§ 1202 — Specific powers
This text of Pennsylvania § 1202 (Specific powers) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Text
The powers of the borough shall be vested in the council. In the exercise of any specific powers involving the enactment of an ordinance or the making of any regulation, restriction or prohibition, the borough may provide for enforcement and penalties for violations. The specific powers of the borough shall include the following:
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The powers of the borough shall be vested in the council. In the exercise of any specific powers involving the enactment of an ordinance or the making of any regulation, restriction or prohibition, the borough may provide for enforcement and penalties for violations. The specific powers of the borough shall include the following:
(1) To prescribe reasonable fees for the services of the borough's officers and to enforce the payment of the fees. This paragraph shall not be applicable to the services rendered by borough police officers in responding to motor vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to prohibition of fees for police services).
(2) In the operation of its utilities, parking meters, parking lots, recreational facilities and other facilities and services, to make and regulate charges for them for general borough purposes.
(3) To impose fines and penalties, incurring partial or total forfeiture, or to remit the same.
(4) To prohibit and remove any nuisance or dangerous structure on public or private grounds, including, but not limited to, accumulations of garbage and rubbish, the storage of abandoned or junked automobiles and obstructions or nuisances in the streets of the borough. The borough may require the removal of any nuisance or dangerous structure by the owner or occupier of the grounds or remove the nuisance or dangerous structure itself and collect the cost of removal, together with a penalty of 10% of the cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or the borough may seek relief by bill in equity.
(5) To make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the borough.
(6) To make regulations respecting vaults, cesspools and drains.
(7) To make regulations relative to the accumulation of manure, compost and the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating to nutrient management and odor management).
(8) (Reserved).
(9) To the extent not otherwise prohibited by the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, to destroy dogs found at large contrary to laws of this Commonwealth, to prohibit or regulate, by ordinance, the running at large of dogs, cats or other pets and, in the enforcement of the regulations, to direct the seizure, detention or killing of dogs, cats or other pets, prescribing reasonable charges for their seizure and detention and to provide for their sale for the benefit of the borough in default of the redemption of the pet by its owners.
(10) To enact ordinances prohibiting or regulating the keeping or running at large of livestock and fowls and any other animals not covered in paragraph (9) and authorizing their seizure, detention or, in the case of unowned pigeons, humane destruction. The borough may prescribe reasonable charges for the seizure and detention of the animals and provide for their sale for the benefit of the borough in default of the redemption of the animals by their owners. Ordinances enacted under this paragraph shall not unreasonably interfere with any agricultural operation to the extent prohibited by applicable State law.
(11) To regulate the emission of smoke from chimneys, smokestacks and other sources to the extent the regulation is not otherwise prohibited by applicable Federal or State law. This paragraph shall not apply to locomotive smokestacks.
(12) To regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains, and the heights, grades, widths, slopes and their construction, and to prohibit the erection or construction of any building or other obstruction to the convenient use of the same.
(13) To prohibit or regulate the riding, driving, parking or other passage of any animal or vehicle over, along and across sidewalks. As used in this paragraph, the term "vehicle" shall include any device in, upon or by which any person or property may be transported. The term shall not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
(14) To adopt ordinances defining disorderly conduct or disturbing the peace within the limits of the borough and to provide for the imposition of penalties for the conduct in amounts, without limitation except as provided under this part, as council shall establish, and notwithstanding any laws of this Commonwealth upon disorderly conduct or disturbing the peace and the penalties.
(15) To adopt and enforce a construction code, a property maintenance code and a fire prevention code and exercise any additional reserved powers pursuant to Chapter 32A (relating to uniform construction code, property maintenance code and reserved powers).
(16) To prohibit and regulate the smoking or carrying of lighted cigarettes, cigars, pipes or matches and the use of matches or fire-producing devices. An ordinance enacted or regulation or resolution adopted under this paragraph shall not regulate smoking in a manner that conflicts with the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act.
