1) Following an appeal to the board, any appellant, |
15 | property owner or affected taxing district may appeal the |
16 | board's decision to the court of common pleas in the county |
17 | in which the property is located in accordance with local |
18 | rules of court. |
19 | (2) In any appeal of an assessment the court shall make |
20 | the following determinations: |
21 | (i) The market value as of the date the appeal was |
22 | filed before the board. In the event subsequent years |
23 | have been made a part of the appeal, the court shall |
24 | determine the market value for each year. |
25 | (ii) The common level ratio which was applicable in |
26 | the original appeal to the board. In the event subsequent |
27 | years have been made a part of the appeal, the court |
28 | shall determine the applicable common level ratio for |
29 | each year published by the State Tax Equalization Board |
30 | on or before July 1 of the year prior to the tax year |
|
1 | being appealed. |
2 | (3) The court, after determining the market value of the |
3 | property pursuant to paragraph (2)(i), shall then apply the |
4 | established predetermined ratio to that value unless the |
5 | corresponding common level ratio determined pursuant to |
6 | paragraph (2)(ii) varies by more than 15% from the |
7 | established predetermined ratio, in which case the court |
8 | shall apply the applicable common level ratio to the |
9 | corresponding market value of the property. |
10 | (4) If a county has effected a countywide revision of |
11 | assessments which was used to develop the common level ratio |
12 | last determined by the State Tax Equalization Board, the |
13 | following shall apply: |
14 | (i) If a county changes its assessment base by |
15 | applying a change in predetermined ratio, the court shall |
16 | apply the percentage change between the existing |
17 | predetermined ratio and the newly established |
18 | predetermined ratio to the county's common level ratio to |
19 | establish the certified revised common level ratio for |
20 | the year in which the assessment was revised. |
21 | (ii) If the county performs a countywide revision of |
22 | assessments by revaluing the properties and applying an |
23 | established predetermined ratio, the court shall utilize |
24 | the established predetermined ratio instead of the common |
25 | level ratio for the year in which the assessment was |
26 | revised and until the common level ratio determined by |
27 | the State Tax Equalization Board reflects the revaluing |
28 | of properties resulting from the revision of assessments. |
29 | (5) If a taxpayer or taxing district has filed an appeal |
30 | from an assessment, so long as the appeal is pending before |
|
1 | the board or before a court on appeal from the determination |
2 | of the board, as provided by statute, the appeal will also be |
3 | taken as an appeal by the appellant on the subject property |
4 | for any valuation for any assessment subsequent to the filing |
5 | of an appeal with the board and prior to the determination of |
6 | the appeal by the board or the court. This provision shall be |
7 | applicable to all pending appeals as well as future appeals. |
8 | (6) In any appeal by a taxable person from an action by |
9 | the board, the board shall have the power and duty to present |
10 | a prima facie case in support of its assessment, to cross- |
11 | examine witnesses, to discredit or impeach any evidence |
12 | presented by the taxable person, to prosecute or defend an |
13 | appeal in any appellate court, and to take any other |
14 | necessary steps to defend its valuation and assessment. |
15 | (7) Appeals to a court of common pleas may be referred |
16 | by the court to a board of arbitrators under 42 Pa.C.S. Ch. |
17 | 73 Subch. C (relating to judicial arbitration) or to a board |
18 | of viewers under 42 Pa.C.S. Ch. 21 Subch. E (relating to |
19 | boards of viewers) in accordance with the Pennsylvania Rules |
20 | of Civil Procedure. |
21 | (8) The cost of the appeal shall be apportioned or fixed |
22 | as the court may direct. |
23 | (9) Nothing in this subsection shall: |
24 | (i) Prevent an appellant from appealing a base-year |
25 | valuation without reference to ratio. |
