§ 13003. Emergency repairs.

289 words·~1 min read·/pa/title-11/chapter-130/13003

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.