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PENNSYLVANIA STATUTES
TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS
PART VI. BOROUGHS
CHAPTER 91. THE BOROUGH CODE
ARTICLE XII. CORPORATE POWERS
Date:
02/14/2014
Document:
§ 46202. Specific powers
The powers of the borough shall be vested in the borough council. In the exercise of any specific powers involving the enactment of an ordinance or the making of any regulation, restriction or prohibition, the borough may provide for enforcement and penalties for violations. The specific powers of the borough shall include the following:
(1) FEES FOR SERVICE OF OFFICERS. TO PRESCRIBE REASONABLE FEES FOR THE SERVICES OF THEIR OFFICERS AND TO ENFORCE THE PAYMENT OF THE SAME. THIS PARAGRAPH SHALL NOT BE APPLICABLE TO THE SERVICES RENDERED BY BOROUGH POLICE OFFICERS IN RESPONDING TO MOTOR VEHICLE ACCIDENTS PURSUANT TO 53 PA.C.S. § 1392 (RELATING TO PROHIBITION OF FEES FOR POLICE SERVICES).
(2) REGULATION OF CHARGES IN THE OPERATION OF ITS UTILITIES, PARKING METERS, PARKING LOTS, RECREATIONAL FACILITIES OR ITS OTHER FACILITIES AND SERVICES TO THE PUBLIC. IN THE OPERATION OF ITS UTILITIES, PARKING METERS, PARKING LOTS, RECREATIONAL FACILITIES, AND OTHER FACILITIES AND SERVICES, TO MAKE AND REGULATE CHARGES THEREFOR FOR GENERAL BOROUGH PURPOSES.
(3) FINES AND FORFEITURES. TO IMPOSE FINES AND PENALTIES, INCURRING PARTIAL OR TOTAL FORFEITURE, OR TO REMIT THE SAME.
(4) NUISANCES AND DANGEROUS STRUCTURES. TO PROHIBIT AND REMOVE ANY NUISANCE OR DANGEROUS STRUCTURE ON PUBLIC OR PRIVATE GROUNDS, INCLUDING BUT NOT LIMITED TO ACCUMULATIONS OF GARBAGE AND RUBBISH, THE STORAGE OF ABANDONED OR JUNKED AUTOMOBILES AND OBSTRUCTIONS OR NUISANCES IN THE STREETS OF THE BOROUGH. THE BOROUGH MAY REQUIRE THE REMOVAL OF ANY NUISANCE OR DANGEROUS STRUCTURE BY THE OWNER OR OCCUPIER OF THE GROUNDS, IN DEFAULT OF WHICH THE BOROUGH MAY CAUSE THE SAME TO BE DONE, AND COLLECT THE COST OF REMOVAL, TOGETHER WITH A PENALTY OF TEN PERCENT OF THE COST, IN THE MANNER PROVIDED BY LAW FOR THE COLLECTION OF MUNICIPAL CLAIMS, OR BY ACTION OF ASSUMPSIT, OR MAY SEEK RELIEF BY BILL IN EQUITY.
(5) HEALTH AND CLEANLINESS REGULATIONS. TO MAKE SUCH REGULATIONS AS MAY BE NECESSARY FOR THE HEALTH, SAFETY, MORALS, GENERAL WELFARE AND CLEANLINESS AND THE BEAUTY, CONVENIENCE, COMFORT AND SAFETY OF THE BOROUGH.
(6) Regulation of vaults, cesspools and drains. To make regulations respecting vaults, cesspools and drains.
(7) Manure and compost regulations. To make regulations relative to the accumulation of manure, compost and the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating to nutrient management and odor management).
(8) GARBAGE AND OTHER REFUSE MATERIAL.
(i) To individually or jointly with other municipal corporations pursuant to an agreement, prohibit accumulations of garbage or other refuse material upon public and private property and to make regulations for the care, removal and collection of garbage or other refuse material, including:
(A) To provide for the collection and imposition of reasonable fees and charges for the collection of garbage and other refuse material.
(B) To erect, operate and maintain refuse disposal or incineration facilities or sanitary landfills, either within or without the limits of the borough, or provide other means for the collection, destruction or removal of garbage and other refuse material, and provide for the payment of the cost or expense thereof, either in whole or in part, out of the funds of the borough.
(C) To purchase real estate for the purpose of erecting, operating and maintaining refuse disposal or incineration facilities or sanitary landfills, provided, however, that prior to any acquisition of property pursuant to this paragraph the borough shall, individually or jointly, as the case may be, obtain the approval of the court of common pleas for the location of the facilities or landfill after a hearing and subject to notice as the court shall require. If no objections are heard at the hearing, the court shall approve the location. If any objection is made, the court shall proceed to hear the matter and determine whether the location is a detriment to neighboring properties. The finding of the court shall be conclusive, but in no way shall adjudicate any question relating to damages for injury to property.
(D) To take and appropriate real estate for purposes of refuse disposals or incineration facilities or sanitary landfills in accordance with Article XV if a purchase price cannot first be agreed upon, provided, however, that no real estate located outside the limits of the borough, or outside the limits of the joint municipal corporations in the case of a joint effort, shall be taken and appropriated if the real estate currently contains or is being used for a refuse disposal or incineration facility or a sanitary landfill.
(ii) Regulations enacted pursuant to this section shall be consistent with the act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act," the act of July 28, 1988 (P.L. 556, No. 101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," and subject to any other necessary Federal or State approval.
(9) DOGS, CATS AND OTHER PETS. TO THE EXTENT NOT OTHERWISE PROHIBITED BY THE ACT OF DECEMBER 7, 1982 (P.L. 784, NO. 225), KNOWN AS THE "DOG LAW," TO DESTROY DOGS FOUND AT LARGE CONTRARY TO LAWS OF THE COMMONWEALTH; TO PROHIBIT OR REGULATE, BY ORDINANCE, THE RUNNING AT LARGE OF DOGS, CATS OR OTHER PETS, AND, IN THE ENFORCEMENT OF THE REGULATIONS, TO DIRECT THE KILLING OF DOGS, CATS OR OTHER PETS, OR THEIR SEIZURE AND DETENTION, PRESCRIBING REASONABLE CHARGES FOR THEIR SEIZURE AND DETENTION, AND TO PROVIDE FOR THEIR SALE FOR THE BENEFIT OF THE BOROUGH, IN DEFAULT OF THE REDEMPTION OF THE PET BY THEIR OWNERS.
