11 Pa.C.S. Ch. 1

in effect

11 Pa.C.S. § 112A00 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "City administrator." The term includes a city administrator or a city manager. "Office of city administrator." The term includes an office of a city administrator or an office of a city manager.

11 Pa.C.S. § 112A01 Office of city administrator.

(a) Establishment.--Council may enact an ordinance by a majority vote of all the members of council establishing the office of city administrator. (b) Abolishment.--Council may enact an ordinance by a majority vote of all the members of council abolishing the office of city administrator.

11 Pa.C.S. § 112A02 Appointment of city administrator.

(a) Appointment.--In a city that has established an office of city administrator, council shall appoint an individual, partnership, limited partnership, an association or professional corporation to be city administrator. The appointment of a city administrator shall be by a majority vote of all the members of council. (b) Selection.--Council shall select a city administrator on the basis of executive and administrative qualifications, education and experience and may give special consideration to applicants with training and experience in municipal government operation. The city administrator shall serve at the pleasure of council, subject to contractual rights that may arise under an employment or professional services agreement that may be entered in accordance with section 112A03 (relating to employment or professional services agreement). (Mar. 28, 2024, P.L.9, No.3, eff. 60 days)

11 Pa.C.S. § 112A03 Employment or professional services agreement.

(a) Agreement.--Council may enter into an employment or professional services agreement with the city administrator. The agreement may set forth the terms and conditions of employment. The agreement shall remain in effect for a specified period terminating not later than two years after the effective date of the agreement or the date of the organizational meeting of council after the next municipal election, whichever is earlier. (b) Conditions.-- (1) An agreement under subsection (a) may specify conditions under which a city administrator may be entitled to severance compensation if the city administrator is an individual or payments for the termination of appointment if the city administrator is a partnership, limited partnership, an association or professional corporation. (2) An agreement under subsection (a) may not guarantee retention or employment through the term of the agreement or confer upon the city administrator any legal remedy based on specific performance. (3) An agreement under subsection (a), executed on or after a municipal election but before the first meeting in January the year after the municipal election, shall be void. (c) Status as public official.--The city administrator, if an individual, and, for a partnership, limited partnership, an association or professional corporation appointed as the city administrator, each officer and employee directly providing services as required or authorized by the agreement shall be considered a public official for purposes of the provisions of 65 Pa.C.S. § 1103 (relating to restricted activities). (Mar. 28, 2024, P.L.9, No.3, eff. 60 days) Cross References. Section 112A03 is referred to in section 112A02 of this title.

11 Pa.C.S. § 112A04 Residency and elective city office.

(a) Residence of city administrator who is an individual.--At the time an individual is appointed to fill the office of city administrator, the appointee does not have to be a resident of the city. After appointment, a city administrator who is an individual may reside outside the city only with the approval of council. (b) Incompatibility.--The city administrator may not hold any elective city office. In the case of a partnership, limited partnership, an association or professional corporation appointed as city administrator, the restriction under this subsection shall apply to all officers and employees who directly provide services as required or authorized by the agreement. (Mar. 28, 2024, P.L.9, No.3, eff. 60 days)

11 Pa.C.S. § 112A05 Powers and duties.

(a) Powers and duties generally.--Council may, by ordinance, vest in the city administrator powers and duties relating to the general management of city business and to the enforcement of city ordinances and regulations. Nothing in this section shall be construed to diminish the powers granted to other city officers by law. (b) Specific powers.--The powers and duties conferred upon a city administrator by council may include the following: (1) Appointment as chief administrative officer of the city, responsible to council for the proper and efficient administration of the affairs of the city. (2) Directing and supervising the administration of all departments and functions of the city, except as otherwise provided by law. (3) Except as otherwise provided by this chapter, appointing city employees on the basis of merit system principles and suspending, removing or otherwise disciplining employees, in accordance with the following: (i) The city administrator may make recommendations to council concerning appointments or removals at the department-head level. (ii) Before taking any action with regard to appointments or removals at the department-head level, the city administrator shall confer with council. (iii) Council shall confirm appointments or removals at the department-head level. (4) If the city administrator is an individual, designating a qualified administrative officer of the city to perform the city administrator's duties during the city administrator's temporary absence or disability. In the event the city administrator fails or is unable to make the designation or if the city administrator's absence or disability continues more than 30 days, council may, by resolution, appoint an officer of the city to perform the duties of the city administrator during the city administrator's absence or disability until the city administrator is able to return to work. (5) Negotiating contracts for the city, subject to the approval of council, making recommendations concerning the nature and location of municipal improvements and executing municipal improvements as determined by council. (6) Ensuring that all terms and conditions imposed in favor of the city or its residents in any law, franchise or contract are faithfully kept and performed and, upon knowledge of any violation, informing council. (7) Attending all meetings of council and participating in discussions with council. Nothing in this paragraph shall be construed to permit the city administrator to vote with council. (8) Recommending the adoption of measures to council as the city administrator may deem necessary or expedient, keeping council advised of the financial condition of the city and making reports to council as requested by council. (9) Investigating, at any time, the affairs of any officer or department of the city that is under the city administrator's jurisdiction. (10) Preparing and submitting the annual city budget for review and approval by council. The recommended budget and an enabling ordinance shall be submitted to council for its review not later than the last stated meeting in November of each year. The city administrator may include an explanatory comment or statement of the recommended budget. The recommended budget shall be in a form as required by law for city budgets and shall contain information explaining the various items of expenditure and revenue as may be required by council. (11) Performing other duties as may be designated by council by ordinance. (Mar. 28, 2024, P.L.9, No.3, eff. 60 days) 2024 Amendment. Act 3 amended subsec. (b)(4).

