Second class township code, the




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Compiler's Note:  Section 9(2)(ii) of Act 167 of 2006 provided that section 3210 is repealed insofar as it is inconsistent with Act 167.

Compiler's Note:  Section 5 of Act 166 of 2006, which amended section 3210, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

 

ARTICLE XXXIII



COLLECTION OF ASSESSMENTS

 

Section 3301.  Assessments Collected by Tax Collector.--(a)  When any assessment for street lights, fire hydrant service, police protection or other service is implemented by the board of supervisors and charged to the tax collector for collection, assessments for the service shall be filed with the township tax collector. The tax collector shall give thirty days' notice that the assessments are due and payable. The notice shall state the due date to each party assessed and be served by mailing notice to the owner of the property. The tax collector is entitled to the same commission for the collection of these assessments as for the collection of the general township tax. If any assessment remains unpaid ninety days after the due date, it shall be turned over to the township solicitor for collection by means of an action in assumpsit for recovery or a municipal lien filed against the property of the delinquent owner for the amount of the unpaid assessment, plus interest established by the board of supervisors from the date the assessment was due. If an owner has two or more lots against which there is an assessment for the same year, the lots shall be embraced in one claim. Assessments, when collected, shall be paid over to the township treasurer, who shall deposit and keep them in a separate account, to be paid out only for expenses incurred in providing the service. Each special assessment account shall be audited by the board of auditors of the township.



(b)  When any assessment for refuse collection in special districts or other service is charged against the owners, occupants or tenants of property within the township, the collection of which is charged to the tax collector, the assessments for the service shall be filed with the tax collector. The tax collector shall give thirty days' notice that the assessments are due and payable. The notice shall state the due date to each party assessed and be served by mailing to the owner, occupant or tenant of the property. The tax collector is entitled to the same commission for the collection of these assessments as for the collection of the general township tax. If any assessment remains unpaid ninety days after the due date, it shall be turned over to the township solicitor for collection by action in assumpsit for the amount of the unpaid assessment, plus interest established by the board of supervisors from the date the assessment was due and all costs incurred in the collection of the assessment. Assessments, when collected, shall be paid over to the township treasurer, who shall deposit and keep them in a separate account, to be paid out only for expenses incurred in providing the service. Each special assessment account shall be audited by the board of auditors of the township.

Section 3302.  Assessments Collected by Township Treasurer.--(a)  When any assessment for construction, maintenance and repair of street, sewer, water, sidewalks, curbs or other service is implemented by the board of supervisors, the collection of which is not charged to the tax collector, the assessments for the service shall be filed with the township treasurer. The township treasurer shall give thirty days' notice that the assessments are due and payable. The notice shall state the due date to each party assessed and shall be served by mailing it to the owner of the property. If any assessment remains unpaid ninety days after the due date, it shall be turned over to the township solicitor for collection by means of an action in assumpsit for recovery or a municipal lien filed against the property of the delinquent owner for the amount of the unpaid assessment, plus interest established by the board of supervisors from the date the assessment was due. If an owner has two or more lots against which there is an assessment for the same year, the lots shall be embraced in one claim. Upon receipt of payment of assessments, the township treasurer shall deposit the assessments in a separate account, to be paid out only for expenses incurred in providing the service. Each special assessment account shall be audited by the board of auditors of the township.

(b)  When any assessment for refuse collection or other service is charged against the owners, occupants or tenants of property within the township, the collection of which is not charged to the tax collector, the assessments shall be filed with the township treasurer. The township treasurer shall give thirty days' notice that the assessments are due and payable. The notice shall state the due date to each party assessed and be served by mailing it to the owner, occupant or tenant of the property. If any assessment remains unpaid ninety days after the due date, it shall be turned over to the township solicitor for collection by action in assumpsit for the amount of the unpaid assessment, plus interest established by the board of supervisors from the date the assessment was due and all costs incurred in the collection of the assessment. Upon receipt of the assessments, the township treasurer shall deposit and keep them in a separate account, to be paid out only for expenses incurred in providing the service. Each special assessment account shall be audited by the board of auditors of the township.