(17) To provide for fireworks and inflammable articles as follows:
(i) To regulate and prohibit, by ordinance, the manufacture of fireworks or inflammable or dangerous articles.
(ii) To grant permits for supervised public displays of fireworks and adopt rules and regulations governing the displays.
(iii) To adopt, by ordinance, rules and regulations not inconsistent with State regulations relating to the storage of inflammable articles.
(iv) To impose, by ordinance, other safeguards concerning inflammable articles as may be necessary.
(18) To require and regulate the numbering of buildings and lots.
(19) To make regulations respecting partition fences and the foundations and party walls of buildings.
(20) To provide for the prohibition, licensing and regulation of business as follows:
(i) In addition to licensing in accordance with Chapter 29 (relating to licenses and license fees), to prohibit, license and regulate by ordinance the following:
(A) The carrying on of any manufacture, art, trade or business which may be noxious or offensive and prejudicial to the public health or safety of the inhabitants.
(B) The establishment and maintenance of junk yards, salvage yards and other places used and maintained for the collection, storage and disposal of used or second-hand goods and materials.
(C) With respect to marketplaces:
(I) regulate markets whether for individual use or for resale;
(II) purchase and own ground;
(III) erect, establish and maintain marketplaces for which purposes parts of a street or sidewalk may be temporarily used;
(IV) contract with a person or association of persons, companies or corporations for the erection, maintenance and regulation of marketplaces, on terms and conditions and in a manner, as the council may prescribe;
(V) provide and enforce suitable regulations respecting marketplaces;
(VI) provide for the payment of the cost or expense of marketplaces, either in whole or in part, out of the funds of the borough; and
(VII) levy and collect a suitable license fee from every person who may be authorized by council to occupy any portion of marketplaces or any portion of the streets or sidewalks for temporary market purposes.
(ii) Notwithstanding subparagraph (i), boroughs may prohibit, license and regulate businesses unless prohibited by law.
(iii) To issue licenses under the act of July 31, 1963 (P.L.410, No.217), entitled "An act regulating and licensing all sales at retail when such sales are advertised as 'Closing Out Sale,' 'Fire, Smoke or Water Damage Sale,' or 'Defunct Business Sale,' with exceptions; requiring filing of inventory and bond; and providing for appeals and penalties."
(21) To plan for and regulate the development of the borough by:
(i) establishing and maintaining uniform building lines upon any or all borough streets under applicable law; and
(ii) utilizing powers delegated by the Pennsylvania Municipalities Planning Code and other applicable laws by adopting zoning, subdivision and land use and development regulations.
(22) (i) To provide for the creation of a capital reserve fund for anticipated capital expenditures as follows:
(A) Create and maintain a separate capital reserve fund for anticipated legal capital expenditures. The money in the fund shall be used, from time to time, for the construction, purchase, replacement of or expansion of municipal buildings, equipment, machinery, motor vehicles or other capital assets of the borough and for no other purpose.
(B) Appropriate money from the general borough funds to be paid into the capital reserve fund or place in the fund any money received from the sale, lease or other disposition of any borough property or from any other source, unless received or acquired for a particular purpose. The fund shall be controlled, invested, reinvested and administered and the money expended for any of the purposes for which the fund is created in a manner as may be determined by council. The money in the fund, when invested, shall be invested in securities designated by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) as legal investments for sinking funds of municipalities.
(ii) This paragraph shall not be construed to limit the powers of the borough to the use of money in the capital reserve fund in making lawful capital expenditures.
(23) To create and maintain a separate operating reserve fund from which appropriations may be made to meet emergencies involving the health, safety and welfare of the residents of the borough, to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source, to counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services or to provide anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if, for a project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund. Council may annually make appropriations from the general fund to the operating reserve fund, but no appropriation may be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed 25% of the estimated revenues of the borough's general fund in the current fiscal year. The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 1316 (relating to investment of funds).
