Section 18107 - Powers of neighborhood improvement district management association(a)General powers.--AN NIDMA shall have, in addition to any other powers provided pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945, where the NIDMA is an authority or in addition to any other powers provided pursuant to the charter establishing a nonprofit development corporation or other nonprofit corporation where the NIDMA is a nonprofit development corporation or other nonprofit corporation, the power to: (1) Sue or be sued, implead or be impleaded, complain and defend in all courts.(2) Employ an executive director or administrator and any necessary supporting staff or contract for the provision of same.(3) Prepare planning or feasibility studies or contract for the preparation of same to determine needed capital improvements or administrative programs and services within the NID.(4) Make capital improvements or provide administrative programs and services within an NID.(5) Purchase, own, construct, renovate, develop, operate, rehabilitate, manage, sell and/or dispose of real property.(6) Contract with existing businesses within the NID.(7) Contract for the provision of products or services by the NIDMA to clients located inside and outside of the NID, including billing and collection of assessment fees by another NIDMA.(8) Appropriate and expend NID funds which would include any Federal, State or municipal funds received by the NIDMA. The funds shall be expended in accordance with any specific provisions contained in the municipal enabling ordinance establishing the NID and may be used: (i) To acquire by purchase or lease real or personal property to effectuate the purposes of this act, including making common improvements within the NID, including, but not limited to, sidewalks, retaining walls, street paving, parks, recreational equipment and facilities, open space, street lighting, parking lots, parking garages, trees and shrubbery, pedestrian walks, sewers, water lines, rest areas and the acquisition, rehabilitation or demolition of blighted buildings or comparable structures.(ii) To provide free or reduced-fee parking for customers of businesses within the NID, transportation-related expenditures, public relations programs, group advertising and NID maintenance and security services.(iii) To impose special assessment fees.(9) Solicit in-kind services or financial contributions from tax-exempt property owners within the NID in lieu of property assessment fees. This may include entering into voluntary multiyear agreements (VMAs) between the NIDMA and tax-exempt property owners located within an NID for the provision of same.(10) Impose liens on property for the nonpayment of property assessments. NIDs administered by nonprofit corporations would have any such liens filed by the municipal corporation.(11) Hire additional off-duty police officers or private security officers whose patrol area responsibilities would be limited to the geographical area incorporated within the designated NID service area and whose responsibility would be to support existing municipal and volunteer efforts aimed at reducing crime and improving security in the NID.(12) Designate a district advisory committee, referred to as the DAC, for each NID established within the municipality. Each DAC shall consist of an odd number of members, between five and nine, who shall be representative of the neighborhood's character, including, but not limited to, age, sex and cultural diversity.(b)Assessments.--(1) The NIDMA shall, upon approval by the governing body of the municipality, have the power to assess property owners within the NID a special property assessment fee. Revenues from the fee shall be accounted for and used by the NIDMA to make improvements and provide programs and services within the NID as authorized by this act. Where the district established is a BID, the NIDMA shall have the authority to exempt residential property owners from any special assessment fees levied.(2) Deleted by 2016, May 24, P.L. 220, No. 28, § 4, effective in 60 days [July 25, 2016].(3) All special property assessment fees shall be based upon the estimated cost of the programs, improvements or services to be provided in such NID as stated in the final plan under section 5(d). In no case shall the aggregate amount of all fees levied by the NIDMA during the year exceed the estimated cost of proposed programs, improvements and services for the year.(4) In the case of an NID which contains a combination of business, residential, industrial and/or institutional areas and uses, a weighted assessment may be instituted. In such case, the fee levied on property owners generally may be weighted higher for business, industrial or institutional properties than that levied on residential property owners, provided the basis for the calculation of the fee meets the rational nexus test.(5) The total costs of improvements, programs and administrative services provided by the NIDMA shall be assessed to all designated properties within the NID by one of the following methods: (i) An assessment determined by multiplying the total service and improvement costs by the ratio of the assessed value of the benefited property to the total assessed valuation of all designated benefited properties in the NID.(ii) An assessment upon the several properties in the NID in proportion to benefits as ascertained by viewers appointed in accordance with law.(iii) Any method that equitably apportions costs among benefiting properties.(iv) In the case of improvements benefiting properties abutting the NID by the front-foot method, with equitable adjustments for corner properties and other cases provided for in the municipal ordinance. Any property which cannot be equitably assessed by the front-foot method may be assessed by any of the above methods.(c)Payment.--The governing body may by ordinance authorize the payment of the assessment in equal annual or more frequent installments over such time and bearing interest at the rate specified in the municipal ordinance. If bonds have been issued and sold or notes or guarantees have been given or issued to provide for the cost of the services and improvements, the assessment in equal installments shall not be payable beyond the term for which the bonds, notes or guarantees are payable.(d)Liens.--(1) Notwithstanding the filing of the claims, all assessments which are made payable in installments shall constitute liens and encumbrances upon the respective benefited properties at the beginning of each calendar year, except as provided in subsection (c), and only in an amount equal to the sum of:(i) the annual or other installments becoming payable in such year, with interest and penalties, if any, thereon; and(ii) the total of all installments, with interest and penalties thereon, which became due during prior years and which remain due and unpaid at the beginning of the current year.(2) In the case of default in the payment of any installment and interest for a period of 90 days after the payment becomes due, the assessment ordinance may provide either for the entire assessment, with accrued interest and penalties, to become due and become a lien from the due date of the installment or may provide solely for the enforcement of the claim as to the overdue installment, with interest and penalties, in which case the ordinance shall further provide that if any installment or portion thereof remains due and unpaid for one year after it has become due and payable, then the entire assessment with accrued interest and penalties shall become due and become a lien from the due date of the installment.(3) No action taken to enforce a claim for any installment or installments shall affect the status of any subsequent installment of the same assessment, each of which shall continue to become a lien upon the property annually pursuant to paragraph (1).(4) The ordinance may contain any other provision relating to installment assessments which is not inconsistent with applicable law.(5) Any owner of property against whom an assessment has been made may pay the assessment in full at any time, with accrued interest and costs thereon, and such a payment shall discharge the lien of the assessment or installments then constituting a lien and shall also release the claim to any later installments.(6) 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 collected in the same manner as municipal tax claims are filed and collected, notwithstanding the provisions of this section as to installment payments. 1998, Dec. 21, P.L. 1307, No. 174, § 7, effective in 60 days. Amended 2016, May 24, P.L. 220, No. 28, § 4, effective in 60 days [July 25, 2016].