§ 13002 — Construction by cities upon failure of owner and collection of cost

Pennsylvania § 13002

• Jurisdiction: Pennsylvania
• Title 11: CITIES
• Part: PART V
• Ch. 130: SIDEWALKS

Text

(a) General rule.--Upon failure of any owner of property abutting any street to construct, pave, curb, repave, recurb or maintain any sidewalk, in accordance with the notice required in subsection (f), the city, itself or by contract, may complete the construction, paving, curbing, repaving, recurbing or maintenance.

(b) Recoupment of costs.--A city may collect the following from an owner who has failed to complete the construction, paving, curbing, repaving, recurbing or maintenance of the sidewalk pursuant to notice to do so:

(1) Costs incurred by the city pursuant to subsection (a).

(2) A penalty of 10% of the costs.

(3) All charges and expenses.

(c) Liens upon the property.--The costs, penalties, charges and expenses provided for in subsection (b) shall be a lien upon the property for which the notice to construct, pave, curb, repave, recurb or maintain the sidewalk was given.

(d) Duration of the lien.--The lien shall exist from the time of the completion of the work, which shall be certified in accordance with section 11504 (relating to certifying commencement and completion of municipal improvements).

(e) Filing of the lien.--The lien may be filed and proceeded in as provided by law in the case of municipal liens or may be collected from the owner by action in assumpsit. Alternatively, the cost may be borne by the city, in whole or in part, and, if in part, the rest to be collected as provided by this section.

(f) Service of notice.--Notice of the lien shall be served upon one of the following:

(1) The owner of property to construct, pave, curb, repave, recurb or maintain a sidewalk, if that can be done within the county.

(2) If service cannot be made under paragraph (1), then notice may be served upon the owner's agent or the party in possession.

(3) If service cannot be made under paragraph (1) or (2), notice may be served by posting conspicuously upon the premises.

(g) Failure to comply.--Council may, by ordinance, provide that an owner shall be deemed to have failed to comply if the work is not completed within a specified period, which may be more but shall not be less than 45 days after the service or posting.