reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 126 - Licenses and License Fees › Section 12650 - Regulation of parking lot and parking garage operators

§ 12650. Regulation of parking lot and parking garage operators.
(a) General rule.--
For the purpose of protecting the public, a city may enact suitable ordinances regulating the business of operating for-profit parking lots and for-profit parking garages within the city. Ordinances shall be consistent with 75 Pa.C.S. (relating to vehicles). A city may require for-profit parking lots and for-profit parking garages to reserve areas exclusively for parking by handicapped individuals. Nothing in this section shall be construed to limit the protections and prohibitions contained in section 202 of the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, and Federal and State rules and regulations implementing those acts. License and permit requirements may be imposed on for-profit parking lots and for-profit parking garages, and license or permit fees may be charged and collected from the operators of the parking lots and parking garages.
(b) Liability insurance.--
A city adopting a regulatory plan applicable to for-profit parking lots and for-profit parking garages shall have the authority to require that each operator maintain insurance from an insurer legally authorized to conduct business in this Commonwealth in amounts not less than that which are prescribed by council for the protection of the public from loss of or damage to the vehicles parked, stored or placed under the jurisdiction of the operator and against liability arising out of the ownership or use of the parking lot or parking garage.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 126 - Licenses and License Fees › Section 12651 - Farmers

§ 12651. Farmers.
A city may not levy or collect a license fee from a farmer upon sales of the farmer's own produce in or about the streets of the city. This section shall not restrict a city's power to regulate the conduct of a farmer's business.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 126 - Licenses and License Fees › Section 12653 - Persons taking orders by samples

§ 12653. Persons taking orders by samples.
A city may not levy or collect a license fee or mercantile tax upon a person taking orders for merchandise by sample from a dealer or merchant for persons who pay a license or mercantile tax at their primary places of business. Nothing in this section shall authorize a person to sell by retail to persons other than dealers or merchants without payment of a license or permit fee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 126 - Licenses and License Fees › Section 12654 - Commonwealth licenses

§ 12654. Commonwealth licenses.
This chapter shall not be construed to relieve a person from the duty of taking out a license or from the payment of any license tax or fee imposed or authorized by any other statute, nor shall any Commonwealth license tax or fee preempt the registration, licensure or regulatory powers of a city in accordance with this chapter, unless the preemption is expressly authorized.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127 - Real Estate Registry › Extra - Chapter Notes

Enactment.
Chapter 127 was added November 24, 2015, P.L.242, No.67, effective in 60 days.
Enactment.
Chapter 127A was added November 24, 2015, P.L.242, No.67, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A01 - Definitions

§ 127A01. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abatement."
The removal, stoppage or destruction by any reasonable means of the cause or constitution of a public nuisance.
"Department."
The department designated by council to determine the existence of and to abate a public nuisance in accordance with this chapter.
"Owner."
With regard to the property on which the alleged public nuisance exists, the owner of record, based upon the city's real estate registry if the city maintains a registry or, if the city does not maintain a real estate registry on the tax assessment records of the city or of the county in which the city is located. The term may include any person in whom is vested all or any part of the legal or equitable title to the property or who has charge, care or control of the property as agent, executor, administrator, assignee, receiver, trustee, guardian, lessee or mortgagee in possession.
"Property."
Personal property or real property and any improvements to real property.
"Public nuisance."
(1) Conduct or property, or the condition or use of property, defined or declared to be a public nuisance under any provision of this part or other law.
(2) Conduct or property, or the condition or use of property, if the department determines that it endangers the health or safety of, or causes hurt, harm, inconvenience, discomfort, damage or injury to, a person or property in the city by reason of the conduct or property or the condition or use of the property, being any of the following:
(i) A menace, threat or hazard to the general health and safety of the community.
(ii) A fire hazard.
(iii) A building or structure that is unsafe for occupancy or use.
(iv) Property that is so inadequately or insufficiently maintained that it diminishes or depreciates the enjoyment and use of other property in its immediate vicinity to the extent that it is harmful to the community in which the property is situated.
(3) Unauthorized accumulations of garbage and rubbish and the unauthorized storage of abandoned or junked automobiles or other vehicles on private or public property, and the carrying on of any offensive manufacture or business.
"Summary abatement." Abatement of a public nuisance by the city without prior notice to the owner of the property in accordance with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A02 - Report and investigation of public nuisance