(10) LIVESTOCK, FOWLS AND ALL OTHER ANIMALS. TO ENACT ORDINANCES PROHIBITING OR REGULATING THE KEEPING OR RUNNING AT LARGE OF LIVESTOCK AND FOWLS AND ANY OTHER ANIMALS NOT COVERED IN CLAUSE (9), AND AUTHORIZING THEIR SEIZURE, DETENTION, OR, IN THE CASE OF UNOWNED PIGEONS, HUMANE DESTRUCTION. THE BOROUGH MAY PRESCRIBE REASONABLE CHARGES FOR THE SEIZURE AND DETENTION OF THE ANIMALS AND PROVIDE FOR THEIR SALE FOR THE BENEFIT OF THE BOROUGH, IN DEFAULT OF THE REDEMPTION OF THE ANIMALS BY THEIR OWNERS. ORDINANCES ENACTED PURSUANT TO THIS CLAUSE SHALL NOT UNREASONABLY INTERFERE WITH ANY AGRICULTURAL OPERATION TO THE EXTENT PROHIBITED BY APPLICABLE STATE LAW.
(11) SMOKE REGULATIONS. TO REGULATE THE EMISSION OF SMOKE FROM CHIMNEYS, SMOKESTACKS AND OTHER SOURCES TO THE EXTENT THE REGULATION IS NOT OTHERWISE PROHIBITED BY APPLICABLE FEDERAL OR STATE LAW. THIS CLAUSE SHALL NOT APPLY TO LOCOMOTIVE SMOKESTACKS.
(12) STREET AND SEWER REGULATIONS; OBSTRUCTIONS. TO REGULATE THE STREETS, SEWERS, PUBLIC SQUARES, COMMON GROUNDS, SIDEWALKS, CURBS, GUTTERS, CULVERTS AND DRAINS, AND THE HEIGHTS, GRADES, WIDTHS, SLOPES AND THEIR CONSTRUCTION AND TO PROHIBIT THE ERECTION OR CONSTRUCTION OF ANY BUILDING OR OTHER OBSTRUCTION TO THE CONVENIENT USE OF THE SAME.
(13) RIDING OR DRIVING ON SIDEWALKS. TO PROHIBIT OR REGULATE THE RIDING, DRIVING, PARKING OR OTHER PASSAGE OF ANY ANIMAL OR VEHICLE, OVER, ALONG AND ACROSS SIDEWALKS. AS USED IN THIS PARAGRAPH, THE WORD "VEHICLE" SHALL INCLUDE ANY DEVICE IN, UPON OR BY WHICH ANY PERSON OR PROPERTY MAY BE TRANS-PORTED, BUT NOT A SELF-PROPELLED WHEELCHAIR OR AN ELECTRICAL MOBILITY DEVICE OPERATED BY AND DESIGNED FOR THE EXCLUSIVE USE OF A PERSON WITH A MOBILITY-RELATED DISABILITY.
(14) DISORDERLY CONDUCT; DISTURBANCE OF THE PEACE; ORDINANCES. TO ADOPT ORDINANCES DEFINING DIS-ORDERLY CONDUCT OR DISTURBING THE PEACE WITHIN THE LIMITS OF THE BOROUGH, AND TO PROVIDE FOR THE IMPOSITION OF PENALTIES FOR THE CONDUCT IN AMOUNTS, WITHOUT LIMITATION EXCEPT AS IN THIS ACT PROVIDED, AS COUNCIL SHALL ESTABLISH, AND NOTWITHSTANDING ANY STATUTES OF THE COMMONWEALTH UPON DISORDERLY CONDUCT OR DISTURBING THE PEACE AND THE PENALTIES THEREFOR.
(15) CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE, FIRE PREVENTION CODE AND RESERVED POWERS. TO ADOPT AND ENFORCE A CONSTRUCTION CODE, A PROPERTY MAINTENANCE CODE, A FIRE PREVENTION CODE AND EXERCISE ANY ADDITIONAL RESERVED POWERS PURSUANT TO ARTICLE XXXII-A.
(16) PROHIBITION OF FIRE PRODUCING DEVICES AND SMOKING. TO PROHIBIT AND REGULATE THE SMOKING OR CARRYING OF LIGHTED CIGARETTES, CIGARS, PIPES OR MATCHES, AND THE USE OF MATCHES OR FIRE-PRODUCING DEVICES. ANY ORDINANCE ENACTED OR REGULATION OR RESOLUTION ADOPTED UNDER THIS CLAUSE SHALL NOT REGULATE SMOKING IN A MANNER THAT CONFLICTS WITH THE ACT OF JUNE 13, 2008 (P.L. 182, NO. 27), KNOWN AS THE "CLEAN INDOOR AIR ACT."
(17) FIREWORKS AND INFLAMMABLE ARTICLES.
(i) To, by ordinance, regulate and prohibit the manufacture of fireworks or inflammable or dangerous articles.
(ii) To grant permits for supervised public displays of fireworks and adopt rules and regulations governing the dis-plays.
(iii) To, by ordinance, adopt rules and regulations not inconsistent with State regulations relating to the storage of inflammable articles.
(iv) To, by ordinance, impose other safeguards concerning inflammable articles as may be necessary.
(18) NUMBERING BUILDINGS.TO REQUIRE AND REGULATE THE NUMBERING OF BUILDINGS AND LOTS.
(19) PARTY WALL AND FENCE REGULATIONS. TO MAKE REGULATIONS RESPECTING PARTITION FENCES AND THE FOUNDATIONS AND PARTY WALLS OF BUILDINGS.
(20) PROHIBITION, LICENSING AND REGULATION OF BUSINESS.
(i) In addition to licensing in accordance with Article XXIX, council may prohibit, license and regulate by ordinance the following:
(A) Noxious and offensive businesses. Council may prohibit, within the borough, the carrying on of any manufac-ture, art, trade or business which may be noxious or offensive and therefore prejudicial to the public health or safety of the inhabitants.
(B) Junk yards. Council may prohibit, regulate and license the establishment and maintenance of junk yards, salvage yards and other places used and maintained for the collection, storage and disposal of used or second-hand goods and materials.
