Pennsylvania Act 1907-321 — SUPPLEMENTARY ACT, FIRST CLASS CITIES

Act text

SUPPLEMENTARY ACT, FIRST CLASS CITIES
                  Act of Jun. 8, 1907, P.L. 488, No. 321              Cl. 11
                               A SUPPLEMENT

     To an act, entitled "An act to provide for the better government
        of cities of the first class in this Commonwealth," approved
        the first day of June, one thousand eight hundred and eighty-
        five; creating a Department of Wharves, Docks, and Ferries,
        for the improvement, regulation, and supervision of the
        construction, extension, alteration, maintenance, and use of
        wharves, piers, bulkheads, docks, slips, basins, ferries,
        harbors, and harbor structures, in cities of the first class;
        and providing for the making and enforcement of rules and
        regulations, and fixing certain penalties for violation
        thereof; and providing for the acquisition of property by
        said cities, by purchase and by condemnation, for certain
        purposes.

        Whereas, The growing commerce of the Commonwealth of
     Pennsylvania, and the substantial improvements being made by the
     government of the United States in the channel-ways of our
     rivers and harbors, make it desirable to enlarge and extend the
     powers given cities of the first class for the control and
     development of their wharves, docks and harbors; therefore,

        Section 1.  (1 repealed Jun. 25, 1919, P.L.581, No.274)
        Section 2.  (2 repealed Jun. 25, 1919, P.L.581, No.274)
        Section 3.  (3 repealed Jun. 25, 1919, P.L.581, No.274)
        Section 4.  (4 repealed Jun. 25, 1919, P.L.581, No.274)
        Section 4.  (4 repealed Jun. 25, 1919, P.L.581, No.274)
        Section 5.  (5 repealed Jun. 25, 1919, P.L.581, No.274)
        Section 6.  The director shall have power to make surveys and
     soundings, and to prepare plans therefrom and to keep records
     thereof. He shall also have power to regulate, fix, and
     establish bulkhead and pierhead lines, and the distance between
     piers, subject to the regulations of the United States
     Government; and to adopt and promulgate rules and regulations
     for the construction, extension, alteration, improvement, and
     repair of wharves, piers, bulkheads, docks, slips, and basins
     within the limits of said cities. It shall be the duty of the
     Director to take the necessary action to enforce the laws of the
     Commonwealth and ordinances of said cities, and the rules and
     regulations promulgated by the Director pertaining to wharves,
     piers, bulkheads, docks, slips, and basins; and from time to
     time the Director shall make such recommendations to councils of
     said cities as to him shall seem proper for the improvement and
     development of the water-front within said cities.
        Section 7.  If any person or persons shall refuse or neglect
     to comply with the directions of the said Director, in matters
     within the jurisdiction of his office, or shall knowingly fail
     to comply with the rules and regulations by the Director duly
     made, published, and established, as aforesaid, or if any person
     or persons, whosoever, shall obstruct or prevent the said
     Director in the execution of his duties, such person or persons,
     aforesaid, shall be guilty of a misdemeanor, and, upon
     conviction thereof, shall be sentenced to pay, for each and
     every offense, a fine not exceeding five hundred dollars.
        Section 8.  The Director shall have charge, control, and
     supervision of all the wharf and storage property belonging to
     the cities of the first class, including all wharves, piers,
     bulkheads, docks, slips, basins, structures thereon and
     approaches thereto, storage facilities and water-fronts, lands
     under the water and structures thereon, and the appurtenances,
     easements, uses, reversions, and rights belonging thereto, which
     are now or may hereafter be owned or possessed by said cities;
     of the repairing, building, rebuilding, maintaining, altering,
     strengthening, and protecting said property, and every part
     thereof, and of all the cleaning, dredging, and deepening in and
     about the same.
        Section 9.  The Director shall have authority, after
     appropriation by councils of said cities of the money required
     therefor, to acquire by the purchase, in the name of and for the
     benefit of said cities, such unimproved marsh-lands, within said
     cities, as may be reclaimable, between the low-water line and
     the high-water shore-line of the rivers, bays, lakes, and
     navigable waters; and, after appropriation of the money required
     therefor by said councils, to reclaim, fill in, and improve said
     marsh-lands, and construct thereon wharves, piers, docks, slips,
     basins, and storage facilities; and the Director may lease, as
     hereinafter provided in section nineteen, such part or parts of
     said reclaimed lands as, in the judgment of the Director, cannot
     be so improved; or the Director and the Advisory Harbor Board,
     if so authorized by ordinance of councils, may sell the same,
     and the income or money obtained from such lease or sale shall
     be paid into the treasury of said cities, and be subject to
     general appropriation.
        The Director shall have authority, after appropriation of the
     money required therefor by the councils of said cities, to
     acquire, by purchase, in the name of and for the benefit of said
     cities, such wharves, piers, bulkheads, docks, slips, basins,
     and storage facilities appurtenant thereto, lands, property,
     rights, easements, and privileges, within the limits of said
     cities as may be required for the purposes of commerce and
     navigation.
        The Director shall have authority, after appropriation of the
     money required therefor by the councils of said cities, to
     purchase, in the name of and for the benefit of said cities,