§ 127A02. Report and investigation of public nuisance.
(a) Designation of department.--
Council shall designate the department to which reports of the existence of a possible public nuisance shall be made.
(b) Criteria for investigating reports.--
The department shall establish criteria for investigating reports to determine the existence of a public nuisance. The reports may be submitted by a member of the public, city employee or elected or appointed city official or result from inspections made by the department.
(c) Notification.--
If the department, either as a result of a report or an investigation, reasonably believes the reported property involves a building that appears to be structurally unsafe, the department shall notify the city's building inspector or other appropriate official who shall cause the property to be inspected, subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health) and submit a written report to the department.
(d) Determination.--
Upon completing its investigation and receiving any written reports required under subsection (c), the department shall determine all of the following:
(1) If a public nuisance exists.
(2) If the public nuisance is of such a severe and substantial nature that it presents a clear, immediate and substantial danger to public health or safety or to the health or safety of any occupant of a property on which a public nuisance exists or of any property in the vicinity of the public nuisance that it is sufficient to justify extraordinary and immediate action without prior notice to the owner of the property to avoid personal injury, death or substantial loss of property.
(e) Retention of records.--
Following an investigation, the department shall retain a copy of its findings, including any reports and any photographs of the property or condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F (relating to records).
Cross References. Section 127A02 is referred to in sections 12321, 127A03, 127A04 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A03 - Summary abatement

§ 127A03. Summary abatement.
(a) General rule.--
A city shall have the power to utilize summary abatement in accordance with this section.
(b) Conditions.--
In the case of a reported public nuisance, the department shall have authority to utilize summary abatement if all of the following occur:
(1) The department determines the existence of the criteria in section 127A02(d) (relating to report and investigation of public nuisance).
(2) The mayor or the mayor's designee provides express authorization to utilize summary abatement.
(c) Notice not required.--
If summary abatement is implemented pursuant to subsection (b), the department shall have the authority to enter upon the property for the purpose of abatement without prior notice to the owner of the property or to the holders of liens on the property.
(d) Procedure.--
The following shall apply:
(1) Within 10 days following a summary abatement, the department shall post on the property upon which the abatement has occurred a notice describing the action taken to abate the nuisance.
(2) Within 20 days following a summary abatement, the department shall determine the identity of the owner of the property by reference to the city's real estate registry if the city maintains a registry or, in the absence of a registry, by reference to county assessment records, and the identity of the holders of all liens upon the property which are properly indexed among the records of the county and provide to the owner and to all lienholders written notice, by first class mail or hand delivery, of the action taken to abate the nuisance.
(3) Within 30 days following a summary abatement, the department shall file with the city treasurer or other financial officer of the city designated by council a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this chapter. After filing with the city treasurer, notice of the statement of costs shall be provided to the owner and lienholders in accordance with section 127A04(b) (relating to prior notice of abatement).
Cross References. Section 127A03 is referred to in section 127A10 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A05 - Abatement by owner

§ 127A05. Abatement by owner.
(a) Duty of owner.--
Within 30 days after written notice has been provided pursuant to section 127A04(b)(1) or (2) (relating to prior notice of abatement), the owner shall remove and abate the nuisance.
(b) Extension.--
The department, upon written application by the owner within the 30-day period referred to in subsection (a), may grant additional time for the owner to effect the abatement of the public nuisance if the extension is limited to a specific time period.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A06 - Appeal after notice and hearing

§ 127A06. Appeal after notice and hearing.
(a) Hearing.--
A city shall, by ordinance, provide a procedure by which an owner of the property who has been served with a notice pursuant to section 127A04(b)(1) or (2) (relating to prior notice of abatement) may request and have a timely hearing on the question of whether a public nuisance, in fact, exists.
(b) Appeal board.--
Council, or a committee of three council members appointed by council, shall constitute the public nuisance appeals board which, if an appeal is taken, shall conduct the hearing on the question of whether a public nuisance, in fact, exists. The appeals board may uphold, amend or modify the determination of the department or extend the time for compliance with the department's order if the extension is limited to a specific time period.
(c) Time limitations.--
An appeal under this section shall suspend the period of time within which the nuisance is to be abated until a decision is rendered by the appeals board.
Cross References. Section 127A06 is referred to in sections 127A07, 127A10 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A07 - Abatement by city after notice and statement of costs

