Philadelphia v. Gouss

Citations

• 56 Pa. Super. 496
• 1914 Pa. Super. LEXIS 111

Syllabus

<p>Municipal liens — Abatement of nuisance — Notice—Averment of notice — Character of work.</p> <p>1. When a municipal claim is filed to secure a lien upon a property for the cost of abating a nuisance, it must, in order to be self-sustaining, aver a previous notice on the owner to do the work, and in the city of Philadelphia the claim must aver notice to the registered owner, if there be one.</p> <p>2. When the notice is served upon one who is in fact the agent of the owner in the management of the property that is a sufficient compliance with the statutory provision.</p> <p>3. An averment of notice in the claim is sufficient where it is stated that the notice was “served on the said G. the registered owner on July 24, 1907, by serving notice upon the premises, and also upon W, agent, Northwest Corner Franklin & Green Streets, and making known contents thereof to remove and abate said nuisance.”</p> <p>4. A municipal claim for the cost of abating a nuisance which states that the “nuisance consisted of surface drainage,” and that it was abated “ by diverting all drainage to sewer as per contract fifty dollars,” sufficiently avers the kind and character of the work done. The Act of June 4, 1601, sec. 11, par. 7, P. L. 431, made no substantial change as to the nature of the statement of the character of the work done.</p>