     lands, piers or bulkheads, and to erect thereon such structures
     and buildings for storage and storage facilities as may be
     necessary for the proper and convenient use of such wharves,
     piers, and bulkheads, for the storage of incoming or outgoing
     goods, wares, or merchandise; and he shall have power to make
     all rules necessary for the government of such storage
     facilities, and fix all rates and charges for their use and
     occupation.
        The Director shall have authority, after appropriation of the
     money required therefor by the councils of said cities, to
     purchase, maintain, and operate such boats or launches, ice
     boats and dredges, as may be necessary for the performance of
     the duties of the Department of Wharves, Docks and Ferries.
        Section 10.  Whenever any person or persons shall desire to
     construct, extend, alter, improve or repair any wharf, or other
     building in the nature of a wharf, or bridge, or other harbor
     structures, situate wholly within any city of the first class,
     such person or persons shall make application to the director,
     stating in writing the nature and extent of such proposed
     structure, extension, alteration, improvement or repair, and
     file in the office of the director the plans and specifications
     showing fully the proposed structure, extension, alteration,
     improvement or repair, and produce his or their deed or deeds,
     or other evidence of title, to the premises on which such
     proposed structure, extension, alteration, improvement or repair
     is to be erected or made,---whereupon, if such proposed
     structure, extension, alteration, improvement or repair will
     encroach upon the waterway, the director shall give notice of
     the time and place of hearing such application, to all parties
     interested, by advertising twice a week for two successive
     weeks, in two newspapers of general circulation published within
     the said city, and by posting notice upon the said premises; and
     if the director, upon such hearing, or without such hearing
     where such hearing is not required by the provisions hereof,
     shall approve such proposed structure, extension, alteration,
     improvement or repair, and the plans and specification submitted
     therefor, he shall give his assent to, and issue a license or
     permit for, the erection and making thereof, and cause the fact
     of the issue of such license or permit to be recorded in his
     office, in a book to be kept by him for that purpose, and such
     license or permit shall not be unreasonably withheld: Provided,
     That necessary repairs, costing one hundred dollars or less and
     not affecting the stability or strength of the structure, may be
     made without first procuring a license or permit.
        Whenever any person or persons shall desire to construct,
     extend, alter, improve or repair any structure to be erected, or
     already erected, on ground supported by bulkheads, and to be
     used, or already used, for the purpose of loading or unloading
     passengers or freight on or from vessels; or any structure to be
     physically connected, or already physically connected, or to be
     used or already used, as appurtenant to any wharf or structure
     hereinbefore described, situate within any city of the first
     class,---and for such purpose he or they shall have applied for
     a permit from the Bureau of Building Inspection in said city,
     the said Bureau of Building Inspection shall notify the director
     of the Department of Wharves, Docks and Ferries, of such
     application, and shall thereafter grant the permit applied for,
     only when the application shall have received the approval of
     the said director, which he is hereby empowered to grant.
        The cities of the first class may, by ordinance, regulate and
     determine the license fees for the license and approval required
     by the provisions of this act.
        (10 amended Apr. 27, 1925, P.L.331, No.191)
        Section 11.  If any person or persons shall construct, alter,
     or improve any wharf or building or harbor structure, as
     aforesaid, within the limits of said cities, beyond low-water
     mark, without license or an order of court, as hereinafter
     provided, first having been obtained, such wharf or building or
     harbor structure shall be deemed a public or common nuisance,
     and such person or persons shall be guilty of maintaining a
     nuisance, and, upon conviction, shall be sentenced to pay a fine
     of five hundred dollars, or suffer an imprisonment of six
     months, or either, or both, according to the discretion of the
     court; and, where the said nuisance shall be in existence at the
     time of the conviction and sentence, it shall be lawful for the
     court, in its discretion, to direct either the defendant, or
     sheriff of the proper county, at the expense of the defendant,
     to abate the same: Provided, That in all cases where any license
     or order has been or shall be given or made, permitting the
     erection, construction, extension, alteration, or improvement of
     any wharf, building, or harbor structure, aforesaid, beyond low-
     water mark of the waterways, or any harbor structure, within the
     limits of said cities, the person or persons to whom such
     license or order has been or shall be granted shall, within six
     months from the date of said license or order, commence the work
     for which such license or order shall have been granted, and
     shall prosecute such work with due diligence to completion;
     otherwise said license or order shall become void: Provided,
     further, That all licenses granted or orders made for the
     erection, construction, extension, alteration, or improvement,
     aforesaid, prior to the passage of this act, shall be and become
     void within six months after this act shall take effect, unless