(24) To enter into agreements with other political subdivisions, in accordance with existing laws, in making joint purchases of materials, supplies or equipment and in performing governmental powers, duties and functions and in carrying into effect provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), and agreements with the proper authorities of municipal corporations, regional police or fire forces or other public safety or governmental entities created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A, either for mutual aid or assistance in police and fire protection or any other public safety services, or for the furnishing to or receiving from the municipal corporations or governmental entities police and fire protection or any other public safety services, and to make appropriations for public safety services. In connection with agreements for police or fire protection or any other public safety services, it shall not be necessary to advertise for bids or receive bonds as required for contracts under existing law. When an agreement has been entered into, the police, firefighters, fire police or any other public safety services of the employing municipal corporation or governmental entity shall have the powers and authority conferred by law on police, firefighters, fire police or any other public safety services in the territory of the municipal corporation which has contracted to secure the service.
(25) To make contracts of insurance, with any mutual or other fire insurance company, association or exchange, duly authorized by law to transact insurance business in this Commonwealth, on any building or property owned or leased by the borough.
(26) To provide for other insurance as follows:
(i) To appropriate an amount as may be necessary to secure insurance or compensation in accordance with Article VI of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, for:
(A) volunteer firefighters of companies duly recognized by the borough, by motion or resolution, killed or injured while going to, returning from or attending fires or while performing their duties as special fire police; and
(B) other borough employees as "employe" is defined in section 601 of the Workers' Compensation Act.
(ii) To make contracts of insurance with any insurance company, association or exchange authorized to transact business in this Commonwealth insuring borough employees or any class or classes of employees, or mayor and council or their dependents, under a policy or policies of insurance covering life, health, hospitalization, medical and surgical service or accident insurance.
(iii) To contract with an insurance company, granting annuities or pensions, for the pensioning of borough employees or any class or classes of employees, and to agree to pay part or all of the premiums or charges for carrying the contracts and to appropriate money from the borough treasury for those purposes.
(iv) To make contracts with any insurance company, association or exchange authorized to transact business in this Commonwealth to insure any public liability of the borough and to appropriate money from the borough treasury for that purpose.
(v) Nothing in this paragraph shall affect any contract, right or coverage of insurance vested or existing on July 16, 2012. Contract, as used in this paragraph, includes an annuity contract if the option to renew continues to provide the same rights to the annuitant that existed on July 16, 2012.
(27) To contract with a company owning, leasing or operating a light rail or similar transportation system, whether surface, elevated or underground, within the limits of the borough, for the acquisition, leasing or regulation of the franchises, properties, powers, duties and liabilities of the company for the purpose of providing public transportation. A contract may provide that the companies may make payments to the borough in lieu of the performance of certain duties or may include a provision that municipal consent shall not be granted to any other company for the same services covered by the contract. A contract may also provide, subject to any required approval by the Pennsylvania Public Utility Commission and consistent with the jurisdictional limits established under 49 U.S.C. (relating to transportation), for the laying, installation or removal of tracks or lines, to prevent the laying or installation of otherwise authorized tracks or lines or to change the route of any tracks or lines for the consideration and upon conditions as may be agreed upon. Council may acquire, maintain and operate any existing inclined plane passenger transportation facilities and may acquire or may establish vehicular feeder lines for those facilities.
(28) To do any of the following:
(i) Acquire land or buildings by purchase, gift, exchange or eminent domain.
(ii) Erect a building or lease land or buildings, within the borough limits, for community purposes or for public facilities such as comfort and waiting stations and drinking fountains.
(iii) Erect watering troughs.
(iv) Maintain the public facilities.
(v) Provide for the payment of the cost and maintenance of the items under this paragraph from the funds of the borough.
(29) To provide a lockup for the temporary detention of persons.
(30) To display the flag of the United States or of the Commonwealth, the official POW/MIA flag or the flag of any county, city, borough or other municipality in this Commonwealth on the public buildings or grounds and in public places of the borough.