(C) Market places. Council may:
(I) regulate markets whether for individual use or for resale;
(II) purchase and own ground;
(III) erect, establish and maintain market places for which purposes parts of a street or sidewalk may be temporarily used;
(IV) contract with a person or association of persons, companies or corporations for the erection, maintenance and regulation of market places, on terms and conditions, and in a manner, as the council may prescribe;
(V) provide and enforce suitable regulations respecting market places;
(VI) provide for the payment of the cost or expense of market places, either in whole or in part, out of the funds of the borough; and
(VII) levy and collect a suitable license fee from every person who may be authorized by council to occupy any por-tion of market places, or any portion of the streets or sidewalks for temporary market purposes.
(ii) Notwithstanding the enumeration in subparagraph (i), boroughs may prohibit, license and regulate businesses unless prohibited by law.
(21) ZONING AND LAND USE REGULATIONS; BUILDING LINES. TO PLAN FOR AND REGULATE THE DEVELOPMENT OF THE BOROUGH BY:
(i) establishing and maintaining uniform building lines upon any or all borough streets pursuant to applicable law; and
(ii) utilizing powers delegated by the Pennsylvania Municipalities Planning Code, and other applicable laws by adopting zoning, subdivision and land use and development regulations.
(22) CREATION OF CAPITAL RESERVE FUND FOR ANTICIPATED CAPITAL EXPENDITURES. TO CREATE AND MAINTAIN A SEPARATE CAPITAL RESERVE FUND FOR ANTICIPATED LEGAL CAPITAL EXPENDITURES. THE MONEY IN THE FUND SHALL BE USED, FROM TIME TO TIME, FOR THE CONSTRUCTION, PURCHASE OR REPLACEMENT OF OR ADDITION TO MUNICIPAL BUILDINGS, EQUIPMENT, MACHINERY, MOTOR VEHICLES OR OTHER CAPITAL ASSETS OF THE BOROUGH AND FOR NO OTHER PURPOSE.
Council may appropriate moneys from the general borough funds to be paid into the capital reserve fund or place in the fund any moneys received from the sale, lease or other disposition of any borough property or from any other source, unless received or acquired for a particular purpose. The fund shall be controlled, invested, reinvested and administered and the moneys expended for any of the purposes for which the fund is created in a manner as may be determined by council. The money in the fund, when invested, shall be invested in securities designated by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) as legal investments for sinking funds of municipalities.
This clause shall not be construed to limit the powers of the borough to the use of moneys in the capital reserve fund in making lawful capital expenditures.
(23) OPERATING RESERVE FUND. TO CREATE AND MAINTAIN A SEPARATE OPERATING RESERVE FUND FROM WHICH APPROPRIATIONS MAY BE MADE TO MEET EMERGENCIES INVOLVING THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE BOROUGH, TO COUNTERBALANCE POTENTIAL BUDGET DEFICITS RESULTING FROM SHORTFALLS IN ANTICIPATED REVENUES OR PROGRAM RECEIPTS FROM WHATEVER SOURCE, OR TO PROVIDE ANTICIPATED OPERATING EXPENDITURES RELATED EITHER TO THE PLANNED GROWTH OF EXISTING PROJECTS OR PROGRAMS OR TO THE ESTABLISHMENT OF NEW PROJECTS OR PROGRAMS IF FOR A PROJECT OR PROGRAM APPROPRIATIONS HAVE BEEN MADE AND ALLOCATED TO A SEPARATE RESTRICTED ACCOUNT ESTABLISHED WITHIN THE OPERATING RESERVE FUND. COUNCIL MAY ANNUALLY MAKE APPROPRIATIONS FROM THE GENERAL FUND TO THE OPERATING RESERVE FUND, BUT NO APPROPRIATION SHALL BE MADE TO THE OPERATING RESERVE FUND IF THE EFFECT OF THE APPROPRIATION WOULD CAUSE THE FUND TO EXCEED FIVE PER CENTUM OF THE ESTIMATED REVENUES OF THE BOROUGH'S GENERAL FUND IN THE CURRENT FISCAL YEAR. THE OPERATING RESERVE FUND SHALL BE INVESTED, REINVESTED AND ADMINISTERED IN A MANNER CONSISTENT WITH THE PROVISIONS OF SECTION 1316 RELATING TO INVESTMENT OF FUNDS.
(24) Intergovernmental Cooperation. To enter into agreements with other political subdivisions, in accordance with existing laws, in making joint purchases of materials, supplies or equipment and in performing governmental powers, duties and functions and in carrying into effect provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergov-ernmental cooperation), and agreements with the proper authorities of municipal corporations, regional police or fire forces, or other public safety or governmental entities created by two or more municipal corporations pursuant to 53 Pa.C.S. Ch. 23 Subch. A, either for mutual aid or assistance in police and fire protection or any other public safety ser-vices, or for the furnishing to or, receiving from the municipal corporations or governmental entities, police and fire protection or any other public safety services, and to make appropriations for public safety services. In connection with agreements for police or fire protection or any other public safety services, it shall not be necessary to advertise for bids or receive bonds as required for contracts under existing law. When an agreement has been entered into, the police, firefighters, fire police or any other public safety services of the employing municipal corporation or govern-mental entity shall have all the powers and authority conferred by law on police, firefighters, fire police or any other public safety services in the territory of the municipal corporation which has contracted to secure the service.
(25) INSURANCE ON PROPERTY. TO MAKE CONTRACTS OF INSURANCE, WITH ANY MUTUAL OR OTHER FIRE IN-SURANCE COMPANY, ASSOCIATION OR EXCHANGE, DULY AUTHORIZED BY LAW TO TRANSACT INSURANCE BUSINESS IN THE COMMONWEALTH OF PENNSYLVANIA, ON ANY BUILDING OR PROPERTY OWNED OR LEASED BY THE BOROUGH.
(26) OTHER INSURANCE.
(i) Workers' compensation insurance. To appropriate an amount as may be necessary to secure insurance or com-pensation in accordance with Article VI of the act of June 2, 1915 (P.L. 736, No. 338), known as the "Workers' Com-pensation Act," for:
(A) volunteer fire fighters of companies duly recognized by the borough, by motion or resolution, killed or injured while going to, returning from, or attending fires, or while performing their duties as special fire police; and
(B) other borough employes as "employe" is defined in section 601 of the "Workers' Compensation Act."
(ii) Life and health insurance. To make contracts of insurance with any insurance company, association or exchange, authorized to transact business in the Commonwealth, insuring borough employes, or any class or classes of employes, or mayor and council, or their dependents, under a policy or policies of insurance covering life, health, hospitalization, medical and surgical service or accident insurance.
