Trial Engrossment of Amendment A06402 to House Bill 1823 P.N. 3020, Regular Session 2015-2016

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.--

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.

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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