§ 127A07. Abatement by city after notice and statement of costs.
(a) Abatement by city after notice.--
If a public nuisance has not been abated at the expiration of 30 days after notice has been provided or within additional time as the department or appeals board may grant, taking into consideration the provisions of section 127A06(c) (relating to appeal after notice and hearing), the department shall have the authority to enter upon the property for the purpose of abatement.
(b) Statement of costs.--
Upon abatement in accordance with this section, the department shall file with the city treasurer or other financial officer of the city designated by council a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A08 - Assistance in abatement

§ 127A08. Assistance in abatement.
In abating a public nuisance, the department may call upon any of the city departments or divisions for assistance, as shall be deemed necessary, or may abate the public nuisance by private contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A09 - Salvage of material

§ 127A09. Salvage of material.
If deemed practicable by the department, the department may salvage and sell at private or public sale any material derived from an abatement of a public nuisance. Pursuant to ordinance, all of the following shall apply to the proceeds obtained from the sale of any material salvaged as a result of an abatement:
(1) The proceeds shall be deposited as directed by ordinance.
(2) The proceeds may be applied against the amount of the costs, fees and penalties relating to the abatement.
(3) If the amount of the proceeds exceeds the amount of the costs, fees and penalties, any excess shall be paid to the owner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A11 - Personal liability of owner

§ 127A11. Personal liability of owner.
Notwithstanding the right of the city to utilize in rem proceedings to pursue collection of the costs, fees and penalties in the statement of costs as a municipal claim, the person who is the owner of the property at the time of a summary abatement at which the notice required is given, or, in the case of an abatement pursuant to section 127A04 (relating to prior notice of abatement), the person who was the owner of the property at the time notice of the existence of the public nuisance was given, shall be personally liable for the amount of the assessment, including all interest, other charges and, except as provided in section 127A10(g) (relating to notice of assessment and appeal of charges), civil penalties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 127A - Nuisance Abatement › Section 127A12 - Administrative fee and civil penalties

§ 127A12. Administrative fee and civil penalties.
Whenever a public nuisance is abated by the city, the statement of the costs of the public nuisance shall include the city's actual cost of abatement, plus an administrative fee, not to exceed 10%, and a civil penalty. For the first abatement of a public nuisance upon any owner's property within the city in any two-year period, the civil penalty shall be $250. For second and subsequent abatements upon any properties of any owner within the city during any two-year period, the civil penalty shall be $500. The increased civil penalty shall be imposed and collected regardless of whether the second and subsequent public nuisances upon property or properties of an owner involve the same property or the public nuisances are of the same or different character.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 128 - Eminent Domain › Section 12801 - Exercise of eminent domain

§ 12801. Exercise of eminent domain.
(a) General rule.--
In addition to all other purposes for which a city may exercise the power of eminent domain as authorized by this part or by other laws of this Commonwealth and subject to the duty to provide just compensation, a city may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and property for any of the following public purposes:
(1) The laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets.
(2) The construction of bridges and the piers, abutments and approaches for bridges.
(3) The construction of slopes, embankments and storm water sewers, including storm water drains.
(4) The erection and extension of waterworks, wharves and docks, public buildings, public works, filtration plants, sewage systems, sewage treatment works, waste disposal plants, including disposal of garbage, ashes and other refuse materials and transfer facilities, gas plants, electric power and light plants, firehouses, hospitals, public auditoriums, memorial buildings, public transportation facilities, comfort stations, homeless shelters, waiting stations, communications facilities, drinking fountains, libraries and other public buildings and public works.
(5) The establishing of recreation places.
(6) The changing of watercourses.
(7) The acquisition of lands, easements and property for use of the Pennsylvania National Guard in accordance with sections 144A13 (relating to eminent domain for National Guard purposes) and 144A14 (relating to land for armory purposes).
(b) Eminent domain proceedings.--
Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain).
Cross References. Section 12801 is referred to in section 12960 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 128 - Eminent Domain › Section 12802 - Restrictions as to certain property