(iii) Pension contracts. To contract with an insurance company, granting annuities or pensions, for the pensioning of borough employes, or any class, or classes of employes, and to agree to pay part or all of the premiums or charges for carrying the contracts, and to appropriate moneys from the borough treasury for such purposes.
(iv) Liability insurance. To make contracts with any insurance company, association or exchange, authorized to transact business in this Commonwealth, insuring any public liability of the borough, and to appropriate moneys from the borough treasury for such purpose.
(v) Nothing in this clause shall affect any contract, right or coverage of insurance vested or existing on the effective date of this clause. Contract, as used in this clause, includes an annuity contract, provided that the option to renew continues to provide the same rights to the annuitant that existed on the effective date of this clause.
(27) PUBLIC TRANSPORTATION. TO CONTRACT WITH A COMPANY OWNING, LEASING OR OPERATING A LIGHT RAIL OR SIMILAR TRANSPORTATION SYSTEM, WHETHER SURFACE, ELEVATED OR UNDERGROUND, WITHIN THE LIMITS OF THE BOROUGH, FOR THE ACQUISITION, LEASING OR REGULATION OF THE FRANCHISES, PROPERTY, POWERS, DUTIES AND LIABILITIES OF THE COMPANY FOR THE PURPOSE OF PROVIDING PUBLIC TRANSPORTATION. A CONTRACT MAY PROVIDE THAT THE COMPANIES MAY MAKE PAYMENTS TO THE BOROUGH IN LIEU OF THE PERFORMANCE OF CERTAIN DUTIES OR MAY INCLUDE A PROVISION THAT MUNICIPAL CONSENT SHALL NOT BE GRANTED TO ANY OTHER COMPANY FOR THE SAME SERVICES COVERED BY THE CONTRACT. A CONTRACT MAY ALSO PROVIDE, SUBJECT TO ANY REQUIRED APPROVAL BY THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND CONSISTENT WITH THE JURISDICTIONAL LIMITS ESTABLISHED UNDER 49 U.S.C. (RELATING TO TRANSPORTATION), FOR THE LAYING, INSTALLATION OR REMOVAL OF TRACKS OR LINES, TO PREVENT THE LAYING OR INSTALLATION OF OTHERWISE AUTHORIZED TRACKS OR LINES, OR TO CHANGE THE ROUTE OF ANY TRACKS OR LINES, FOR THE CONSIDERATIONS AND UPON CONDITIONS AS MAY BE AGREED UPON. BOROUGH COUNCIL MAY ACQUIRE, MAINTAIN AND OPERATE ANY EXISTING INCLINED PLANE PASSENGER TRANSPORTATION FACILITIES AND MAY ACQUIRE OR MAY ESTABLISH VEHICULAR FEEDER LINES FOR THOSE FACILITIES.
(28) COMMUNITY BUILDINGS AND PUBLIC FACILITIES. TO ACQUIRE LAND OR BUILDINGS BY PURCHASE, GIFT, EX-CHANGE OR EMINENT DOMAIN, TO ERECT A BUILDING OR TO LEASE LAND OR BUILDINGS, WITHIN THE BOROUGH LIMITS, FOR COMMUNITY PURPOSES, OR FOR PUBLIC FACILITIES SUCH AS COMFORT AND WAITING STATIONS AND DRINKING FOUNTAINS, AND TO ERECT WATERING TROUGHS, AND TO MAINTAIN THE PUBLIC FACILITIES; TO PROVIDE FOR THE PAYMENT OF THEIR COST, AND THE EXPENSE OF THEIR MAINTENANCE EITHER IN WHOLE OR IN PART OUT OF THE FUNDS OF THE BOROUGH.
(29) LOCKUP. TO PROVIDE A LOCKUP FOR THE TEMPORARY DETENTION OF PERSONS.
(30) FLAGS. TO DISPLAY THE FLAG OF THE UNITED STATES OF AMERICA, OF THE COMMONWEALTH OF PENNSYL-VANIA, THE OFFICIAL POW/MIA FLAG OR THE FLAG OF ANY COUNTY, CITY, BOROUGH OR OTHER MUNICIPALITY IN THE STATE, ON THE PUBLIC BUILDINGS OR GROUNDS AND IN PUBLIC PLACES OF THE BOROUGH.
(31) PARKING LOTS. TO ACQUIRE BY LEASE, PURCHASE OR EMINENT DOMAIN ANY LAND WHICH THE BOROUGH COUNCIL MAY DEEM NECESSARY OR DESIRABLE FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING PARKING LOTS, AND TO REGULATE THE USE OF PARKING LOTS, AND TO REGULATE PARKING AND PROVIDE PARKING ACCOMMODATIONS SO AS TO PROMOTE THE CONVENIENCE AND PROTECTION OF THE PUBLIC AND TO ESTABLISH OR DESIGNATE, AT THE DISCRETION OF THE BOROUGH COUNCIL, AREAS EXCLUSIVELY RESERVED FOR PARKING BY HANDICAPPED INDIVIDUALS AND TO POST SIGNS REGULATING THE AREAS. THE RIGHT TO REGULATE THE USE OF THE LOTS SHALL INCLUDE THE RIGHT TO IMPOSE FINES AND FEES FOR VIOLATION OF ANY LAW OR ORDINANCE REGULATING PARKING. REGULATION OF PARKING LOTS SHALL BE CONSISTENT WITH 75 PA.C.S (RELATING TO VEHICLES) AND THE ACT OF OCTOBER 27, 1955 (P.L. 744, NO. 222), KNOWN AS THE "PENNSYLVANIA HUMAN RELATIONS ACT."
(32) HISTORICAL PROPERTY. TO ACQUIRE BY PURCHASE, OR BY GIFT, AND TO REPAIR, SUPERVISE, OPERATE AND MAINTAIN ANCIENT LANDMARKS, AND OTHER PROPERTY OF HISTORICAL OR ANTIQUARIAN INTEREST AND TO MAKE APPROPRIATIONS TO NONPROFIT ASSOCIATIONS OR CORPORATIONS ORGANIZED FOR THE PURPOSE OF ACQUIRING AND MAINTAINING HISTORICAL PROPERTIES. THE APPROPRIATIONS SHALL ONLY BE USED BY THE ASSOCIATION OR CORPORATION FOR THE ACQUISITION, RESTORATION AND MAINTENANCE OF THE HISTORICAL PROPERTIES.