11 Pa.C.S. § 127A01 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Abatement." The removal, stoppage or destruction by any reasonable means of the cause or constitution of a public nuisance. "Department." The department designated by council to determine the existence of and to abate a public nuisance in accordance with this chapter. "Owner." With regard to the property on which the alleged public nuisance exists, the owner of record, based upon the city's real estate registry if the city maintains a registry or, if the city does not maintain a real estate registry on the tax assessment records of the city or of the county in which the city is located. The term may include any person in whom is vested all or any part of the legal or equitable title to the property or who has charge, care or control of the property as agent, executor, administrator, assignee, receiver, trustee, guardian, lessee or mortgagee in possession. "Property." Personal property or real property and any improvements to real property. "Public nuisance." (1) Conduct or property, or the condition or use of property, defined or declared to be a public nuisance under any provision of this part or other law. (2) Conduct or property, or the condition or use of property, if the department determines that it endangers the health or safety of, or causes hurt, harm, inconvenience, discomfort, damage or injury to, a person or property in the city by reason of the conduct or property or the condition or use of the property, being any of the following: (i) A menace, threat or hazard to the general health and safety of the community. (ii) A fire hazard. (iii) A building or structure that is unsafe for occupancy or use. (iv) Property that is so inadequately or insufficiently maintained that it diminishes or depreciates the enjoyment and use of other property in its immediate vicinity to the extent that it is harmful to the community in which the property is situated. (3) Unauthorized accumulations of garbage and rubbish and the unauthorized storage of abandoned or junked automobiles or other vehicles on private or public property, and the carrying on of any offensive manufacture or business. "Summary abatement." Abatement of a public nuisance by the city without prior notice to the owner of the property in accordance with this chapter.

11 Pa.C.S. § 127A02 Report and investigation of public nuisance.

(a) Designation of department.--Council shall designate the department to which reports of the existence of a possible public nuisance shall be made. (b) Criteria for investigating reports.--The department shall establish criteria for investigating reports to determine the existence of a public nuisance. The reports may be submitted by a member of the public, city employee or elected or appointed city official or result from inspections made by the department. (c) Notification.--If the department, either as a result of a report or an investigation, reasonably believes the reported property involves a building that appears to be structurally unsafe, the department shall notify the city's building inspector or other appropriate official who shall cause the property to be inspected, subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health) and submit a written report to the department. (d) Determination.--Upon completing its investigation and receiving any written reports required under subsection (c), the department shall determine all of the following: (1) If a public nuisance exists. (2) If the public nuisance is of such a severe and substantial nature that it presents a clear, immediate and substantial danger to public health or safety or to the health or safety of any occupant of a property on which a public nuisance exists or of any property in the vicinity of the public nuisance that it is sufficient to justify extraordinary and immediate action without prior notice to the owner of the property to avoid personal injury, death or substantial loss of property. (e) Retention of records.--Following an investigation, the department shall retain a copy of its findings, including any reports and any photographs of the property or condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F (relating to records). Cross References. Section 127A02 is referred to in sections 12321, 127A03, 127A04 of this title.