§ 12802. Restrictions as to certain property.
(a) General rule.--
In addition to the restrictions made by other provisions of this part in particular cases or by any other provision of law, no city shall exercise the right of eminent domain against:
(1) Land now occupied by any building which was used during the Colonial or Revolutionary period as a place of assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States.
(2) Land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army.
(3) The site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit.
(b) Colonial and Revolutionary period.--
The Colonial and Revolutionary period shall be deemed to have ended on September 3, 1783.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 128 - Eminent Domain › Section 12803 - Title acquired

§ 12803. Title acquired.
Except as otherwise provided by law, if land or other real or personal property is acquired by a city in eminent domain proceedings or is acquired by gift, purchase or otherwise, the title obtained by the city shall be in fee simple absolute or like absolute ownership unless the parties agree otherwise in writing and the agreement expressly appears in a recorded deed affecting any real property acquired by the city or in the notice of condemnation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 128 - Eminent Domain › Section 12824 - Assessment awards

§ 12824. Assessment awards.
In proceedings to assess damages and benefits, one of the following shall be awarded to or assessed against the owner of land and affected property:
(1) The excess of damages over benefits.
(2) The excess of benefits over damages.
(3) Nothing, if the benefits and damages are equal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12901 - Map of streets

§ 12901. Map of streets.
(a) General rule.--
Council may authorize and approve a comprehensive map of city streets, which may be part of an official map adopted in accordance with the Municipalities Planning Code.
(b) Amendment to comprehensive map.--
If council adopts a comprehensive map of city streets, any street subsequently laid out in accordance with this chapter shall be deemed an amendment to the comprehensive map.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12902 - Laying out streets

§ 12902. Laying out streets.
(a) General rule.--
A city may lay out streets by any of the following means:
(1) Identifying the street on a comprehensive map of city streets.
(2) Identifying the street in an amendment to the comprehensive map.
(3) Identifying the street in a recorded subdivision or land development plan.
(4) An ordinance laying out any area for future opening as a public street.
(b) Filing of ordinance.--
If, at the time of the enactment of an ordinance in accordance with subsection (a)(4), the lines of the laid-out street include property not subject to use as a public passageway, the ordinance shall be filed with the recorder of deeds of the county where the city is located.
(c) Indexing of ordinances.--
The recorder of deeds shall index the ordinance by the name of the city, the name of the property owner and, if applicable, the parcel number of the property through which the proposed street is laid out.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12903 - Effect of laying out street

§ 12903. Effect of laying out street.
With regard to land not previously used by the city as a passageway for public travel, the laying out and locating of a street in accordance with this chapter shall not in and of itself do any of the following:
(1) Authorize the entry upon or the appropriation of any property.
(2) Constitute the opening of any street or the taking or acceptance of any land.
(3) Obligate the city to improve or maintain the street or land.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12904 - Improvements within laid-out streets

§ 12904. Improvements within laid-out streets.
(a) General rule.--
No permit shall be issued for any building within the lines of any street laid out pursuant to this chapter.
(b) Damages.--
No person shall recover damages for the taking for public use of any building or improvements constructed within the lines of any street after the street has been included in the general plan or official map, and any building or improvement shall be removed at the expense of the owner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12915 - Power to open and alter streets

§ 12915. Power to open and alter streets.
(a) General rule.--
With regard to any street or any part of a street within city limits, a city may, with or without any petition of property owners, do any of the following:
(1) Open, widen, straighten, alter, extend and improve.
(2) Establish or reestablish the grades.
(3) Keep in order and repair and in safe passable condition.
(4) Vacate and discontinue when deemed expedient for the public good.
(5) With the approval of the Department of Transportation, vacate highways laid out by the Commonwealth within the city limits which have remained unopened for 30 years.
(b) Payment.--
A city may pay for any of the actions authorized in subsection (a), either in whole or in part, from the general revenues of the city.
Cross References. Section 12915 is referred to in section 12922 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12916 - Ordinances when no petition is presented

§ 12916. Ordinances when no petition is presented.
(a) General rule.--
An ordinance shall be enacted for the opening, widening, straightening, extending or vacating of any street without petition of property owners by the affirmative vote of a majority of the whole number of members of council, plus one.
(b) Enactment of ordinance.--
The following shall apply prior to the enactment of an ordinance pursuant to subsection (a):
(1) The expiration of 28 days from the date of its introduction.
(2) Prior to the end of the 28-day period in paragraph (1), copies of the ordinance shall be published in a newspaper of general circulation in the city once a week for three consecutive weeks immediately following the introduction of the ordinance.
(3) In case no newspaper is published in the city, the publication shall be in the same manner in one newspaper published in the county as required by section 10109 (relating to publication of notices).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12917 - Erection of improvements restricted