26 | (ii) Be construed to abridge, alter or limit the |
27 | right of an appellant to assert a challenge under section |
28 | 1 of Article VIII of the Constitution of Pennsylvania. |
29 | (b) Appeals to Commonwealth Court or Supreme Court.--The |
30 | board, or any party to the appeal to the court of common pleas, |
|
1 | may appeal from the judgment, order or decree of the court of |
2 | common pleas. |
3 | (c) Payment of taxes pending appeal.--An appeal shall not |
4 | prevent the collection of taxes based on the assessment |
5 | appealed. If the assessment is reduced, then any overpayment of |
6 | taxes together with interest at a rate pursuant to section 8843 |
7 | (relating to spot reassessment) from the date of overpayment |
8 | shall be returned to the person or persons who paid the taxes. |
9 | The appellant may protest the taxes due. The protest must be in |
10 | writing addressed to the tax collector. It shall be the duty of |
11 | the tax collector to notify the taxing districts of any payment |
12 | under protest by delivering to them a copy of the protest. The |
13 | taxing districts shall be required to segregate 25% of the |
14 | amount of the tax paid in a separate account and shall not be |
15 | permitted to expend any portion of any segregated amount unless |
16 | it first petitions the court, alleging that the segregated |
17 | amount is unjustly withheld. The court shall have power to order |
18 | the taxing district to use a portion of any segregated amount as |
19 | the court deems reasonably free from dispute, and the remainder |
20 | of the segregated amount shall be held segregated by the taxing |
21 | district, pending the final disposition of the appeal. Upon |
22 | final disposition of the appeal, the amount of the overpayment |
23 | found to be due the appellant as a refund shall also be a legal |
24 | setoff or credit against any future taxes assessed against the |
25 | appellant by the same taxing district. If a taxing district |
26 | alleges that it is unable to credit all of the refund due in one |
27 | year, the court, upon application of either party, shall |
28 | determine over what period of time the refund due shall be made |
29 | and in what manner. |
30 | § 8855. Appeals by taxing districts. |
|
1 | A taxing district shall have the right to appeal any |
2 | assessment within its jurisdiction in the same manner, subject |
3 | to the same procedure, and with like effect as if the appeal |
4 | were taken by a taxable person with respect to the assessment, |
5 | and in addition, may take an appeal from any decision of the |
6 | board or court of common pleas as though it had been a party to |
7 | the proceedings before the board or court even though it was not |
8 | a party in fact. A taxing district authority may intervene in |
9 | any appeal by a taxable person under section 8854 (relating to |
10 | appeals to court) as a matter of right. |
11 | SUBCHAPTER F |
12 | MISCELLANEOUS PROVISIONS |
13 | Sec. |
14 | 8861. Abstracts of building and demolition permits to be |
15 | forwarded to the county assessment office. |
16 | 8862. Recorder of deeds to furnish record of conveyances, |
17 | compensation. |
18 | 8863. Assessment of property of decedent's estates. |
19 | 8864. Assessment of personal property. |
20 | 8865. Assessment of occupations. |
21 | 8866. Limitation on rates of specific taxes. |
22 | 8867. Prohibition on certain levies. |
23 | 8868. Optional use by cities. |
24 | § 8861. Abstracts of building and demolition permits to be |
25 | forwarded to the county assessment office. |
26 | (a) Permit.--Every municipality, third-party agency or the |
27 | Department of Labor and Industry responsible for the issuance of |
28 | building permits shall forward a copy of each building permit to |
29 | the county assessment office on or before the first day of every |
30 | month. Each building permit shall include the following |
|
1 | information: |
2 | (1) the date issued; |
3 | (2) the names and addresses of the owner or owners; |
4 | (3) the parcel identifier and tax map reference; |
5 | (4) the street address or location of the property for |
6 | which the permit was issued; and |
7 | (5) a brief description of the nature of the |