11 Pa.C.S. § 127A03 Summary abatement.

(a) General rule.--A city shall have the power to utilize summary abatement in accordance with this section. (b) Conditions.--In the case of a reported public nuisance, the department shall have authority to utilize summary abatement if all of the following occur: (1) The department determines the existence of the criteria in section 127A02(d) (relating to report and investigation of public nuisance). (2) The mayor or the mayor's designee provides express authorization to utilize summary abatement. (c) Notice not required.--If summary abatement is implemented pursuant to subsection (b), the department shall have the authority to enter upon the property for the purpose of abatement without prior notice to the owner of the property or to the holders of liens on the property. (d) Procedure.--The following shall apply: (1) Within 10 days following a summary abatement, the department shall post on the property upon which the abatement has occurred a notice describing the action taken to abate the nuisance. (2) Within 20 days following a summary abatement, the department shall determine the identity of the owner of the property by reference to the city's real estate registry if the city maintains a registry or, in the absence of a registry, by reference to county assessment records, and the identity of the holders of all liens upon the property which are properly indexed among the records of the county and provide to the owner and to all lienholders written notice, by first class mail or hand delivery, of the action taken to abate the nuisance. (3) Within 30 days following a summary abatement, the department shall file with the city treasurer or other financial officer of the city designated by council a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this chapter. After filing with the city treasurer, notice of the statement of costs shall be provided to the owner and lienholders in accordance with section 127A04(b) (relating to prior notice of abatement). Cross References. Section 127A03 is referred to in section 127A10 of this title.

11 Pa.C.S. § 127A04 Prior notice of abatement.

(a) Abatement authority.--The department shall have the authority to abate a public nuisance with prior notice as provided by this section if, after inspecting the property or condition reported to be a public nuisance, subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health), the department determines, as provided for in section 127A02(d)(1) (relating to report and investigation of public nuisance), that the public nuisance exists. (b) Method of notice.-- (1) If the department proceeds with abatement pursuant to this section, it shall identify the owner of the property by reference to the city's real estate registry if the city maintains a registry or, in the absence of a registry, by reference to county assessment records and shall immediately serve a written notice on the owner by any of the following methods: (i) Personal service. (ii) Leaving a copy of the notice at the place of residence or business of the owner or the address of the owner shown in the city's real estate registry or in the records in the office of the recorder of deeds. (iii) Mailing a copy by United States certified mail, return receipt requested, to the owner at the owner's current address shown in the city's real estate registry or in the records in the office of the recorder of deeds. (2) If service of the written notice is unable to be perfected by any of the methods under paragraph (1), the department shall publish a copy of the notice in a newspaper of general circulation once a week for two consecutive weeks and shall provide a copy of the notice to the individual in possession of the property on which the department has determined that the public nuisance exists, or, if there is no individual in possession of the property, the department shall post a copy of the notice at the structure, location or premises. (3) The department shall determine from the records in the offices of the recorder of deeds the identities of all lienholders of the property and serve a written notice on all lienholders by United States certified mail, return receipt requested. (c) Contents of notice.--The notice to the owner and lienholders shall state clearly and concisely the findings and determination of the department with respect to the existence of a public nuisance. The notice shall further state that the public nuisance shall be abated by the city at the expense of the owner unless it is otherwise abated within 30 days of the notice or within any extension of that period granted by the department. (d) Liability.--A person who is the owner of the premises, location or structure at the time a notice to abate a public nuisance is issued and served upon the person shall be responsible for complying with the notice and shall be liable for any costs incurred by the city in connection with the notice, notwithstanding if the person conveyed the person's interest in the property to another after the notice was issued and served. (e) Defense.--It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed. Cross References. Section 127A04 is referred to in sections 127A03, 127A05, 127A06, 127A10, 127A11 of this title.

11 Pa.C.S. § 127A05 Abatement by owner.

(a) Duty of owner.--Within 30 days after written notice has been provided pursuant to section 127A04(b)(1) or (2) (relating to prior notice of abatement), the owner shall remove and abate the nuisance. (b) Extension.--The department, upon written application by the owner within the 30-day period referred to in subsection (a), may grant additional time for the owner to effect the abatement of the public nuisance if the extension is limited to a specific time period.

11 Pa.C.S. § 127A06 Appeal after notice and hearing.

(a) Hearing.--A city shall, by ordinance, provide a procedure by which an owner of the property who has been served with a notice pursuant to section 127A04(b)(1) or (2) (relating to prior notice of abatement) may request and have a timely hearing on the question of whether a public nuisance, in fact, exists. (b) Appeal board.--Council, or a committee of three council members appointed by council, shall constitute the public nuisance appeals board which, if an appeal is taken, shall conduct the hearing on the question of whether a public nuisance, in fact, exists. The appeals board may uphold, amend or modify the determination of the department or extend the time for compliance with the department's order if the extension is limited to a specific time period. (c) Time limitations.--An appeal under this section shall suspend the period of time within which the nuisance is to be abated until a decision is rendered by the appeals board. Cross References. Section 127A06 is referred to in sections 127A07, 127A10 of this title.

11 Pa.C.S. § 127A07 Abatement by city after notice and statement of costs.

(a) Abatement by city after notice.--If a public nuisance has not been abated at the expiration of 30 days after notice has been provided or within additional time as the department or appeals board may grant, taking into consideration the provisions of section 127A06(c) (relating to appeal after notice and hearing), the department shall have the authority to enter upon the property for the purpose of abatement. (b) Statement of costs.--Upon abatement in accordance with this section, the department shall file with the city treasurer or other financial officer of the city designated by council a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this chapter.