(31) To provide for parking as follows:
(i) to acquire by lease, purchase or eminent domain any land that the council may deem necessary or desirable for the purpose of establishing and maintaining parking lots;
(ii) to regulate the use of parking lots;
(iii) to regulate parking and provide parking accommodations to promote the convenience and protection of the public; and
(iv) to establish or designate, at the discretion of the council, areas exclusively reserved for parking by handicapped individuals and to post signs regulating the areas.
The right to regulate the use of the lots shall include the right to impose fines and fees for violation of any law or ordinance regulating parking. Regulation of parking lots shall be consistent with 75 Pa.C.S. (relating to vehicles) and the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act.
(32) To acquire by purchase or by gift and to repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest and to make appropriations to nonprofit associations or corporations organized for the purpose of acquiring and maintaining historical properties. The appropriations shall only be used by the association or corporation for the acquisition, restoration and maintenance of the historical properties.
(33) To provide against all hazards of war, terrorism and other disasters and their consequences, and for those purposes to have the power of eminent domain, to cooperate with any other unit and agency of government, Federal, State or local in every lawful way for purposes of defense against the hazards of war and terrorism and to further provide against the hazards of manmade or natural disasters in conjunction with the powers applicable to boroughs in 35 Pa.C.S. Pt. V (relating to emergency management services).
(34) (i) To purchase vehicles and other equipment necessary for the towing of motor vehicles, tractors, trailers, recreational trailers and other vehicles from highways, roads, streets and public property of the borough.
(ii) To impose fees for towing if the towing equipment is used for the lawful removal of motor vehicles, tractors, trailers, recreational trailers and other vehicles from highways, roads, streets and public property of the borough.
(iii) To authorize or contract with commercial towers that agree to tow vehicles for a negotiated price as the official towers for the borough for the lawful removal of motor vehicles, tractors, trailers, recreational trailers and other vehicles from highways, roads, streets and public property of the borough in accordance with Federal and State law.
(iv) To impose fees in the same manner as authorized when the towing is performed with borough vehicles and equipment.
A commercial tower that agrees not to charge in excess of the negotiated price and is otherwise lawfully authorized to tow vehicles in accordance with Federal and State law shall be put on an official rotation list for the borough if council provides for a list. This paragraph shall apply only when the borough is requesting a vehicle to be towed. In all other cases, the owner or operator of a vehicle shall be permitted to select and pay for the tower.
(35) To purchase or contribute to the purchase of fire engines and fire apparatus, boats, rescue and lifesaving equipment and supplies for the use of the borough for fire, rescue and lifesaving services, including community ambulance service, and to appropriate money for fire companies and rescue units located within the borough, including for the construction, repair and maintenance of buildings for fire companies and rescue units, and to acquire land for those purposes. Appropriations may include funds to establish, equip, maintain and operate lawfully organized or incorporated fire training schools within the county or regional firefighters' associations or an entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A for the purpose of giving instruction and practical training in the prevention, control and fighting of fire and related fire department emergencies to the members of fire departments and volunteer fire companies in any municipal corporation within this Commonwealth. Annual appropriations may also be made to an ambulance service, or council may enter into contracts for use in providing community ambulance service.
(36) To appropriate money for the expense of municipal music.
(37) To accept, purchase and plant or contribute to the purchasing and planting of shade trees along the streets and sidewalks of the borough and to have the care, custody and control of shade trees pursuant to Chapter 27 (relating to recreation places, shade trees and forests).
(38) To appropriate money for the support of any incorporated hospital that is engaged in charitable work and extends treatment and medical attention to residents of the borough, but no appropriation shall exceed in any year the cost of free service extended to residents of the borough that is in excess of any amount paid by the Commonwealth towards free service.
(39) To appropriate money toward the maintenance and support of any medical center or hospital building and further appropriate from the funds toward the purchase and erection of medical or hospital facilities. When the total cost of the purchase or erection exceeds $100,000, it will necessitate approval by the appropriate health planning agency.