§ 12917. Erection of improvements restricted.
(a) General rule.--
Any ordinance widening or straightening any street shall fix the new line or lines.
(b) Conformation to new lines.--
The ordinance may require that no owner or builder shall erect any new building or rebuild or alter the front of any building already erected without making it conform to the new lines.
(c) Right of action.--
A landowner's right of action shall accrue only when the city actually enters on and occupies the land within the lines or the building is located or relocated to conform to the lines.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12918 - Petition for opening

§ 12918. Petition for opening.
(a) Presentment to council.--
A petition may be presented to council for the opening, widening, straightening, altering, extending, vacating, establishing or reestablishing of the grade of any street.
(b) Majority of property owners required.--
A petition made pursuant to this section shall be:
(1) Signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed improvement or vacation as fixed at the time of presentation of the petition.
(2) Verified by affidavit of one or more of the petitioners.
(c) Majority in interest.--
The majority in interest of owners of undivided interests in any piece of property shall be deemed as one person for the purposes of the petition.
Cross References. Section 12918 is referred to in section 12919 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12919 - Notice of petition

§ 12919. Notice of petition.
(a) General rule.--
After a petition has been presented in accordance with section 12918 (relating to petition for opening) and council has determined the adequacy of the petition, but before final enactment of any ordinance enacted pursuant to the petition, notice shall be published in a newspaper of general circulation once a week for three consecutive weeks as required by section 10109 (relating to publication of notices), and handbills shall be posted in conspicuous places along the line of the proposed improvement.
(b) Requirements.--
The notice and handbills shall state that:
(1) The petition for the improvement was signed by a majority, in interest and number, of the owners of property abutting the line of the proposed improvement.
(2) Any person interested may provide comments at a public hearing to be held at a date, time and place as stated in the published notice and handbills.
(c) Notice of determination to proceed.--
If, after a hearing, council determines to proceed with the consideration of an ordinance pursuant to the petition, it shall publish notice of the ordinance and incorporate reference to any maps or drawing, in accordance with Subchapter A.1 of Chapter 110 (relating to ordinances).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12922 - Assessment of damages and benefits

§ 12922. Assessment of damages and benefits.
If necessary, in any proceedings to exercise one of the powers given in section 12915 (relating to power to open and alter streets), viewers shall be appointed, damages awarded and benefits assessed as provided in 26 Pa.C.S. (relating to eminent domain) or as provided in this chapter for the assessment of benefits.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12930 - Power to grade, pave and macadamize

§ 12930. Power to grade, pave and macadamize.
(a) General rule.--
A city may grade, pave, macadamize or otherwise improve any street, and the sidewalks of the street when included as a part of the improvement, have them set with curbs and provide for drainage.
(b) Improvement.--
A city may provide for the following improvements of any street, in length, in the space between the curb, gutter or cartway and the property line:
(1) An original work or improvement.
(2) A change, repair, renewal or alteration in the street or curb.
(3) Parking spaces.
(4) Shade trees.
(5) Changing, altering, renewing, replanting, pruning or otherwise making improvements in an item listed under paragraph (1), (2), (3) or (4).
Cross References. Section 12930 is referred to in section 12931 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12931 - Payment of cost of improvement

§ 12931. Payment of cost of improvement.
(a) General rule.--
The costs and expenses of the improvements done under section 12930 (relating to power to grade, pave and macadamize) shall be paid, in whole or in part, by the city or by the owners of real estate bounding and abutting the improvement.
(b) Assessment.--
Cost and expense upon the abutting real estate shall be assessed in accordance with Chapter 145A (relating to assessments for public improvements).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12938 - Preparation of streets for paving or repairing

