53 Pa. Stat. § 70101

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 70101 - Validating improvement assessments

Whenever heretofore the board of supervisors of any township of the second class of this Commonwealth has authorized by resolution the grading, curbing, guttering, paving, or macadamizing with concrete, brick, stone, or other suitable material of any public road, street, or thoroughfare, or portion thereof, either cartway, footwalk, or gutters and has caused such improvement to be made; and, in such resolution, has authorized the advertising for bids therefor and the assessment of benefits upon the property benefited thereby, and subsequent thereto, pursuant to a resolution passed after the passage and approval of the original resolution providing for the improvement, has authorized the entering into a contract for the said improvement with the Secretary of Highways of the Commonwealth of Pennsylvania, and with the general contractor who was the successful bidder with the Commonwealth for the construction of any portion of such roads, streets, or highways, without any advertising for bids on the part of the township, as provided for in the original resolution authorizing such improvement; and has subsequent thereto brought proceedings for the appointment of viewers to assess benefits for the said improvement against the property abutting along the line of improvement, in accordance with the provisions of the original resolution authorizing the said improvement, or has by resolution provided for the assessment against abutting property owners of benefits for such improvement; or whenever heretofore the board of supervisors of any township of the second class of this Commonwealth has required by resolution and caused to be made, graded, paved, curbed, or macadamized with brick, stone, or other suitable material or otherwise improved any property or public road, street, or thoroughfare, or part thereof, either cartway, footwalk, or gutter; or has covered or enclosed any watercourse or waterway in any street or thoroughfare so as to improve or extend and increase the driveway in any road, street, or thoroughfare; or has vacated, confined, paved, or altered the channel of any water course or waterway, or has caused any sewers whatsoever to be constructed within or without any such township; or has caused ornamental lights to be erected pursuant to any resolution; or has heretofore in accordance with existing law assessed a portion of the cost of such sewer as a sewage tax against property abutting along the line of said improvement on the side of said road, street, alley, or highway which is located outside the limits of the township, the owners of such property being given permission by the township to use such sewer, and such property not being then provided with sewer facilities; and has by resolution provided for the assessment against abutting property owners of benefits for such improvement, but owing to some defect in the petition, action of the board of supervisors, notice of publication, failure to make such improvement in accordance with the strict terms of any resolution, or any other proceeding or action necessary under existing laws to give jurisdiction to such board of supervisors; or because of noncompliance with existing laws as to the purchasing of materials and supplies or the awarding of contracts without advertising; or because the resolution itself or the official record book containing the same has been lost, mislaid, or destroyed; or such resolution has not been transcribed in the official record book; or because of irregularity or error in the appointment of viewers to assess benefits against property abutting along the line of improvement; or because of the neglect of viewers, appointed to assess damages and benefits caused or accruing as a result thereof, to file their report within time required by law for the filing thereof; or because of irregularity or error in the method or procedure taken for the ascertainment of the amount of benefits to such property; or because of any irregularity or error in the resolutions or passage or approval thereof authorizing the execution of the work, the contracting therefor, and the assessing of benefits therefor; or where the right of the board of viewers to assume jurisdiction and to act in assessing the properties benefited thereby is questioned; or because of any irregularity or error in the failing to bring the proceedings, for the assessment of benefits for such improvement, before the board of viewers within the time provided by law; or the failure to assess the benefits therefor in the manner now provided by law; or because of any irregularity or error in arriving at or determining the benefits assessed against any such property; or because of the failure to give notice, as required by law; or the time for filing a lien or making claim for such improvement has expired; or the claim has not been filed after notice to do so; or for any other reason the costs of such improvement or portion thereof were not or cannot be legally assessed upon the property bounding or abutting on the line of the improvement, or on the road, street, or part thereof improved; or owing to some defect in the statement of claim filed to secure the lien; or the failure of the township solicitor to file the lien in the court of common pleas, or to sign the name, or to have stamped thereon a facsimile signature of said solicitor or chief executive of the claimant for the costs of such improvement; or any error made in the name of the owner or owners of the abutting property along the line of the improvement, payment thereof cannot be enforced; or if the resolution of the township authorizing the construction of any improvement was in fact adopted before such township was legally empowered to make such assessments on property within or outside the limits of such township, if such improvement was actually constructed, and such assessments against property within or without the limits of such township made subsequent to the time when such township was legally empowered to levy such assessments, as was contemplated by the act or acts of General Assembly under which the improvement was attempted to be made, and statement of claim filed now, by this act, such improvement is made valid and binding; and also any statement of claim heretofore filed, if any, to secure the liens therefor is also made valid and binding; and the jurisdiction of any board of viewers, hereinbefore mentioned, to entertain such proceedings, and the assessments made pursuant to such proceedings against property within or without the limits of any such township shall be valid and binding; and the supervisors of such township may cause the property bounding or abutting along the line of the improvement, or on the road, street, or part thereof upon which the improvement has been made or is now being made to be assessed in the manner now provided by law, or by the board of viewers' proceedings in the manner, and at the rates, now provided by law, with such a portion of the costs of such improvement as is contemplated by the law under which the improvement was made, or attempted to be made, or is now being made; and all such benefits and all assessments heretofore made or determined are hereby ratified, confirmed, and validated; and any statement of claims heretofore filed, if any, to secure the liens therefor are also hereby ratified, confirmed, and validated. Such assessment or other assessment heretofore made or hereafter made in proceedings, now pending within the time limitations specified in this act, shall be lien upon the property assessed; and any lien heretofore filed for benefits assessed or for the cost of such improvement or any part thereof, although the report of the viewers assessing the same was not filed within the time required by law for the filing thereof, is hereby made valid and binding with the same force and effect as though such report was filed within the time required by law for filing the same. The lien shall date from the completion of the improvement for which the assessment is made, whether the work was completed through one or several operations or contracts, or from the date of filing the same; and shall remain a lien until fully paid and satisfied: Provided, That a writ of scire facias is issued to revive the same during every period of five (5) years after the lien is filed as hereinafter provided: And provided further, That this act shall not validate any lien against any property which has been conveyed to a bona fide purchaser thereof, subsequent to the expiration of the period prescribed by law for the filing of such liens and prior to the date of the filing thereof; or give the lien thus filed priority over any bona fide lien or liens filed, entered, or recorded, or which shall have otherwise attached subsequently to the time prescribed by law for the filing of such municipal lien and prior to the time of the filing thereof.

53 P.S. § 70101

1935, July 18, P.L. 1308, § 1. Editorially renumbered from 53 P.S. § 67601 in 1996.