§ 5905. Emergency repairs.

278 words·~1 min read·/pa/title-73/chapter-59/5905

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

(a)General rule.-- A township may make emergency repairs to sidewalks within the township's corporate limits if an officer or designated individual representing the department or committee in charge of repairs to sidewalks upon inspection determines that a substantial and immediate danger exists to public health, safety and welfare.

(b)Report.-- The officer or individual shall prepare a written report of the conditions which shall be conclusive evidence of the existence of the emergency justifying the repair.

(c)Intent.-- This section is intended to provide an additional remedy for townships in connection with emergency repairs of sidewalks.

(d)Service.--

(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 under section 5903(d)(1) (relating to paving and curbing sidewalks).

(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 township may make the emergency repairs to the sidewalk.

(e)Cost.-- Upon the completion of 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)Collection.-- The amount of the claim against the owner of the abutting property may also be collected from the owner by an action in assumpsit.