8 | improvements or demolition and its estimated cost. |
9 | In addition to any charge otherwise permitted by law, a |
10 | municipality, third-party agency or the Department of Labor and |
11 | Industry may charge an additional fee of $10 to each person to |
12 | whom a permit is issued for administrative costs incurred in |
13 | compliance with this section. |
14 | (b) Substantial improvement.--If a person makes improvements |
15 | to any real property, other than painting of or normal regular |
16 | repairs to a building, aggregating more than $2,500 in value and |
17 | a building permit is not required for the improvements, the |
18 | property owner shall furnish the following information to the |
19 | board: |
20 | (1) the name and address of the person owning the |
21 | property; |
22 | (2) a description of the improvements made or to be made |
23 | to the property; and |
24 | (3) the dollar value of the improvements. |
25 | (c) Penalty.--Any person that intentionally fails to comply |
26 | with the provisions of subsection (b) or intentionally falsifies |
27 | the information provided, shall, upon conviction in a summary |
28 | proceeding, be sentenced to pay a fine of not more than $50. |
29 | § 8862. Recorder of deeds to furnish record of conveyances, |
30 | compensation. |
|
1 | (a) Maintaining information.--For every deed or conveyance |
2 | of land recorded, the recorder of deeds shall document and |
3 | maintain the following information: |
4 | (1) the date of the deed or conveyance; |
5 | (2) the names of the grantor and grantee; |
6 | (3) the address of the grantee; |
7 | (4) the consideration mentioned in the deed; |
8 | (5) the municipality in which the property is located; |
9 | (6) the acreage of the land conveyed, if mentioned; and |
10 | (7) whether the land conveyed is a lot or lots on a |
11 | recorded plan and, if so, the designation assigned to the |
12 | land on the plan, if mentioned in the deed. |
13 | (b) Filing information.--The recorder of deeds shall, on or |
14 | before the first Monday of each month, file the information |
15 | required to be maintained by this section with the county |
16 | assessment office along with a certification that the |
17 | information is correct. Fees charged by the recorder of deeds |
18 | shall be in accordance with the act of April 8, 1982 (P.L.310, |
19 | No.87), referred to as the Recorder of Deeds Fee Law. |
20 | § 8863. Assessment of property of decedent's estates. |
21 | If an individual dies leaving real or personal property |
22 | which, by the existing laws of this Commonwealth, is subject to |
23 | taxation for county purposes, the property, so long as it |
24 | belongs to the estate of the decedent, may be assessed in the |
25 | name of the decedent or in the name of the personal |
26 | representative. |
27 | § 8864. Assessment of personal property. |
28 | If personal property is subject to taxation for county |
29 | purposes it shall be assessed in the manner provided by existing |
30 | laws, except that the county commissioners shall fix the date as |
|
1 | of which the valuation of personal property shall be determined, |
2 | when and to whom returns of taxable personal property shall be |
3 | made, and when appeals from assessments shall be heard in the |
4 | same manner and with like notice and like periods of time as |
5 | provided in this section for appeals from assessments of real |
6 | estate. Personal property assessments shall be entered on |
7 | separate assessment rolls. |
8 | § 8865. Assessment of occupations. |
9 | (a) Occupation taxes.--In accordance with the act of August |
10 | 9, 1955 (P.L.323, No.130), known as The County Code, the county |
11 | commissioners in counties of the fourth through eighth classes |
12 | may by resolution levy a tax on trades, occupations, professions |
13 | and persons who follow no occupation or calling. |
14 | (b) List of taxables.-- |
15 | (1) The county assessment office shall provide a listing |
16 | each year to the county commissioners of all taxable persons |
17 | within the county. This list shall set forth the following |
18 | information for each taxable person: |
19 | (i) Full name and street address. |
20 | (ii) Respective municipality and school district. |
21 | (iii) Occupation. |