11 Pa.C.S. § 127A08 Assistance in abatement.

In abating a public nuisance, the department may call upon any of the city departments or divisions for assistance, as shall be deemed necessary, or may abate the public nuisance by private contract.

11 Pa.C.S. § 127A09 Salvage of material.

If deemed practicable by the department, the department may salvage and sell at private or public sale any material derived from an abatement of a public nuisance. Pursuant to ordinance, all of the following shall apply to the proceeds obtained from the sale of any material salvaged as a result of an abatement: (1) The proceeds shall be deposited as directed by ordinance. (2) The proceeds may be applied against the amount of the costs, fees and penalties relating to the abatement. (3) If the amount of the proceeds exceeds the amount of the costs, fees and penalties, any excess shall be paid to the owner.

11 Pa.C.S. § 127A10 Notice of assessment and appeal of charges.

(a) Notice of assessment.--Upon receipt of the statement of costs from the department, either for a summary abatement pursuant to section 127A03 (relating to summary abatement) or for an abatement with notice pursuant to section 127A04 (relating to prior notice of abatement), the city treasurer or other financial officer of the city designated by council shall, in accordance with section 127A04(b), give notice of the amount set forth in the statement of costs to the owner and lienholders of the property upon which the public nuisance has been abated. The notice shall state that the city proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the designated officer within 20 days from the date of mailing the notice. (b) Lien.--Upon the expiration of the 20-day period if no written objections have been received by the officer, the total amount of costs, fees and penalties specified in the statement of costs may be entered as a lien against the property on which the nuisance was abated and shall be collected in the manner provided for the collection of municipal claims and liens, subject to rights of appeal provided in this section. (c) Administrative review.--If objections of the owner or a lienholder are received by the designated officer prior to the expiration of the 20-day period, the officer shall refer the matter to the department for administrative review. (d) Procedure.--The city shall, by ordinance, provide a procedure by which the department shall make a determination regarding any timely filed objection and by which an appeal of the department's determination may be made to the appeals board referred to in section 127A06(b) (relating to appeal after notice and hearing). (e) Final administrative decision.--The determination of the appeals board shall be a final administrative decision within the city. (f) Reduction or cancellation of assessment.--The department, in administrative review, or the appeals board, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this chapter: (1) The notice to remove the nuisance. (2) The work performed in abating the nuisance. (3) The computation of charges. (g) Elimination of civil penalty.--The department, in administrative review, or the appeals board, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the statement of costs if any of the following apply: (1) The current owner did not own the property at the time the notice required in section 127A04 was posted. (2) The owner did not receive the notice to remove the public nuisance, did not have knowledge of the public nuisance and could not, with the exercise of reasonable diligence, have had knowledge of the public nuisance. Cross References. Section 127A10 is referred to in section 127A11 of this title.

11 Pa.C.S. § 127A11 Personal liability of owner.

Notwithstanding the right of the city to utilize in rem proceedings to pursue collection of the costs, fees and penalties in the statement of costs as a municipal claim, the person who is the owner of the property at the time of a summary abatement at which the notice required is given, or, in the case of an abatement pursuant to section 127A04 (relating to prior notice of abatement), the person who was the owner of the property at the time notice of the existence of the public nuisance was given, shall be personally liable for the amount of the assessment, including all interest, other charges and, except as provided in section 127A10(g) (relating to notice of assessment and appeal of charges), civil penalties.

11 Pa.C.S. § 127A12 Administrative fee and civil penalties.

Whenever a public nuisance is abated by the city, the statement of the costs of the public nuisance shall include the city's actual cost of abatement, plus an administrative fee, not to exceed 10%, and a civil penalty. For the first abatement of a public nuisance upon any owner's property within the city in any two-year period, the civil penalty shall be $250. For second and subsequent abatements upon any properties of any owner within the city during any two-year period, the civil penalty shall be $500. The increased civil penalty shall be imposed and collected regardless of whether the second and subsequent public nuisances upon property or properties of an owner involve the same property or the public nuisances are of the same or different character.

11 Pa.C.S. § 141A01 Primacy of certain codes.

(a) Applicability.--The Pennsylvania Construction Code Act and the Uniform Construction Code adopted under section 301 of the Pennsylvania Construction Code Act shall apply to the construction, alteration, repair and occupancy of the buildings and structures within a city. (b) Construction.--This chapter and an ordinance, rule or regulation adopted under this chapter shall not supersede or abrogate the Pennsylvania Construction Code Act or the Uniform Construction Code and shall be construed and read in pari materia with them.