(40) To appropriate money annually for the expense of community nurse services to any nonprofit associations or corporations that provide community nursing services for the elderly and other needy persons, the control of communicable disease, the immunization of children, the operation of child health centers (Well-Baby Clinics), instructive visits to parents of new babies, beginning in the prenatal period, and family health guidance, including nutrition, detection and correction of defects all of which relate to the responsibilities of local boards of health.
(41) To appropriate in any year out of the general funds of the borough for the observance of holidays or centennials or other anniversaries or for borough celebrations or other civic projects or programs.
(42) To appropriate from borough funds money for the handling, storage and distribution of surplus foods obtained through either a Federal, State or local agency. All appropriations of money made by any borough for the handling, storage and distribution of surplus foods obtained through either a Federal, State or local agency are validated.
(43) To make appropriations to an industrial development agency.
(44) To appropriate money annually to any tourist promotion agency, as defined in the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act, to assist the agencies in carrying out tourist promotional activities.
(45) To appropriate money to assist any municipality or municipal airport authority to acquire, establish, operate and maintain any and all air navigation facilities lying either within or without the limits of the borough.
(46) To issue nondebt revenue bonds pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B to provide sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of municipal facilities, including water systems or facilities, sewers, sewer systems and sewage disposal systems or facilities, systems for the treatment or disposal of garbage and refuse, gas plants, gas distribution systems for its own municipal purposes, municipal gas distribution systems or municipal gas works, electric light or power plants or power distribution systems, aeronautical facilities, including, but not limited to, airports, terminals and hangars and park and recreational facilities and parking lots and facilities to be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of the facilities. Included in the cost of the issue may be any costs and expenses incident to construction and financing the facilities and selling and distributing the bonds.
(47) To offer rewards for the arrest and conviction of persons guilty of capital or other crimes within the borough.
(48) To appropriate funds for urban common carrier mass transportation purposes from current revenues and to make annual contributions to county departments of transportation or to urban common carrier mass transportation authorities to assist the departments or the authorities to meet costs of operation, maintenance, capital improvements and debt service and to enter into long-term agreements providing for the payment of the contributions.
(49) To undertake community development programs, including, but not limited to, urban renewal, public housing, model cities programs and neighborhood development projects.
(50) To sell to a nonprofit medical service corporation borough-owned:
(i) real property for its exclusive use as a site for a medical service facility; and
(ii) personal property for use at the medical service facility.
(51) To sell to a nonprofit housing corporation borough-owned:
(i) real property for its exclusive use for housing for the elderly; and
(ii) personal property for its use at the nonprofit housing corporation.
(52) To make grants annually to nonprofit art corporations for the conduct of their artistic and cultural activities. For the purposes of this paragraph, the term "nonprofit art corporation" shall mean a local arts council, commission or coordinating agency or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.
(53) To appropriate annually an amount toward a neighborhood crime watch program. Notwithstanding any other provision of law, no borough or official of a borough may become subject to contractual, tort or other liability as a result of having made an appropriation under this paragraph.
(54) To appropriate funds for programs that benefit senior citizens or make grants to civic organizations that represent senior citizens, provide services to senior citizens or of which its members are senior citizens.
(55) To appropriate money to nonprofit watershed associations for watersheds serving the borough. Appropriations may not be used to undertake litigation against any municipality or to seek redress against any individual landowner.
(56) To ensure that fire and emergency medical services are provided within the borough by the means and to the extent determined by the borough, including the appropriate financial and administrative assistance for these services. The borough shall consult with fire and emergency medical services providers to discuss the emergency services needs of the borough. The borough shall require any emergency services organization receiving borough funds to provide to the borough an annual itemized listing of all expenditures of these funds before the borough may consider budgeting additional funding to the organization.
(57) To appropriate money to the conservation district, as defined in the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, in which the borough is located.