(33) Provisions against hazards of war, terrorism and disasters. To provide against all hazards of war, terrorism and other disasters and their consequences; and for those purposes, to have the power of eminent domain, to cooperate with any other unit and agency of government, Federal, State or local, in every lawful way, for purposes of defense against the hazards of war and terrorism and to further provide against the hazards of manmade or natural disasters in conjunction with the powers applicable to boroughs in 35 Pa.C.S. Pt. V (relating to emergency management services).
(34) TOWING. TO PURCHASE VEHICLES AND OTHER EQUIPMENT NECESSARY FOR THE TOWING OF MOTOR VEHICLES, TRACTORS, TRAILERS, RECREATIONAL TRAILERS AND OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS, AND PUBLIC PROPERTY OF THE BOROUGH AND TO IMPOSE FEES FOR TOWING WHENEVER THE TOWING EQUIPMENT IS USED FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES, TRACTORS, TRAILERS, RECREATIONAL TRAILERS AND OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS, AND PUBLIC PROPERTY OF THE BOROUGH AND TO AUTHORIZE OR CONTRACT WITH COMMERCIAL TOWERS THAT AGREE TO TOW VEHICLES FOR A NEGOTIATED PRICE AS THE OFFICIAL TOWERS FOR THE BOROUGH FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES, TRACTORS, TRAILERS, RECREATIONAL TRAILERS AND OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS AND PUBLIC PROPERTY OF THE BOROUGH IN ACCORDANCE WITH FEDERAL AND STATE LAW AND TO IMPOSE FEES IN THE SAME MANNER AS HEREBY AUTHORIZED WHEN THE TOWING IS PERFORMED WITH BOROUGH VEHICLES AND EQUIPMENT. A COMMERCIAL TOWER THAT AGREES NOT TO CHARGE IN EXCESS OF THE NEGOTIATED PRICE AND IS OTHERWISE LAWFULLY AUTHORIZED TO TOW VEHICLES IN ACCORDANCE WITH FEDERAL AND STATE LAW, SHALL BE PUT ON AN OFFICIAL ROTATION LIST FOR THE BOROUGH IF BOROUGH COUNCIL PROVIDES FOR A LIST. THIS CLAUSE SHALL APPLY ONLY WHEN THE BOROUGH IS REQUESTING A VEHICLE TO BE TOWED. IN ALL OTHER CASES, THE OWNER OR OPERATOR OF A VEHICLE SHALL BE PERMITTED TO SELECT AND PAY FOR THE TOWER.
(35) FIRE, RESCUE AND LIFE SAVING APPARATUS AND BUILDINGS. To purchase, or contribute to the purchase of fire engines and fire apparatus, boats, rescue and life saving equipment and supplies for the use of the borough for fire, rescue and life saving services including community ambulance service. To appropriate money for fire companies and rescue units located within the borough including for the construction, repair and maintenance of buildings for fire companies and rescue units and to acquire land for those purposes. Appropriations may include funds to establish, equip, maintain and operate lawfully organized or incorporated fire training schools within the county or regional fire fighters' associations or an entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental coop-eration) for the purpose of giving instruction and practical training in the prevention, control and fighting of fire and related fire department emergencies to the members of fire departments and volunteer fire companies in any city, borough or town within this Commonwealth. Annual appropriations may also be made to an ambulance service, or borough council may enter into contracts for use in providing community ambulance service.
(36) MUNICIPAL MUSIC.TO APPROPRIATE MONEY FOR THE EXPENSE OF MUNICIPAL MUSIC.
(37) PURCHASE AND PLANTING OF TREES. TO ACCEPT, PURCHASE AND PLANT, OR CONTRIBUTE TO THE PURCHASING AND PLANTING OF SHADE TREES ALONG THE STREETS AND SIDEWALKS OF THE BOROUGH AND TO HAVE THE CARE, CUSTODY AND CONTROL OF SHADE TREES PURSUANT TO SUBDIVISION (B) OF ARTICLE XXVII.
(38) HOSPITAL APPROPRIATIONS. TO APPROPRIATE MONEYS FOR THE SUPPORT OF ANY INCORPORATED HOSPITAL WHICH IS ENGAGED IN CHARITABLE WORK AND EXTENDS TREATMENT AND MEDICAL ATTENTION TO RESIDENTS OF THE BOROUGH, BUT NO APPROPRIATION SHALL EXCEED IN ANY YEAR THE COST OF FREE SERVICE EXTENDED TO RESIDENTS OF THE BOROUGH WHICH IS IN EXCESS OF ANY AMOUNT PAID BY THE COMMONWEALTH TOWARDS FREE SERVICE.
(39) BUILDING HOSPITALS. TO APPROPRIATE MONEYS TOWARD THE MAINTENANCE AND SUPPORT OF ANY MEDICAL CENTER OR HOSPITAL BUILDING AND FURTHER APPROPRIATE FROM THE FUNDS TOWARD THE PURCHASE AND ERECTION OF MEDICAL OR HOSPITAL FACILITIES. WHERE THE TOTAL COST OF THE PURCHASE OR ERECTION EXCEEDS ONE HUNDRED THOUSAND DOLLARS ($ 100,000), IT WILL NECESSITATE APPROVAL BY THE APPROPRIATE HEALTH PLANNING AGENCY.
(40) COMMUNITY NURSE SERVICES. TO APPROPRIATE MONEY ANNUALLY FOR THE EXPENSE OF COMMUNITY NURSE SERVICES TO ANY NONPROFIT ASSOCIATIONS OR CORPORATIONS WHICH PROVIDE COMMUNITY NURSING SERVICES FOR THE ELDERLY AND OTHER NEEDY PERSONS, THE CONTROL OF COMMUNICABLE DISEASE, THE IMMUNIZATION OF CHILDREN, THE OPERATION OF CHILD HEALTH CENTERS (WELL-BABY CLINICS), INSTRUCTIVE VISITS TO PARENTS OF NEW BABIES, BEGINNING IN THE PRENATAL PERIOD, AND FAMILY HEALTH GUIDANCE, INCLUDING NUTRITION, DETECTION AND CORRECTION OF DEFECTS ALL OF WHICH RELATE TO THE RESPONSIBILITIES OF LOCAL BOARDS OF HEALTH.