22 | (2) If a taxable person resides in a house which does |
23 | not have a street number address, then an address as definite |
24 | as possible shall be given. The county assessment office |
25 | shall accept the substitute address of any person certified |
26 | by the Office of Victim Advocate as eligible to participate |
27 | in the address confidentiality program pursuant to 23 Pa.C.S. |
28 | Ch. 67 (relating to domestic and sexual violence victim |
29 | address confidentiality). |
30 | (3) A county assessment office shall not be required to |
|
1 | maintain an occupation tax assessment roll if no taxing |
2 | district in the county levies an occupation tax. |
3 | (c) Exemption.--Except where a higher exemption level is |
4 | specified in law, each county, city, borough, incorporated town, |
5 | township and school district may, by ordinance or resolution, |
6 | exempt any person whose total income from all sources is less |
7 | than $12,000 per year from its per capita or similar head tax |
8 | and occupation tax, or any portion thereof. Each taxing |
9 | authority may adopt regulations for the processing of claims for |
10 | the exemption. |
11 | § 8866. Limitation on rates of specific taxes. |
12 | No taxes levied under the provisions of this chapter or |
13 | section 8402(c) (relating to scope and limitations) shall be |
14 | levied by any taxing district on admissions to automobile racing |
15 | facilities with a seating capacity of more than 25,000 and a |
16 | continuous race area of one mile or more in excess of the |
17 | percent collected as of January 1, 2002. The tax base upon which |
18 | the tax shall be levied shall not exceed 40% of the cost of |
19 | admission to an automobile racing facility. |
20 | § 8867. Prohibition on certain levies. |
21 | Notwithstanding the provisions of this chapter, the act of |
22 | December 31, 1965 (P.L.1257, No.511), known as The Local Tax |
23 | Enabling Act, or section 8402(c) (relating to scope and |
24 | limitations), no taxing district shall levy, assess or collect a |
25 | tax on admissions to ski facilities after December 1, 2002. |
26 | § 8868. Optional use by cities. |
27 | (a) Election.--A city in any county to which this chapter |
28 | applies may, by adopting an ordinance, elect to become subject |
29 | to this chapter. A copy of the ordinance approved by the mayor, |
30 | or other comparable official if so required under an optional |
|
1 | form of government or home rule charter, and duly certified, |
2 | accompanied by a statement of the vote thereon, with the names |
3 | of the members of council voting for and against the ordinance, |
4 | shall be forwarded to and filed in the office of the Secretary |
5 | of the Commonwealth, and when so filed, the Governor shall under |
6 | the great seal of the Commonwealth certify the acceptance of the |
7 | provisions of this chapter which certificate shall be recorded |
8 | among the minutes of the council and in the office for the |
9 | recording of deeds in the proper county. A city that has |
10 | previously opted to become subject to the act of May 21, 1943 |
11 | (P.L.571, No.254), known as The Fourth to Eighth Class and |
12 | Selective County Assessment Law, or the act of June 26, 1931 |
13 | (P.L.1379, No.348), referred to as the Third Class County |
14 | Assessment Board Law, shall continue to be subject to this |
15 | chapter. |
16 | (b) Result.--Upon becoming subject to this chapter in |
17 | accordance with subsection (a), the property and persons subject |
18 | to and exempt from taxation in the city for city and school |
19 | purposes shall be designated in accordance with this chapter, |
20 | and the assessment and valuation thereof shall be done only in |
21 | accordance with this chapter and by the officers designated in |
22 | this chapter. If a city in accepting the provisions of this |
23 | chapter elects by ordinance to adopt an established |
24 | predetermined ratio different from that used by the county, then |
25 | the city shall apply the ratio selected to the actual valuation |
26 | supplied by the county to determine assessed value for tax |
27 | purposes. The established predetermined ratio selected by the |
28 | city, if different from the ratio selected by the county, may be |