11 Pa.C.S. § 141A02 Changes in Uniform Construction Code.

A city may propose and enact an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code in accordance with and subject to the requirements of section 503 of the Pennsylvania Construction Code Act. An ordinance exceeding the provisions of the Uniform Construction Code must meet the standards provided in section 503(j)(2) of the Pennsylvania Construction Code Act.

11 Pa.C.S. § 141A03 Public nuisance.

A building, housing or property erected, altered, extended, reconstructed, removed or maintained contrary to a provision of an ordinance enacted for a purpose specified in this chapter may be reported in accordance with Chapter 127A (relating to nuisance abatement) to the department designated to determine whether a public nuisance exists. If a public nuisance is determined to exist, the public nuisance may be abated in accordance with that chapter, provided that a violation of the Uniform Construction Code or an ordinance that equals or exceeds the Uniform Construction Code is subject to: (1) The provisions of the Pennsylvania Construction Code Act. (2) The regulations adopted under that act by the Department of Labor and Industry relating to enforcement for noncompliance.

11 Pa.C.S. § 141A04 Property maintenance code.

(a) Enactment.--Notwithstanding the primacy of the Uniform Construction Code, a city may enact a property maintenance ordinance, including a standard or nationally recognized property maintenance code or a change or variation. In accordance with section 11018.13 (relating to standard or nationally recognized codes), the ordinance may, by reference, incorporate a standard or nationally recognized property maintenance code or a variation or change, published and printed in book form, without setting forth the text of the code in the ordinance. (b) Public availability.--The full text of the property maintenance code need not be published, but, in accordance with section 11018.9 (relating to publication of proposed ordinances), it shall be sufficient to publish a summary setting forth the provisions of the ordinance in reasonable detail and a reference to a place within the city where copies of the proposed ordinance may be examined. Not fewer than three copies of the proposed property maintenance code shall be made available to public inspection and use during business hours. Copies shall also be made available to an interested party in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or may be furnished or loaned without charge. (c) Violations.--A property maintenance code ordinance may provide for fines and penalties of not more than $1,000 or imprisonment for not more than 90 days, or both, for violations. The procedure set forth under this chapter relating to the enactment of the ordinance may be utilized in amending, supplementing or repealing any of the provisions of the ordinance. (d) Inspectors.--Council may appoint property maintenance inspectors who may, subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health), enter upon and inspect the premises at reasonable hours for the administration and enforcement of the city's property maintenance code or ordinance incorporating a standard or nationally recognized property maintenance code. A fee payable to a property maintenance inspector under the ordinance must be paid by the property maintenance inspector to the city treasurer for the use of the city as promptly as possible. (e) Additional remedies.--In addition to the penalties provided by the property maintenance ordinance, the city may institute an appropriate action or proceeding at law or in equity to prevent or restrain a property maintenance violation. (f) Relation to other acts.--The powers of a city as provided in this section shall be in addition to, but not limited to, the powers provided in: (1) The act of November 26, 2008 (P.L.1672, No.135), known as the Abandoned and Blighted Property Conservatorship Act. (2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight reclamation and revitalization). (3) 68 Pa.C.S. Ch. 21 (relating to land banks).

11 Pa.C.S. § 141A05 Reserved powers.

If, as a result of legislative action or final order of court for which the time for appeal has expired and no appeal has been taken or from which there is no pending appeal, the Uniform Construction Code or a replacement code is no longer applicable in a city, a city may: (1) Enact and enforce an ordinance to govern and regulate: (i) construction; (ii) reconstruction; (iii) alteration; (iv) extension; (v) repair; (vi) conversion; (vii) maintenance; (viii) occupation; (ix) sanitation; (x) ventilation; (xi) heating; (xii) egress; (xiii) lighting; (xiv) electric wiring; (xv) water supply; (xvi) toilet facilities; (xvii) drainage; (xviii) plumbing; (xix) fire prevention; (xx) fireproofing, including prescribing limitations under which only buildings of noncombustible material and fireproofed roofs are used in construction, erection or substantial reconstruction; (xxi) use and inspection of all buildings and housing or parts of buildings and housing, and the roofs, walls and foundations of the buildings and housing and all facilities and services in or about the buildings or housing constructed, erected, altered, designed or used, in whole or in part, for any use or occupancy; and (xxii) the sanitation and inspection of land appurtenant to the buildings and housing. (1.1) Combine or separately enact or combine the ordinances under paragraph (1) with the property maintenance code. (2) Require that, before any work of construction, reconstruction, alteration, extension, repair or conversion of a building begins, approval of the plans and specifications is secured. (3) Incorporate a standard or nationally recognized code or a variation or change, published and printed in book form, without incorporating the text of the code as provided in Subchapter A.1 of Chapter 110 (relating to ordinances). The ordinance may provide for fines and penalties of not more than $1,000 or imprisonment for not more than 90 days, or both, for violations. The procedure set forth under this chapter relating to the enactment of the ordinance may be utilized in amending, supplementing or repealing a provision of an ordinance that incorporates all or a part of a standard or nationally recognized code or a variation or change. (4) Appoint a building inspector, housing inspector, property maintenance inspector, fire prevention inspector, electrical inspector and plumbing inspector and fix inspectors' compensation. Subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health), the inspector may enter upon and inspect a premises at reasonable hours for the administration and enforcement of the city's enacted codes or ordinances incorporating standard or nationally recognized codes. A fee payable to an inspector under the ordinance shall be paid by the inspector to the city treasurer for the use of the city as promptly as possible. (5) In addition to the penalties provided by an ordinance, institute an appropriate action or proceeding at law or in equity to prevent or restrain the unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance or use or occupation of property located within the city, to restrain, correct or abate the violation and to prevent the use or occupancy of the building, housing or structure.