(41) APPROPRIATION FOR CIVIC PURPOSES. TO APPROPRIATE, IN ANY YEAR OUT OF THE GENERAL FUNDS OF THE BOROUGH FOR THE OBSERVANCE OF HOLIDAYS OR CENTENNIALS OR OTHER ANNIVERSARIES OR FOR BOROUGH CEL-EBRATIONS OR OTHER CIVIC PROJECTS OR PROGRAMS.
(42) APPROPRIATIONS FOR HANDLING, STORAGE AND DISTRIBUTION OF SURPLUS FOODS. TO APPROPRIATE FROM BOROUGH FUNDS MONEYS FOR THE HANDLING, STORAGE AND DISTRIBUTION OF SURPLUS FOODS OBTAINED THROUGH EITHER A LOCAL, STATE OR FEDERAL AGENCY. ALL APPROPRIATIONS OF MONEYS HERETOFORE MADE BY ANY BOROUGH FOR THE HANDLING, STORAGE AND DISTRIBUTION OF SURPLUS FOODS OBTAINED THROUGH EITHER A LOCAL, STATE OR FEDERAL AGENCY ARE HEREBY VALIDATED.
(43) APPROPRIATIONS FOR INDUSTRIAL PROMOTIONS. TO MAKE APPROPRIATIONS TO AN INDUSTRIAL DEVELOP-MENT AGENCY.
(44) APPROPRIATIONS TO TOURIST PROMOTION AGENCIES. TO APPROPRIATE MONEY ANNUALLY, TO ANY "TOURIST PROMOTION AGENCY," AS DEFINED IN THE ACT OF JULY 4, 2008 (P.L. 621, NO. 50), KNOWN AS THE "TOURISM PROMOTION ACT," TO ASSIST THE AGENCIES IN CARRYING OUT TOURIST PROMOTIONAL ACTIVITIES.
(45) APPROPRIATING MONEY TO ASSIST MUNICIPALITIES AND MUNICIPAL AUTHORITIES FOR AIRPORTS. TO AP-PROPRIATE MONEYS TO ASSIST ANY MUNICIPALITY OR MUNICIPAL AIRPORT AUTHORITY TO ACQUIRE, ESTABLISH, OPERATE AND MAINTAIN ANY AND ALL AIR NAVIGATION FACILITIES LYING EITHER WITHIN OR WITHOUT THE LIMITS OF THE BOROUGH.
(46) NON-DEBT REVENUE BONDS. TO ISSUE NON-DEBT REVENUE BONDS PURSUANT TO PROVISIONS OF 53 PA.C.S. PT. VII SUBPT. B (RELATING TO INDEBTEDNESS AND BORROWING) TO PROVIDE SUFFICIENT MONEYS FOR AND TOWARD THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, EXTENSION OR IMPROVEMENT OF MUNICIPAL FACILITIES, INCLUDING WATER SYSTEMS OR FACILITIES, SEWERS, SEWER SYSTEMS AND SEWAGE DISPOSAL SYSTEMS OR FACILITIES, SYSTEMS FOR THE TREATMENT OR DISPOSAL OF GARBAGE AND REFUSE, GAS PLANTS OR GAS DISTRIBUTION SYSTEMS FOR ITS OWN MUNICIPAL PURPOSES, ELECTRIC LIGHT OR POWER PLANTS OR POWER DISTRIBUTION SYSTEMS, AERONAUTICAL FACILITIES INCLUDING BUT NOT LIMITED TO AIRPORTS, TERMINALS AND HANGARS AND PARK AND RECREATIONAL FACILITIES AND PARKING LOTS AND FACILITIES TO BE SECURED SOLELY BY THE PLEDGE OF THE WHOLE OR PART OF THE RENT, TOLL OR CHARGE FOR THE USE OR SERVICES OF THE FACILITIES.
Included in the cost of the issue may be any costs and expenses incident to construction and financing the facilities and selling and distributing the bonds.
(47) REWARDS FOR APPREHENSION OF CERTAIN CRIMINALS. TO OFFER REWARDS FOR THE ARREST AND CONVICTION OF PERSONS GUILTY OF CAPITAL OR OTHER CRIMES WITHIN THE BOROUGH.
(48) APPROPRIATIONS FOR URBAN COMMON CARRIER MASS TRANSPORTATION. TO APPROPRIATE FUNDS FOR URBAN COMMON CARRIER MASS TRANSPORTATION PURPOSES FROM CURRENT REVENUES AND TO MAKE ANNUAL CONTRIBUTIONS TO COUNTY DEPARTMENTS OF TRANSPORTATION OR TO URBAN COMMON CARRIER MASS TRANS-PORTATION AUTHORITIES TO ASSIST THE DEPARTMENTS OR THE AUTHORITIES TO MEET COSTS OF OPERATION, MAINTENANCE, CAPITAL IMPROVEMENTS, AND DEBT SERVICE, AND TO ENTER INTO LONG-TERM AGREEMENTS PROVIDING FOR THE PAYMENT OF THE CONTRIBUTIONS.
(49)TO UNDERTAKE COMMUNITY DEVELOPMENT PROGRAMS, INCLUDING BUT NOT LIMITED TO URBAN RENEWAL, PUBLIC HOUSING, MODEL CITIES PROGRAMS AND NEIGHBORHOOD DEVELOPMENT PROJECTS.
(50) SALE OF REAL OR PERSONAL PROPERTY TO NON-PROFIT MEDICAL SERVICE CORPORATION. TO SELL TO A NON-PROFIT MEDICAL SERVICE CORPORATION BOROUGH-OWNED:
(i) real property for its exclusive use as a site for a medical service facility; and
(ii) personal property for use at the medical service facility.
(51) SALE OF REAL OR PERSONAL PROPERTY TO NON-PROFIT HOUSING CORPORATION. TO SELL TO A NON-PROFIT HOUSING CORPORATION BOROUGH-OWNED:
(i) real property for its exclusive use for housing for the elderly; and
(ii) personal property for its use at the non-profit housing corporation.