§ 12938. Preparation of streets for paving or repairing.
(a) General rule.--
Council may provide, by ordinance, for the laying, renewing and repairing of all gas, water, steam or other pipes or conduits in any street before the paving, repaving or repairing of the street and for making the necessary connections with the pipes.
(b) Sewer improvement.--
Council may provide for the necessary connections and branches leading into main or lateral sewers.
(c) Private utility companies.--
With regard to connections requiring extensions from sewers or from gas, water, steam or other pipes or conduits, council may not require private utility companies to make extensions beyond the inner line of the curbstone of the street unless it determines that it is necessary to do so as a sanitary measure.
(d) Recoupment of cost.--
If, after notice to all persons and owners affected of the necessity for the laying, renewing and repairing of gas, water, steam or other pipes or conduits in a street and the necessity of making necessary connections prior to the proposed paving, repaving or repairing of the street, there is a failure to comply, council may perform work and may collect the cost of paving, repaving or repairing of the pipes or conduits, with interest, from the persons and owners affected.
(e) Liens.--
The cost of the sewer connections shall be a first lien against the land for whose benefit the connections are made. A separate lien may be filed for the cost, or the sewer connection cost may be included in any lien filed for the cost of the street improvement, and the lien and the proceedings on the lien shall be as in the case of other municipal liens.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12939 - Highways in cities

§ 12939. Highways in cities.
(a) Power over highways.--
Powers, rights and duties given to a city over its streets shall extend to highways to the extent that the city is legally responsible for them, pursuant to agreement or otherwise.
(b) Damages.--
A city shall not be responsible for damages to property owners abutting a highway under subsection (a) for acts of the Commonwealth unless the city shall assume them under this chapter or the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12950 - Grade crossing

§ 12950. Grade crossing.
(a) Railroad crossings.--
A city constructing a street across a railroad shall construct the street above or below the grade of the railroad, unless permitted by the Pennsylvania Public Utility Commission to construct the street at grade.
(b) New construction.--
Any new construction of a street crossing a railroad or any vacation of any street crossing a railroad shall be constructed or vacated only in a manner consistent with the rules and regulations and under the jurisdiction of the Pennsylvania Public Utility Commission.
(c) Compensation to owners.--
The compensation for damages to the owners of adjacent property taken, injured or destroyed by the construction of a street crossing a railroad or any vacation of any street crossing a railroad shall be ascertained, fixed and paid according to 66 Pa.C.S. Pt. I (relating to public utility code).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12955 - Acquisition of unobstructed views

§ 12955. Acquisition of unobstructed views.
Any city may acquire, by purchase or by the right of eminent domain, a free and unobstructed view down and across lands located at or near intersections or curves of streets, railroads or railways to assure a free and unobstructed view in all directions at the intersections or curves and to prevent the use of the lands over and across which the view was acquired for any purpose or in any manner which may interfere with or obstruct the vision of any person traveling upon any street within the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12960 - Use of abutting lands for embankments, slopes, fills and culverts

§ 12960. Use of abutting lands for embankments, slopes, fills and culverts.
(a) General rule.--
In the grading of any street, a city may use so much of the lots and lands abutting on the street for the construction of embankments, slopes, fills and culverts as may be necessary for the completion of the improvement.
(b) Compensation.--
Compensation for damages, costs and expenses resulting from the use of lots and lands abutting on the street for the construction of embankments, slopes, fills and culverts shall be made in the same manner as compensation for using and occupying private lands for the grading of streets under section 12801 (relating to exercise of eminent domain).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12970 - Appropriation for connections with highways

§ 12970. Appropriation for connections with highways.
A city may, singly or jointly with other political subdivisions, appropriate money for the improvement of streets or roads beyond the limits of a city for the purpose of connecting improved streets in a city with a highway.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12985 - Maintenance of streets forming boundaries

§ 12985. Maintenance of streets forming boundaries.
(a) General rule.--
A street on the boundary line between a city and another municipal corporation shall be maintained jointly by the city and the other municipal corporation.
(b) Maintenance agreement.--
The officers of the city and the municipal corporation maintaining a street under subsection (a) shall enter into an agreement providing for the division of the cost of maintenance between the city and other municipal corporation.
(c) Refusal to participate.--
If a municipal corporation shall fail or refuse to enter into a contract under this section, the city or any taxpayer of the noncontracting municipal corporation may petition the court of common pleas of the county, setting forth the facts.
(d) Court decision.--
The court, after hearing of which notice shall be given to all parties interested as the court may direct, shall make an order directing the manner of the maintenance and the division of the cost of maintenance between the city and the other municipal corporation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12986 - Streets, the center line of which is the boundary between city and another municipal corporation