11 Pa.C.S. § 144A00 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Veterans' organization." An incorporated organization of veterans of the armed forces of the United States or an organization comprising veterans' parents or children.

11 Pa.C.S. § 144A01 Appropriations to veterans' organizations.

(a) Annual appropriation.--Council may make annual appropriations to veterans' organizations to aid in defraying the following expenses: (1) Expenses relating to Memorial Day and Veterans Day. (2) Other expenses, such as payment of rent of any building or rooms where the organization has its regular meetings. (b) Requirements.--Payments shall be made to defray actual expenses only. Before any payment is made, the veterans' organization receiving the payment shall submit verified accounts of its expenditures.

11 Pa.C.S. § 144A02 Rooms for meetings of veterans.

Council may provide to a veterans' organization, upon application of the organization, a facility in any public building of the city that is sufficient for periodic meetings of the organization.

11 Pa.C.S. § 144A11 Support of Pennsylvania National Guard units.

(a) Annual appropriation.--Council may appropriate annually a sum for the support, maintenance, discipline and training of any troop, company or similar unit of the Pennsylvania National Guard. If the units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization. (b) Condition.--Any money appropriated shall be paid by warrant drawn to the order of the commanding officer of the company, battalion, regiment or similar organization and conditioned upon certification by the Adjutant General of the Commonwealth to the city that the company has satisfactorily passed the annual inspection provided by law. (c) Use of funds.--The money appropriated shall be used and expended solely and exclusively for the support, maintenance, discipline and training of the company, battalion, regiment or similar organization. (d) Accounting required.--The commanding officer shall account, by proper vouchers to the city each year, for the expenditure of the money appropriated. No appropriation shall be made for any subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for. The accounts of the expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the independent auditor in the manner provided by this chapter for the audit of accounts of city money. Special Provisions in Appendix. See section 3(3)(vii) of Act 67 of 2015 in the appendix to this title for special provisions relating to continuation of prior law.

11 Pa.C.S. § 144A12 Assistance of armories.

(a) Assistance.--Council may appropriate money or convey land, either independently or in conjunction with any other political subdivision, to the Commonwealth for the following purposes: (1) To assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard. (2) To furnish water, sewer services, light or fuel free of cost to the Commonwealth for use in any armory of the Pennsylvania National Guard. (b) Council authority.--Council may do all things necessary to accomplish the purpose of this section.

11 Pa.C.S. § 144A13 Eminent domain for National Guard purposes.

Council may take, by right of eminent domain for the purpose of appropriating to itself for the use of the Pennsylvania National Guard, public lands, easements and public property in its possession or control and used or held by it for any other purpose. However, the right of eminent domain shall not be exercised as to any street or wharf. Cross References. Section 144A13 is referred to in section 12801 of this title.

11 Pa.C.S. § 144A14 Land for armory purposes.

(a) General rule.--Council may acquire, by purchase, gift or the right of eminent domain, any land for the use of the Pennsylvania National Guard and may convey lands so acquired to the Commonwealth in order to assist the State Armory Board in the erection of armories. (b) Limitations.--The power conferred by this section shall not be exercised to take any church property, graveyard or cemetery. (c) Lands outside city limits.--Lands within three miles outside the limits of the city may be acquired in accordance with this section for the use of the Pennsylvania National Guard. However, if the land outside the limits of the city is acquired by eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings). Cross References. Section 144A14 is referred to in section 12801 of this title.

11 Pa.C.S. § 144A21 Purchase of burial grounds for deceased servicepersons.

Council may appropriate money for and purchase plots of ground in any cemetery or burial ground within its respective city limits for the interment of deceased servicepersons: (1) who: (i) die within the city; or (ii) die beyond the city limits but had a legal residence within the city at the time of death; and (2) whose bodies are entitled to be buried by the county under the provisions of existing law.