(52) GRANTS TO NONPROFIT ART CORPORATIONS. TO MAKE GRANTS ANNUALLY TO NONPROFIT ART CORPORA-TIONS FOR THE CONDUCT OF THEIR ARTISTIC AND CULTURAL ACTIVITIES. FOR THE PURPOSES OF THIS SECTION NON-PROFIT ART CORPORATION SHALL MEAN A LOCAL ARTS COUNCIL, COMMISSION OR COORDINATING AGENCY, OR ANY OTHER NONPROFIT CORPORATION ENGAGED IN THE PRODUCTION OR DISPLAY OF WORKS OF ART, INCLUDING THE VISUAL, WRITTEN OR PERFORMING ARTS. ARTISTIC AND CULTURAL ACTIVITIES SHALL INCLUDE THE DISPLAY OR PRO-DUCTION OF THEATER, MUSIC, DANCE, PAINTING, ARCHITECTURE, SCULPTURE, ARTS AND CRAFTS, PHOTOGRAPHY, FILM, GRAPHIC ARTS AND DESIGN AND CREATIVE WRITING.
(53) APPROPRIATIONS FOR NEIGHBORHOOD CRIME WATCH PROGRAMS. TO APPROPRIATE ANNUALLY AN AMOUNT TOWARD A NEIGHBORHOOD CRIME WATCH PROGRAM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO BOROUGH OR OFFICIAL THEREOF SHALL BECOME SUBJECT TO CONTRACTUAL, TORT OR OTHER LIABILITY AS A RESULT OF HAVING MADE AN APPROPRIATION PURSUANT TO THIS CLAUSE.
(54) APPROPRIATIONS TO SENIOR CITIZENS ORGANIZATIONS. TO APPROPRIATE FUNDS FOR PROGRAMS WHICH BENEFIT SENIOR CITIZENS, OR MAKE GRANTS TO CIVIC ORGANIZATIONS WHICH REPRESENT SENIOR CITIZENS, PROVIDE SERVICES TO SENIOR CITIZENS, OR OF WHICH ITS MEMBERS ARE SENIOR CITIZENS.
(55) APPROPRIATIONS TO WATERSHED ASSOCIATIONS. TO APPROPRIATE MONEY TO NONPROFIT WATERSHED ASSOCIATIONS FOR WATERSHEDS SERVING THE BOROUGH. APPROPRIATIONS MAY NOT BE USED TO UNDERTAKE LITIGATION AGAINST ANY MUNICIPALITY OR TO SEEK REDRESS AGAINST ANY INDIVIDUAL LANDOWNER.
(56) EMERGENCY SERVICES. THE BOROUGH SHALL BE RESPONSIBLE FOR ENSURING THAT FIRE AND EMERGENCY MEDICAL SERVICES ARE PROVIDED WITHIN THE BOROUGH BY THE MEANS AND TO THE EXTENT DETERMINED BY THE BOROUGH, INCLUDING THE APPROPRIATE FINANCIAL AND ADMINISTRATIVE ASSISTANCE FOR THESE SERVICES. THE BOROUGH SHALL CONSULT WITH FIRE AND EMERGENCY MEDICAL SERVICES PROVIDERS TO DISCUSS THE EMERGENCY SERVICES NEEDS OF THE BOROUGH. THE BOROUGH SHALL REQUIRE ANY EMERGENCY SERVICES ORGANIZATION RE-CEIVING BOROUGH FUNDS TO PROVIDE TO THE BOROUGH AN ANNUAL ITEMIZED LISTING OF ALL EXPENDITURES OF THESE FUNDS BEFORE THE BOROUGH MAY CONSIDER BUDGETING ADDITIONAL FUNDING TO THE ORGANIZATION.
(57) APPROPRIATIONS TO CONSERVATION DISTRICT. TO APPROPRIATE MONEY TO THE CONSERVATION DISTRICT, AS DEFINED IN THE ACT OF MAY 15, 1945 (P.L. 547, NO. 217), KNOWN AS THE "CONSERVATION DISTRICT LAW," IN WHICH THE BOROUGH IS LOCATED.
(58) MINES AND QUARRIES. TO REQUIRE THE OWNER, OPERATOR OR SUPERINTENDENT OF EVERY MINE, COLLIERY OR QUARRY LOCATED WHOLLY OR PARTIALLY WITHIN THE LIMITS OF THE BOROUGH, TO FURNISH TO THE BOROUGH MAPS, PLANS AND DRAWINGS OF WORKINGS, EXCAVATIONS AND SURFACE SUPPORT AS THE COUNCIL MAY REQUIRE. IN THE CASE OF COAL MINES AND COLLIERIES, THE MAP OR PLAN SHALL EXHIBIT THE WORKINGS OR EXCAVATIONS IN EVERY SEAM OF COAL ON A SEPARATE SHEET, AND THE TUNNELS AND PASSAGES CONNECTING WITH THE WORKINGS OR EXCAVATIONS. IT SHALL SHOW IN DEGREES THE GENERAL INCLINATION OF THE STRATA, WITH ANY MATERIAL DEFLECTION IN THE STRATA IN THE WORKINGS OR EXCAVATIONS, AND SHALL ALSO SHOW THE TIDAL ELEVATIONS OF THE BOTTOM OF EVERY SHAFT, SLOPE, TUNNEL AND GANGWAY, AND OF ANY OTHER POINT IN THE MINE OR ON THE SURFACE WHERE THE ELEVATION SHALL BE DEEMED NECESSARY BY THE BOROUGH. THE MAP OR PLAN SHALL SHOW THE NUMBER OF THE LAST SURVEY ON THE GANGWAYS OR THE MOST ADVANCED WORKINGS. EVERY OWNER, OPERATOR, OR SUPERINTENDENT, OF A MINE, COLLIERY OR QUARRY, SHALL UPDATE, AT LEAST ONCE EVERY THREE MONTHS, THE PERTINENT MAPS, PLANS AND DRAWINGS TO REFLECT ANY EXTENSIONS MADE IN ANY MINE, COLLIERY OR QUARRY DURING THE THREE PRECEDING MONTHS, EXCEPT THOSE MADE WITHIN THIRTY DAYS IMMEDIATELY PRECEDING THE TIME OF PLACING THE EXTENSIONS UPON THE MAP OR DRAWING. A BOROUGH ENGINEER, ASSISTANT OR OTHER PERSON AUTHORIZED BY COUNCIL MAY ENTER AND SURVEY ANY MINE, COLLIERY OR QUARRY WITHIN THE LIMITS OF THE BOROUGH, AT ALL REASONABLE TIMES, BUT NOT SO AS TO IMPEDE OR OBSTRUCT THE WORKINGS OF THE MINE, COLLIERY OR QUARRY. THE OWNER, OPERATOR OR SUPERINTENDENT OF THE MINE, COLLIERY OR QUARRY, SHALL FURNISH THE MEANS NECESSARY FOR THE ENTRY, SURVEY AND EXIT.
