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§ 13003. Emergency repairs

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 11 Pa.C.S.A. CitiesEffective: January 25, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 11 Pa.C.S.A. Cities
Part V. Third Class Cities (Refs & Annos)
Chapter 130. Sidewalks
Effective: January 25, 2016
11 Pa.C.S.A. § 13003
Formerly cited as PA ST 53 P.S. § 38003Formerly cited as PA ST 53 P.S. § 38004
§ 13003. Emergency repairs
(a) General rule.--Any city may make emergency repairs to sidewalks, within its corporate limits, if an officer or designated individual representing the department in charge of repairs to sidewalks upon inspection determines that a substantial and immediate danger exists to public health, safety and welfare.
(b) Written report.--The officer or individual shall prepare a written report of those conditions which shall be conclusive evidence of the existence of the emergency justifying the repair.
(c) Additional remedy for city.--This section is intended to provide an additional remedy for cities in connection with emergency repairs of sidewalks.
(d) Notice.--The following shall apply:
(1) A copy of the written report shall be served upon the abutting property owner, along with a notice to make emergency repairs to the sidewalk within 48 hours of service of the notice and report.
(2) The notice and copy of the report shall be served as provided in this chapter for constructing and maintaining sidewalks and curbs.
(3) The report shall expressly state that emergency repairs are required.
(4) If the owner fails to make the emergency repairs within the prescribed time, the city may make the emergency repairs to the sidewalk.
(e) Costs.--Upon the completion of any emergency repairs, the cost of the repairs shall be a charge against the owner of the abutting property and shall be a lien, until paid, upon the abutting property, provided that a claim is filed for the lien in accordance with the law providing for the filing and collection of municipal claims.
(f) Action in assumpsit.--The amount of the claim against the owner of the abutting property may also be collected from the owner by an action in assumpsit.

Credits

2015, Nov. 24, P.L. 242, No. 67, § 1, effective in 60 days [Jan. 25, 2016].
11 Pa.C.S.A. § 13003, PA ST 11 Pa.C.S.A. § 13003
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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