29 | set at any value up to and including the actual valuation |
30 | supplied by the county. |
|
1 | (c) Alternate ratio.--If a city accepts this chapter in |
2 | accordance with subsection (a), all the provisions thereof shall |
3 | apply to the city except that a city may, by ordinance, elect to |
4 | adopt an established predetermined ratio different from that |
5 | used by the county. |
6 | Section 2. If a city of the third class accepts 53 Pa.C.S. |
7 | Ch. 88, all former city employees in the office of the city |
8 | assessor who are employed in the office of the county assessor |
9 | and who are members of the city's pension or retirement system |
10 | may, notwithstanding the provisions of section 10 of the act of |
11 | August 31, 1971 (P.L.398, No.96), known as the County Pension |
12 | Law, relating to compulsory membership, file an election in |
13 | writing with the county commissioners and the city pension board |
14 | within one year after they become county employees to retain |
15 | their membership in the city pension or retirement system. The |
16 | county shall deduct from the employees' salaries the amounts of |
17 | their contributions to the pension or retirement system of the |
18 | city and pay the deductions to the city pension or retirement |
19 | system. A member who files an election as provided in this |
20 | section may not thereafter elect to become a member of the |
21 | county's retirement system and shall continue to remain a member |
22 | of the city pension or retirement system until retirement. |
23 | Section 3. The following provisions of Title 53 shall not |
24 | affect an agreement or agreed to assessment practice actively in |
25 | place in a county on January 28, 2007: |
26 | (1) Section 8801(b)(2). |
27 | (2) Section 8811(b)(5). |
28 | (3) Section 8842(b)(2). |
29 | Section 4. Repeals are as follows: |
30 | (1) The following acts or parts of acts are repealed |
|
1 | absolutely: |
2 | (i) The act of June 26, 1931 (P.L.1379, No.348), |
3 | referred to as the Third Class County Assessment Board |
4 | Law. |
5 | (ii) The act of May 21, 1943 (P.L.571, No.254), |
6 | known as The Fourth to Eighth Class and Selective County |
7 | Assessment Law. |
8 | (iii) Sections 1770.3 and 1770.9 of the act of |
9 | August 9, 1955 (P.L.323, No.130), known as The County |
10 | Code. |
11 | (2) The act of May 22, 1933 (P.L.853, No.155), known as |
12 | The General County Assessment Law, is repealed insofar as it |
13 | relates to second class A, third, fourth, fifth, sixth, |
14 | seventh and eighth class counties. |
15 | (3) All other acts and parts of acts are repealed |
16 | insofar as they are inconsistent with 53 Pa.C.S. Ch. 88. |
17 | Section 5. The following apply: |
18 | (1) The addition of 53 Pa.C.S. Ch. 88 is a continuation |
19 | of the following: |
20 | (i) The act of June 26, 1931 (P.L.1379, No.348), |
21 | referred to as the Third Class County Assessment Board |
22 | Law. |
23 | (ii) The act of May 21, 1943 (P.L.571, No.254), |
24 | known as The Fourth to Eighth Class and Selective County |
25 | Assessment Law. |
26 | (iii) Sections 1770.3 and 1770.9 of the act of |
27 | August 9, 1955 (P.L.323, No.130), known as The County |
28 | Code. |
29 | (2) Except as otherwise provided in 53 Pa.C.S. Ch. 88, |
30 | all activities initiated under the statutory provisions |
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1 | referred to in paragraph (1) shall continue and remain in |
2 | full force and effect and may be completed under 53 Pa.C.S. |
3 | Ch. 88. Orders, regulations, rules and decisions which were |
4 | made under the statutory provisions referred to in paragraph |
5 | (1) and which are in effect on the effective date of section |
6 | 4 of this act shall remain in full force and effect until |
7 | revoked, vacated or modified under 53 Pa.C.S. Ch. 88. |
8 | Contracts, obligations and collective bargaining agreements |
9 | entered into under the statutory provisions referred to in |
10 | paragraph (1) are not affected nor impaired by the repeal of |
11 | the statutory provisions referred to in paragraph (1). |
12 | Section 6. This act shall take effect January 1, 2011. |
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