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Section 127A03 - Summary abatement

11 PA Cons Stat § 127A03 (2019) (N/A)
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(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.

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Section 127A03 - Summary abatement