Section 3303.  Installment Payments.--(a)  When any township authorizes the construction or acquisition of any sanitary sewer or system of sanitary sewers, or the improvement of any street or portion thereof, or the installation of curbing or sidewalks, or a water supply or water systems, and all or part of the cost is assessed against the properties benefited, improved or accommodated by the sewer or system of sewers, or curbing or sidewalks, or water supply, or abutting upon the street or portion thereof, the board of supervisors may authorize the payment of the assessment in equal annual or more frequent installments. The ordinance shall specify the length of time over which the installments may be extended and whether payments are to be made by annual or more frequent installments. Installments shall bear interest at a rate not to exceed six percent or a higher amount equal to the amount of interest on the indebtedness, if any, commencing at the time established by ordinance. If bonds have been issued and sold to provide for the payment of any street improvement, the assessments shall not be payable beyond the term for which the bonds are issued, and the expenses for the improvements and interest thereon to the first day when interest is payable on the bonds shall be taken as the cost of the improvement to be assessed on the property benefited.

(b)  Claims to secure the assessments shall be entered in the prothonotary's office of the county at the same time and in the same form and shall be collected in the same manner as municipal claims are filed and collected.

(c)  Assessments are payable to the township treasurer in quarterly, semi-annual or annual installments, with interest from the date from which interest is computed on the amount of the assessments.

(d)  If there is a default in the payment of any installment and interest for a period of sixty days after it becomes due, the entire assessment and accrued interest shall become due, and the township solicitor shall proceed to collect the assessment under the general laws relating to the collection of municipal claims.

(e)  Any owner of property against whom any assessment is made may pay the assessment in full, at any time, with interest and costs thereon to the due date of the next installment, and that payment shall discharge the lien.

 

ARTICLE XXXIV



EMINENT DOMAIN; ASSESSMENT OF

DAMAGES AND BENEFITS

 

Section 3401.  Scope of Article.--When the right of eminent domain or the ascertainment and assessment of damages and benefits in viewer proceedings is exercised by a township, the proceeding shall be as set forth in this article. In addition to any of the provisions of this act, all eminent domain proceedings shall conform to the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code."



Section 3402.  Restrictions as to Certain Property.--(a)  In addition to the restrictions made by other provisions of this act in particular cases, no township shall, except as provided in subsection (b), exercise the right of eminent domain against land now occupied by any building which was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States; or against the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army; or against the site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit. The Colonial and Revolutionary period is taken as ended on September 3, 1783.

(b)  The restriction on eminent domain provided in subsection (a) shall not apply:

(1)  if a township in a county of the second class A obtains a statement from the Pennsylvania Historical and Museum Commission or the historical society of the county where the land is situate certifying that the building or other structure, the existence of which would otherwise restrict the township from exercising the right of eminent domain, is not being maintained in a manner appropriate to an historical structure; and

(2)  if the purpose of the acquisition of the land and structures by a township in a county of the second class A is to ensure the preservation and maintenance of the historical site and structure sought to be protected by subsection (a).

Section 3403.  Value of Land or Property Not to be Assessed as Benefits.--In the appropriation of land or property for public use, other than for roads, it is not lawful to assess any portion of the damage done to or value of the land or property so appropriated against the other property adjoining or in the vicinity of the land or property so appropriated.

Section 3404.  Title Acquired.--When land or property is taken under eminent domain proceedings, other than for road purposes, or is acquired by gift, purchase or otherwise, the title obtained by the township is in fee simple. In particular instances, a different title may by agreement be acquired.

Section 3405.  Assessment of Damages and Benefits.--The damages may be paid in whole or in part by the township or may be assessed in whole or in part upon the property benefited. In the latter case, the viewers, having first determined the damages apart from the benefits, shall assess the total cost of the improvement, or so much thereof as may be just and reasonable, upon the properties peculiarly benefited, including in the assessment all parties for which damages have been allowed, and shall report the findings to the court. The total assessment for benefits shall not exceed the total damages awarded or agreed upon.

Section 3406.  Assessment Awards.--In proceedings to assess damages and benefits, if the land or property is both benefited and damaged by the improvements, the excess of damages over benefits or the excess of benefits over damages, or nothing if the benefits and damages are equal, shall be awarded to or assessed against the owner of land or property affected thereby.

Section 3407.  Assessments to Bear Interest.--All assessments for benefits and costs shall bear interest at six percent annually from the expiration of thirty days after they have been finally ascertained and shall be payable to the township treasurer.