11 Pa.C.S. § 144A22 Care of memorials.

(a) Council authority.--Council may take charge of, care for, maintain and keep in good order and repair, at the expense of the city, any soldier's monument, gun or carriage or similar memorial, if the memorial: (1) Is situate in the city. (2) Is not in the charge or care of any individual, body or organization. (3) Is not put up or placed by the Federal Government, the Commonwealth or the commissioners of the county or by the direction or authority of any other state. (b) Donations.--Council may receive money from any individual or organization and may expend the money for the benefit of memorials.

11 Pa.C.S. § 144A23 Memorial trees.

Council may provide for or authorize provision for memorial trees for residents of the city who died while in the military service of the United States or in consequence of that service. Council may make appropriations or accept contributions for this purpose. Trees shall bear some permanent indication of their purpose. Cross References. Section 144A23 is referred to in section 144A24 of this title.

11 Pa.C.S. § 144A24 Penalty for injury to memorial trees.

Any individual who willfully, maliciously or negligently destroys or injures any tree planted pursuant to section 144A23 (relating to memorial trees) commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $500, or to imprisonment for not more than three months, or both.

11 Pa.C.S. § 145A00 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Public improvement." The term includes, but is not limited to, the following: (1) The building, paving, grading, rebuilding, repaving and regrading of streets, sidewalks, curbs and gutters. (2) The creation, extension and renovation of water and sewerage collection, transmission, treatment and disposal systems. (3) The creation, extension and renovation of storm, surface and subsurface drainage systems. (4) The construction, reconstruction and repair of wharves and docks. (5) The installation of pipes, wires and conduits relating to city-supplied utility services. (6) The installation, maintenance or operation of lighting that services the streets and sidewalks within the city. (7) The planting, maintaining, trimming, transplanting, removal and protection of shade trees.

11 Pa.C.S. § 145A01 Authority to assess.

(a) Authority.--Unless otherwise provided for in this part, a city is authorized to assess all or any portion of the costs of a public improvement, including any related administrative fees, against any properties that are benefited by the public improvement. (b) Payment of costs.--Unless otherwise provided in this chapter, in addition to the authority to assess the cost of public improvements against properties benefited, a city may pay for the cost of public improvements, in whole or in part, from the city general fund or, if authorized, from a special city fund dedicated to that purpose. (c) Indebtedness.--If a city incurs indebtedness pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purposes of funding the cost and expense of making public improvements for which assessments are made in accordance with this chapter, payments made on the assessments must be applied to pay the debt service for the indebtedness incurred for funding the cost and expense of making the public improvements. Cross References. Section 145A01 is referred to in section 145A02 of this title.

11 Pa.C.S. § 145A02 Method of assessment.

(a) Ordinance.--In any case in which council elects to exercise the power to make assessments for a given public improvement as authorized in section 145A01 (relating to authority to assess), council shall, by ordinance and in conformity with this chapter, establish the method and procedure pursuant to which assessments shall be made. (b) Allocation of costs and expenses.--Council may, by ordinance, make the assessment by any means that results in fairly allocating all or a portion of the costs and expenses of the public improvement among all properties benefited by the improvement in reasonable proportion to the benefits conferred upon each property. The methods that may be used to make assessments in accordance with this subsection may include but are not limited to: (1) An equal assessment per front foot, lot, parcel, dwelling unit or square foot. (2) An assessment made by viewers. (c) Front foot method.--If the front foot method is used: (1) The cost to be collected shall be divided by the total number of linear feet of street frontage of all properties benefited. (2) The assessment against each property shall be that portion of the cost which is determined by multiplying the dividend under paragraph (1) by the number of linear feet for street frontage of that property. (3) In the case of corner or irregularly shaped lots or where special conditions exist, council shall have the power and its duty shall be to provide for an equitable adjustment, as necessary, to prevent an unjust or excessive assessment. (d) Assessment based on report of viewers.--In order to pay for all or a portion of the cost or expenses of a public improvement, council may determine to assess properties benefited based upon a report of viewers. Three disinterested persons shall be appointed by council as viewers. A majority of the viewers shall assess the cost against each property benefited in reasonable proportion to the benefits conferred upon each property. The viewers or a majority of them shall: (1) Make a report, in writing, which shall specify the amount assessed upon each property. (2) Present the report directly to council or file it with the city clerk as council directs.