(59) ASSESSMENT OF BENEFITS. TO PETITION THE COURT OF COMMON PLEAS FOR THE APPOINTMENT OF VIEWERS TO ASSESS THE TOTAL COST OF AN IMPROVEMENT AS SET FORTH IN ARTICLE XXI-A. THE VIEWERS SHALL ASSESS THE TOTAL COST OF THE IMPROVEMENT, OR SO MUCH OF THE COST AS MAY BE JUST AND REASONABLE, UPON THE LANDS OR PROPERTIES PECULIARLY BENEFITED.
(60) AUTHORITY TO PURCHASE NATURAL GAS WELLS. TO AUTHORIZE ANY BOROUGH TO PURCHASE, OWN, USE, OPERATE AND CONTROL ANY NATURAL GAS WELL OR WELLS FOR THE PURPOSE OF SUPPLYING NATURAL GAS FOR ITS OWN MUNICIPAL PURPOSES.
(61) REAL ESTATE REGISTRY. TO ESTABLISH, BY ORDINANCE, AND MAINTAIN A REAL ESTATE REGISTRY FOR THE PURPOSE OF PROCURING ACCURATE INFORMATION IN REFERENCE TO THE OWNERSHIP OF REAL ESTATE IN THE BOROUGH IN A MANNER NOT INCONSISTENT WITH THE ACT OF OCTOBER 9, 2008 (P.L. 1400, NO. 110), KNOWN AS THE "UNIFORM MUNICIPAL DEED REGISTRATION ACT." COUNCIL SHALL DESIGNATE A PERSON TO HAVE CHARGE OF THE REGISTRY, WHO SHALL CAUSE TO BE MADE AND CAREFULLY PRESERVE ALL NECESSARY BOOKS, MAPS AND PLANS AS MAY SHOW THE LOCATION AND OWNERSHIP OF EVERY LOT, PIECE OF REAL ESTATE AND SUBDIVISION THEREOF. FOR PURPOSES OF ESTABLISHING OR MAINTAINING THE REGISTRY, THE PERSON IN CHARGE OF THE REGISTRY SHALL HAVE ACCESS TO PUBLIC RECORDS WITHOUT CHARGE. INFORMATION CONTAINED WITHIN A REAL ESTATE REGISTRY SHALL NOT AFFECT THE VALIDITY OF ANY MUNICIPAL CLAIM OR TAX CLAIM OF THE BOROUGH. NOTHING IN THIS PARAGRAPH SHALL PROHIBIT A BOROUGH FROM REQUIRING OWNERS TO PROVIDE INFORMATION RELEVANT TO THE ENFORCEMENT OF ANY BOROUGH ORDINANCE IN ACCORDANCE WITH LAW.
(62) AUTHORITY TO MANUFACTURE AND SUPPLY ELECTRICITY. TO MANUFACTURE, PURCHASE OR OTHERWISE SUPPLY ELECTRICITY PURSUANT TO ARTICLE XXIV-A, RELATING TO MANUFACTURE AND SUPPLY OF ELECTRICITY.
(63) AUTHORITY TO PROVIDE TELECOMMUNICATIONS AND CABLE TELEVISION SERVICES. TO PROVIDE THE FOL-LOWING:
(i) telecommunications services to the extent that provision of services is not inconsistent with 66 Pa.C.S. Ch. 30 (relating to alternative form of regulation of telecommunications services); and
(ii) cable television services in a manner consistent with Federal law.
(64) UNDERGROUND CONDUITS. TO ACQUIRE, BY PURCHASE OR CONDEMNATION, OR TO CONSTRUCT, UNDER-GROUND CONDUITS WITHIN WHICH ELECTRICAL, COMMUNICATION AND OTHER TYPES OF WIRES SHALL BE PLACED AND TO, BY ORDINANCE AND SUBJECT TO APPROVAL BY THE PENNSYLVANIA PUBLIC UTILITY COMMISSION, REGULATE THE MANNER AND TERMS AND CONDITIONS OF THE USE OF ANY UNDERGROUND CONDUITS. COUNCIL MAY DEFINE REASONABLE DISTRICTS OF THE BOROUGH WITHIN WHICH UNDERGROUND CONDUITS SHALL BE USED FOR THE PLACEMENT OF WIRES WITHOUT THE APPROVAL OF THE PUBLIC UTILITY COMMISSION. THE POWERS RESERVED BY THIS CLAUSE SHALL NOT BE BARTERED AWAY OR SURRENDERED BY THE BOROUGH.
(65) ACTIONS FOR MUNICIPAL CLAIMS. IN ADDITION TO THE REMEDIES PROVIDED BY LAW FOR THE FILING OF LIENS FOR THE COLLECTION OF MUNICIPAL CLAIMS, INCLUDING, BUT NOT LIMITED TO, WATER RATES, SEWER RATES AND THE REMOVAL OF NUISANCES, TO PROCEED FOR THE RECOVERY AND COLLECTION OF CLAIMS BY ACTION OF ASSUMPSIT AGAINST THE PERSON OR PERSONS WHO WERE THE OWNER OR OWNERS OF THE PROPERTY AT THE TIME OF THE COMPLETION OF THE IMPROVEMENT, OR AT THE TIME THE WATER OR SEWER RATES OR THE COST OF THE REMOVAL OF NUISANCES FIRST BECAME PAYABLE, NOTWITHSTANDING THE FACT THAT THERE WAS A FAILURE ON THE PART OF THE BOROUGH, OR ITS AGENTS, TO ENTER THE MUNICIPAL CLAIM AS A LIEN AGAINST THE PROPERTY ASSESSED FOR THE IMPROVEMENT, OR FOR THE FURNISHING OF WATER OR SEWER SERVICES AND FOR THE REMOVAL OF NUISANCES AND FOR THE RECOVERY OF WHICH THE ACTION OF ASSUMPSIT WAS BROUGHT. THE ACTION IN ASSUMPSIT SHALL BE COMMENCED EITHER WITHIN SIX YEARS AFTER THE COMPLETION OF THE IMPROVEMENT FROM WHICH THE CLAIM ARISES OR WITHIN SIX YEARS AFTER THE WATER OR SEWER RATES OR THE COST OF ABATING A NUISANCE FIRST BECAME PAYABLE.
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