 

ARTICLE XXXV



VIOLATION OF ACT GENERALLY

 

Section 3501.  Violation of Act Generally; Penalty.--Any township supervisor, elected or appointed township official or employe, roadmaster or contractor or any other person, including any corporation officer or employe, who violates any of the provisions of this act, other than those for which specific penalties are provided, or who fails to carry out the provisions of this act commits a summary offense. All fines collected for violation of this act shall be paid to the township treasurer and credited to the general township fund.



 

ARTICLE XXXVI

ACTIONS BY TOWNSHIPS

 

Section 3601.  Recovery of Municipal Claims.--(a)  In addition to the remedies under law for the filing of liens for the collection of municipal claims, a township may proceed for the recovery and collection of any municipal claim by action of assumpsit against the person who was the owner of the property when the improvement was completed, even if there was a failure on the part of the township or its agents to enter the municipal claim as a lien against the property assessed for the improvement, and for the recovery of which the action of assumpsit was brought.



(b)  Any action in assumpsit shall be commenced within three years after the completion of the improvement from which the claim arises.

 

ARTICLE XXXVII



REPEALS

 

Section 3701.  Repeals.--(a)  Nothing contained in this act revives any act, or part of any act, repealed by the act reenacted, amended or revised by this act.



(b)  The following additional acts or parts of acts are hereby repealed as respectively indicated:

Act of May 1, 1913 (P.L.155, No.104), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings," insofar as it relates to townships of the second class.

Act of May 10, 1923 (P.L.198, No.144), entitled "An act authorizing courts of quarter sessions to commit the care of certain burial grounds to the councils of boroughs, township commissioners and township supervisors of townships; and requiring boroughs and townships to pay the expenses in connection therewith," insofar as it relates to townships of the second class.

Act of June 22, 1931 (P.L.844, No.274), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania, or any department or division thereof, and counties, cities, boroughs, incorporated towns, townships, school districts, vocational school districts, and institution districts to make contracts of life, health, hospitalization, medical services, and accident policies for the benefit of employes thereof, and contracts for pensions for such employes; and providing for the payment of the cost thereof," insofar as it relates to townships of the second class.

Act of May 1, 1935 (P.L.124, No.47), entitled "An act authorizing the insurance of deposits of funds, of this Commonwealth and of the political subdivisions thereof, with the Federal Deposit Insurance Corporation or other similar agency; and prohibiting requiring further security for amounts so insured," insofar as it relates to townships of the second class.

Act of July 18, 1935 (P.L.1173, No.382), entitled "An act to prohibit discrimination on account of race, creed or color in employment under contracts for public buildings or public works," insofar as it relates to townships of the second class.

Act of March 16, 1937 (P.L.98, No.26), entitled "An act authorizing political subdivisions to stipulate in specifications, upon which contracts for the construction, alteration or repairs of any public work or improvement are entered into, the minimum wages to be paid to laborers and mechanics, and providing for the stipulation of penalties in such contracts where such minimum wage stipulations are violated, and for the recovery of such penalties, and their return in certain cases," insofar as it relates to townships of the second class.

(c)  All other acts and parts of acts inconsistent with this act are repealed.

(d)  This act does not repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities); nor any local or special law; nor any law relating to the Board of Commissioners of Navigation for the River Delaware and its navigable tributaries; nor the provisions of any law the enforcement of which is vested in the Department of Health or the Department of Environmental Resources; nor does this act repeal or modify any of the provisions of any statute amendatory of law in force at the time of the passage of this act or otherwise enacted at the session of the General Assembly of 1995, whether the acts were adopted before the passage of this act or after the passage of this act; nor does this act repeal any act, or part thereof, in force at the time of the passage of this act which is amended by any statute enacted at the session of the General Assembly of 1995.

DERIVATION TABLE

Prepared by Local Government Commission

Current through Printer's No. 1899

 

YEAR S ACT  P.L.             NEW CODE SEC.     OLD CODE SEC.