§ 12986. Streets, the center line of which is the boundary between city and another municipal corporation.
(a) General rule.--
A city may enter into a contract with a municipal corporation to provide for the grading, curbing, draining, paving and macadamizing of any street that constitutes the dividing line between the city and the municipal corporation.
(b) Supervision.--
The alterations and improvements shall be made under the supervision of the city or municipal corporation, or by contract let by the city or the municipal corporation, as may be provided for in the contract between the city and the municipal corporation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12988 - Streets more than half of whose width is within city

§ 12988. Streets more than half of whose width is within city.
(a) Authority to improve entire street.--
Whenever any street, more than one-half the width of which is within the limits of the city, shall divide the city from any other municipal corporation, the street may be improved by the city in the same manner as if the street were entirely located within the limits of the city.
(b) Assessment.--
The property, within or outside the city, that abuts the street and benefits from the improvements may, for a depth of 150 feet plus one-half the width of the street measured from its center line, be assessed for any and all municipal improvements to or on the street in the same manner as the property would be assessed under the provisions of this chapter if it were entirely located within the limits of the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 129 - Streets › Section 12989 - Assessment for improvements on property outside limits where street entirely within city

§ 12989. Assessment for improvements on property outside limits where street entirely within city.
Whenever any street, entirely within the limits of any city, shall divide the city from any other municipal corporation, the property on the side of the street, within or outside the city, that abuts the street and benefits from the improvement may, for a depth of 150 feet from its center line, be assessed for any and all municipal improvements to or on the streets on which the property abuts in the same manner as the property would be assessed under the provisions of this part if it were entirely located within the limits of the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 130 - Sidewalks › Section 13001 - Power to lay out and grade sidewalks and compel construction of sidewalks

§ 13001. Power to lay out and grade sidewalks and compel construction of sidewalks.
(a) General rule.--
Any city may lay out, ordain and establish sidewalks, curbs, gutters and drains along any street, and may, with or without petition, require owners of property abutting any street to construct, pave, curb, repave and recurb the sidewalks and keep the sidewalks in good repair along their property at grades and under regulations and specifications as council may provide.
(b) State highways.--
A city shall obtain written consent from the Department of Transportation if the highway is a State highway.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 130 - Sidewalks › Section 13002 - Construction by cities upon failure of owner and collection of cost

§ 13002. Construction by cities upon failure of owner and collection of cost.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 130 - Sidewalks › Section 13002.1 - Ordinances

§ 13002.1. Ordinances.
All reconstruction, repaving and recurbing of sidewalks may be included in the ordinance providing for the original construction, paving and curbing of sidewalks without the necessity for adopting a new ordinance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 130 - Sidewalks › Section 13003 - Emergency repairs

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 131 - Bridges › Section 13101 - Construction and maintenance of bridges

§ 13101. Construction and maintenance of bridges.
(a) General rule.--
Cities may locate, build and maintain bridges, wholly or partially within the city limits, along with the piers, abutments and approaches appurtenant to the bridges, to be used as public streets.
(b) Definition.--
As used in this chapter, the term "bridge" shall mean a structure built to span and provide passage over a valley, road, railroad track, private property, river, creek, stream or any other body of water or physical obstacle and shall include viaducts constructed from a series of spans or arches.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 131 - Bridges › Section 13102 - Ordinance for location of bridges

§ 13102. Ordinance for location of bridges.
(a) General rule.--
Cities may enact ordinances fixing the location and providing for the laying out and opening of the routes or locations for bridges, which shall be public streets.
(b) Procedure.--
The procedure for the laying out and opening of the routes or locations of bridges shall be the same as is provided by this chapter for the laying out and opening of streets.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 131 - Bridges › Section 13103 - Right to appropriate property

§ 13103. Right to appropriate property.
(a) Failure to agree on damages.--
A city that has not agreed with an owner regarding damages done, or likely to be done, by the erection of the bridge may take and appropriate the lands and property necessary to erect the bridge.
(b) Assessment of damages.--
The measure of damages for the taking and appropriation shall be assessed in the same manner and with like proceedings as provided for property taken, injured or destroyed under 26 Pa.C.S. (relating to eminent domain).