§ 837. Powers of neighborhood improvement district management association
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: February 20, 2001
Effective: February 20, 2001
73 P.S. § 837
§ 837. 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 1945,1 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:
(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.
(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.
(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.
(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.
(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).2 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.
(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.
(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:
(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.
(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.
Credits
2000, Dec. 20, P.L. 949, No. 130, § 7, effective in 60 days.
73 P.S. § 837, PA ST 73 P.S. § 837
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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