----------------             -------------     -------------

1933-0-0103-0069               101             101

1933-0-0103-0069               102             102

1933-0-0103-0069               103             103

1933-0-0103-0069               104             104

1933-0-0103-0069               105             105

1933-0-0103-0069               106             106

1933-0-0103-0069               107             107

1933-0-0103-0069               108             108

1933-0-0103-0069               109             110

1933-0-0103-0069               201             201

1933-0-0103-0069               202             226

1933-0-0103-0069               203             230

1933-0-0103-0069               204             213

1933-0-0103-0069               205             235

1933-0-0103-0069               206             240

1933-0-0103-0069               207(a)          201A

1933-0-0103-0069               207(b)          202A

1933-0-0103-0069               207(c)          203A

1933-0-0103-0069               301             301

1933-0-0103-0069               302             302

1933-0-0103-0069               303             303

1933-0-0103-0069               304             304

1933-0-0103-0069               305             306

1933-0-0103-0069               306             307

1933-0-0103-0069               307             308

1933-0-0103-0069               401             401

1933-0-0103-0069               402(a)-(c)      402

1933-0-0103-0069               402(d)-(e)      new

1933-0-0103-0069               403             410

1933-0-0103-0069               404(a)-(b)      411

1933-0-0103-0069               404(c)          new

1933-0-0103-0069               405(a)          412

1933-0-0103-0069               405(b)          413

1933-0-0103-0069               406             414

1933-0-0103-0069               407             420

1933-0-0103-0069               501             501

1933-0-0103-0069               502             502

1933-0-0103-0069               503             503

1933-0-0103-0069               601             510

1933-0-0103-0069               602(a)          511

1933-0-0103-0069               602(b)          511

1933-0-0103-0069               602(c)          new

1933-0-0103-0069               603             512

1933-0-0103-0069               604             new

1933-0-0103-0069               605(a)          513

1933-0-0103-0069               605(b)          513.1

1933-0-0103-0069               605(c)          new

1933-0-0103-0069               606             515

1933-0-0103-0069               607(1)-(4)      516(a)-(h)

1933-0-0103-0069               607(5)          518

1933-0-0103-0069               607(6)          new

1933-0-0103-0069               607(7)          516(i)

1933-0-0103-0069               701             new

1933-0-0103-0069               702             530

1933-0-0103-0069               703             531

1933-0-0103-0069               704             532

1933-0-0103-0069               705             new

1933-0-0103-0069               706             533

1933-0-0103-0069               707             534

1933-0-0103-0069               708             535

1933-0-0103-0069               801             new

1933-0-0103-0069               802             540

1933-0-0103-0069               803             540

1933-0-0103-0069               804             543

1933-0-0103-0069               901             545

1933-0-0103-0069               902(a)          545

1933-0-0103-0069               902(b)-(c)      new

1933-0-0103-0069               903             546

1933-0-0103-0069               904             547

1933-0-0103-0069               905             549

1933-0-0103-0069               906             550

1933-0-0103-0069               907             551

1933-0-0103-0069               908             552

1933-0-0103-0069               909             553

1933-0-0103-0069               910             554

1933-0-0103-0069               911             556

1933-0-0103-0069               912             559

1933-0-0103-0069               913             560

1933-0-0103-0069               914             561

1933-0-0103-0069               915             563

1933-0-0103-0069               916             564

1933-0-0103-0069               917(a)          702 XLV

1933-0-0103-0069               917(b)          new

1933-0-0103-0069               917(c)          702 XLV

1933-0-0103-0069               917(d)          702 XLV.1

1933-0-0103-0069              1001             570

1933-0-0103-0069              1002             575

1933-0-0103-0069              1101             580

1933-0-0103-0069              1102             581

1933-0-0103-0069              1103             582

1933-0-0103-0069              1201             585

1933-0-0103-0069              1202             586

1933-0-0103-0069              1203             587

1933-0-0103-0069              1301             599.1

1933-0-0103-0069              1401(a)          601

1933-0-0103-0069              1401(b)-(c)      602

1933-0-0103-0069              1401(d)          603

1933-0-0103-0069              1401(e)          604

1933-0-0103-0069              1401(f)          611(a)

1933-0-0103-0069              1402(a)-(c)      610

1933-0-0103-0069              1402(d)          611(b)

1933-0-0103-0069              1402(e)-(f)      611(c)

1933-0-0103-0069              1402(g)          612

1933-0-0103-0069              1402(h)-(i)      610

1933-0-0103-0069              1501             701 I

1933-0-0103-0069              1502             701 II

1933-0-0103-0069              1503(a)-(b)      701 II

1933-0-0103-0069              1503(c)-(e)      new

1933-0-0103-0069              1503(f)          701 III

1933-0-0103-0069              1504             701 II

1933-0-0103-0069              1505             702 intro. par.

1933-0-0103-0069              1506             702 LXII

1933-0-0103-0069              1507             702 XL

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