(58) To require the owner, operator or superintendent of every mine, colliery or quarry located wholly or partially within the limits of the borough to furnish to the borough maps, plans and drawings of workings, excavations and surface support as the council may require. In the case of coal mines and collieries, the map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet and the tunnels and passages connecting with the workings or excavations. It shall show in degrees the general inclination of the strata, with any material deflection in the strata in the workings or excavations, and shall also show the tidal elevations of the bottom of every shaft, slope, tunnel and gangway and of any other point in the mine or on the surface where the elevation shall be deemed necessary by the borough. The map or plan shall show the number of the last survey on the gangways or the most advanced workings. Every owner, operator or superintendent of a mine, colliery or quarry shall update, at least once every three months, the pertinent maps, plans and drawings to reflect any extensions made in any mine, colliery or quarry during the three preceding months, except those made within 30 days immediately preceding the time of placing the extensions upon the map or drawing. A borough engineer, assistant or other person authorized by council may enter and survey any mine, colliery or quarry within the limits of the borough, at all reasonable times, but not so as to impede or obstruct the workings of the mine, colliery or quarry. The owner, operator or superintendent of the mine, colliery or quarry shall furnish the means necessary for the entry, survey and exit.
(59) To petition the court of common pleas for the appointment of viewers to assess the total cost of an improvement as set forth in Chapter 21A (relating to assessments and charges for public improvements). The viewers shall assess the total cost of the improvement, or so much of the cost as may be just and reasonable, upon the lands or properties peculiarly benefited.
(60) To authorize:
(i) any borough to purchase, own, use, operate and control any natural gas well or wells for the purpose of supplying natural gas for its own municipal purposes; and
(ii) a borough owning or operating a municipal gas distribution system on the effective date of this section to purchase, own, use, operate and control municipal gas distribution systems.
(61) To establish, by ordinance, and maintain a real estate registry for the purpose of procuring accurate information in reference to the ownership of real estate in the borough in a manner not inconsistent with the act of October 9, 2008 (P.L.1400, No.110), known as the Uniform Municipal Deed Registration Act. Council shall designate a person to have charge of the registry who shall cause to be made and carefully preserve all necessary books, maps and plans as may show the location and ownership of every lot, piece of real estate and subdivision of real estate. For purposes of establishing or maintaining the registry, the person in charge of the registry shall have access to public records without charge. Information contained within a real estate registry shall not affect the validity of any municipal claim or tax claim of the borough. Nothing in this paragraph shall prohibit a borough from requiring owners to provide information relevant to the enforcement of any borough ordinance in accordance with law.
(62) To manufacture, purchase or otherwise supply electricity pursuant to Chapter 24A (relating to manufacture and supply of electricity).
(63) To provide the following:
(i) telecommunications services to the extent that provision of services is not inconsistent with 66 Pa.C.S. Ch. 30 (relating to alternative form of regulation of telecommunications services); and
(ii) cable television services in a manner consistent with Federal law.
(64) To acquire, by purchase or condemnation, or to construct underground conduits within which electrical, communication and other types of wires shall be placed and, by ordinance and subject to approval by the Pennsylvania Public Utility Commission, to regulate the manner and terms and conditions of the use of any underground conduits. Council may define reasonable districts of the borough within which underground conduits shall be used for the placement of wires without the approval of the Pennsylvania Public Utility Commission. The powers reserved by this paragraph shall not be bartered away or surrendered by the borough.
(65) In addition to the remedies provided by law for the filing of liens for the collection of municipal claims, including, but not limited to, water rates, sewer rates and the removal of nuisances, to proceed for the recovery and collection of claims by action of assumpsit against the person or persons who were the owner or owners of the property at the time of the completion of the improvement or at the time the water or sewer rates or the cost of the removal of nuisances first became payable, notwithstanding the fact that there was a failure on the part of the borough or its agents to enter the municipal claim as a lien against the property assessed for the improvement, or for the furnishing of water or sewer services and for the removal of nuisances and for the recovery of which the action of assumpsit was brought. The action in assumpsit shall be commenced either within six years after the completion of the improvement from which the claim arises or within six years after the water or sewer rates or the cost of abating a nuisance first became payable.
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