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A06402
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1823
Session of
2015
INTRODUCED BY HARPER, ROSS, GINGRICH, FREEMAN AND M. DALEY,
JANUARY 28, 2016
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 23, 2016
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
reenacted and amended, "An act concerning townships of the
second class; and amending, revising, consolidating and
changing the law relating thereto," further providing for
ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1601(c.1) of the act of May 1, 1933
(P.L.103, No.69), known as The Second Class Township Code,
reenacted and amended November 9, 1995 (P.L.350, No.60), is
amended by adding a paragraph to read:
Section 1601. Ordinances.--* * *
(c.1) An ordinance enacted by the board of supervisors
pursuant to this act shall prescribe the fines and penalties
which may be imposed for its violation and shall, unless
otherwise specified in another statute, designate the method of
its enforcement in accordance with the following:
* * *
(8) Ordinances related to township services.--
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Notwithstanding any other provision of law, a township may
(i) Notwithstanding any other provision of law, a township
may impose penalties and late fees on solid waste rates and
charges, sewer rental fees, water rents and charges for other
township services that are not expressly collected in the manner
provided in Article XXXIII and that are delinquent by no less
than thirty days. The amount of the DELINQUENCY, penalties and
late fees shall constitute a lien against the property receiving
the services and may be collected by action of assumpsit or as
provided under law for the filing and recovery of municipal
claims. THE TOWNSHIP SHALL PROVIDE NOTICE OF THE DELINQUENCY AND
THE AMOUNT AND RATE OF PENALTIES AND LATE FEES TO THE OWNER OF
THE PROPERTY RECEIVING THE SERVICE, BY FIRST CLASS MAIL, AT
LEAST TWENTY DAYS PRIOR TO THE FILING OF ANY MUNICIPAL CLAIM TO
RECOVER THE DELINQUENCY, PENALTIES AND LATE FEES.
(ii) In the case where a township provides services to a
residential dwelling unit in which the owner of the property
does not reside, the owner of the property shall be responsible
for the payment of a tenant's bill for services rendered to the
tenant by the township, and any applicable penalties and late
fees, provided that:
(A) Once the bill has been delinquent for thirty days the
township shall notify both the owner of the property and the
tenant that the bill is delinquent.
(B) Notification shall be by first class mail to the address
provided to the township by the owner of the property and to the
billing address of the tenant, respectively.
(C) The property owner shall be responsible for the
delinquency, penalties and late fees accruing more than sixty
days after the initial notification of delinquency.
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(D) The township may file a lien against the property for
any delinquency, penalties and late fees that accrue after the
property owner becomes responsible for the ongoing delinquency
and the lien may be collected by action of assumpsit or as
provided under law for the filing and recovery of municipal
claims.
(E) Nothing in this paragraph shall be construed to require
a township to terminate service to a tenant. If the township is
prevented by court order from terminating service to a tenant,
the owner of the property shall also be liable for any service
which the township provides to the tenant during the first
ninety days after the tenant's bill first becomes due.
(iii) The township shall provide notice of the delinquency
and the amount and rate of penalties and late fees to the owner
of the property receiving the service, by first class mail, at
least twenty days prior to the filing of any municipal claim to
recover the delinquency, penalties and late fees.
* * *
Section 2. The addition of section 1601(c.1)(8) of the act
shall not be construed to invalidate any township ordinance,
resolution, rate or charge in effect, or any lien imposed, prior
to the effective date of this section.
Section 3. This act shall take effect in 60 days.
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