11 Pa.C.S. § 145A03 Notice of assessment.

(a) Personal notice.--After the amounts to be assessed against the properties to be benefited by the public improvement have been calculated pursuant to the method and procedures as prescribed by ordinance, the city shall give personal notice of the assessment to the owner of each property that is being assessed. The notice shall also state that the owner has 30 days from receipt of the notice to appeal the assessment. (b) Assessment effective.--An assessment made pursuant to this chapter shall become effective 30 days after personal notice is given by any of the following means: (1) Personal service on the owner. (2) Certified mail, addressee only, return receipt requested, to the owner at the owner's last known address. (3) Posting notice at or upon the property after reasonable attempts to give personal notice pursuant to paragraphs (1) and (2) have failed. Cross References. Section 145A03 is referred to in section 145A08 of this title.

11 Pa.C.S. § 145A04 Appeals to court.

Within 30 days after receipt of the notice of assessment, an owner of property shall have the right to appeal the assessment to the court of common pleas in the county in which the assessed property is located. On appeal, unless the court finds fraud, mistake or illegality, the court shall be restricted to determining the following questions: (1) Whether the property assessed received any special benefits from the improvement. (2) Whether the assessment made exceeds the special benefits received.

11 Pa.C.S. § 145A05 Benefits and damages.

In any proceeding in which damages to property are being sought as a result of a public improvement for which an assessment of benefits has been made, the excess of damages over benefits, or the excess of benefits over damages, or nothing in case the benefits and damages are equal, shall be awarded to or assessed against the owner of land and property affected by the public improvement.

11 Pa.C.S. § 145A06 Return by city of assessments paid on property unlawfully assessed.

The following shall apply with regard to the return of payments made on an unlawful assessment: (1) If, after a timely appeal, a court makes a final determination that a property was unlawfully assessed or that the amount assessed exceeded, to a substantial amount, the benefits received by the property assessed from the public improvement, a city that received money in payment of the assessment shall repay the money in an amount as ordered by the court. (2) Within two years of receiving payment of an assessment, the city may repay the money voluntarily if the city determines that the assessment was made erroneously. (3) Repayments to property owners pursuant to paragraph (1) or (2) shall include interest from the date of payment of the unlawful or erroneous assessment at the rate of interest that is provided for in 53 Pa.C.S. § 8426 (relating to interest on overpayment).

11 Pa.C.S. § 145A07 Payment of assessments in installments.

(a) Authorization.--An ordinance providing for a public improvement, the expense of which is to be defrayed by an assessment against properties benefited by the public improvement, may authorize payment of the assessment in installments. The ordinance shall: (1) Set a time when the installment payments shall commence. (2) Specify the length of time over which the installments may be extended. The period during which installments may be paid shall not exceed the lesser of 10 years or the number of years equal to the period of maturity of the bonds issued to fund the public improvement. (3) Specify whether payments are to be made by equal annual or more frequent installments. (b) Interest rate.--The ordinance shall set forth the rate of interest for the installments, which shall not be more than 10% per year unless a bond is issued for the improvement, in which case the maximum interest rate on the installment payments shall be in accordance with section 9 of the Municipal Claim and Tax Lien Law. (c) Written agreement.--The city shall enter into a written installment agreement with each property owner that will pay the assessment in installments, subject to the requirements of the ordinance pertaining to the agreements and this chapter. (d) Installments not paid.--If any of the installments remain unpaid for 60 days after the installments have become due and payable: (1) The entire unpaid assessment, plus unpaid accrued interest and any costs, shall be due and payable. (2) The city may proceed to collect the installments by filing a lien in the same manner as municipal claims are filed under the Municipal Claim and Tax Lien Law or by instituting a civil action. (e) Advance payments.--Any property owner upon whom an assessment has been made may pay all or as many of the installments before they are due, with interest and costs, on or before the due date of the next installment. Cross References. Section 145A07 is referred to in section 145A08 of this title.

11 Pa.C.S. § 145A08 Collection of assessments.

(a) Authority.--Council shall have the power to authorize the city treasurer or other city official to collect assessments. (b) Procedure.--The following shall apply to the collection of assessments: (1) A city may collect an assessment that remains unpaid for 60 days after personal notice was given pursuant to section 145A03 (relating to notice of assessment) unless an installment agreement has been entered into pursuant to section 145A07 (relating to payment of assessments in installments). (2) An assessment made under this chapter may be collected in the same manner as municipal claims under the Municipal Claim and Tax Lien Law or by instituting a civil action against the owner of the property benefited. (3) Interest on an unpaid assessment shall begin to accrue from the time of completion of the improvement at a rate of 10% per year unless a bond is issued for the improvement, in which case the maximum interest rate shall be pursuant to section 9 of the Municipal Claim and Tax Lien Law. (4) If a property owner has two or more lots against which there is an assessment for the same improvement, all of the lots may be embraced in one claim. (5) Assessments, whether paid one time or by installments, shall be payable at the office of the city treasurer or any other place designated by ordinance.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026