     said work shall have been begun thereon and shall be prosecuted
     with due diligence to completion.
        Section 12.  Whenever the owner or owners, or lessee or
     lessees, of any wharf, pier or bulkhead, within the limits of
     said cities, shall fail to keep and maintain the adjoining dock
     or docks cleaned and free from obstructions, it shall be lawful
     for the said director, upon default for thirty days after the
     service of notice on such owner or owners, lessee or lessees, to
     clean or cause said dock or docks to be cleaned and free from
     obstruction, and to apportion the expense thereof among the
     owner or owners, lessee or lessees, of the wharves, piers, and
     bulkheads adjoining such dock or docks, in proportion to the
     extent of their wharves, piers, or bulkheads having the
     privilege of use of such dock or docks; and to collect the cost
     and expense of the same by filing liens therefor, and issuing
     process thereupon, as is provided by law in the case of liens
     filed for the removal of nuisances; and all liens filed to
     collect the expenses of said work shall be filed by the city
     solicitor, and the lien for said work shall have the same force
     and effect as liens for municipal work, under existing laws.
        (12 amended May 29, 1913, P.L.380, No.261)
        Section 13.  The Director, after a hearing of the parties in
     interest, is authorized to regulate the services and shall have
     power to fix maximum rates and charges for ferriage, to be
     imposed and collected by all companies and individuals operating
     ferries wholly within the limits of said cities.
        Section 14.  The Director, after a hearing of the parties in
     interest, is authorized to regulate the services and to fix
     maximum rates for wharfage, cranage, and dockage, whether the
     service is performed by the owners of said wharves, piers, and
     docks or by the said cities.
        Section 15.  Whenever the director of the Department of
     Wharves, Docks and Ferries, in cities of the first class, shall
     deem it necessary or advisable to acquire for said cities
     property of any kind for use as a public wharf, pier, or
     bulkhead, to be owned by such cities, with the necessary dock-
     room; or for the extension of or addition to any then existing
     public wharf, pier, or bulkhead, owned by such cities, or the
     improvement or enlargement of the dock or docks appurtenant
     thereto; the said director shall have the power, and he is
     hereby authorized, by himself, his deputy engineers, surveyors
     or workmen, to make all necessary or proper surveys for the
     location of such public wharf, pier, bulkhead or dock, or
     extension, enlargement or addition thereto, and for that
     purpose, if necessary, to enter upon such property. The
     provisions of this act shall apply to property held, used, or
     owned either for private or for public purposes, including that
     held, used, or owned as a public wharf. The said director may
     communicate the result of his said survey, together with his
     recommendation in the premises, to the councils, or to the mayor
     of such cities, or to both.
        The councils of said cities of the first class shall have the
     power, and they are hereby authorized, either in pursuance of
     such recommendation, or otherwise, to take, condemn and
     appropriate, by ordinance, any such property, for the uses and
     purposes hereinabove set forth, or any of them. Upon the passage
     and approval of any such ordinance, in addition to the
     advertisement thereof required by law, notice of such
     condemnation, appropriation and taking shall be given to the
     registered owner or owners of such property, which notice shall
     be accompanied by a copy of such ordinance, and shall be served
     by delivering such notice and copy to him or them, or by leaving
     the same upon the premises with the person in charge thereof, or
     by mailing such notice and copy to such owner or owners by
     registered letter directed to his or their last known place of
     residence, or by posting the same on a conspicuous part of the
     premises appropriated and condemned. If the owner or owners of
     such property and the said director shall agree upon the price
     or compensation to be paid for the taking of such property, upon
     payment of the price so agreed upon the said cities may enter
     upon and take exclusive possession thereof. If within three (3)
     months of the date of giving notice, as aforesaid, they shall
     not so agree, security for the damages so accruing may be
     entered by said cities, in the manner provided by law in the
     case of the taking of property in the opening of streets, and
     thereupon the said cities may, in like manner, enter upon and
     take exclusive possession of such property. Either party may,
     before or after such entry upon and taking possession thereof,
     present a petition to the court of quarter sessions of the
     county in which such property may be situated, or to any judge
     thereof in vacation, asking for the appointment of a board of
     view to assess the damages so accruing; and the subsequent
     proceedings thereon shall be the same, and with like effect, as
     upon other petitions for the appointment of boards of view for
     the assessment of damages occasioned by the opening of streets
     by such cities. In the event that the property condemned,
     appropriated and taken under the provisions of this section
     shall constitute a part of a plant used as an entirety, the
     damage to the owner or tenant shall be assessed by taking the
     difference in market value of such plant as a whole, including
     the buildings, machinery, fixtures, other equipment installed
     and used in said plant, before and after such condemnation,
     appropriation and taking, and notwithstanding that parts of the
     said plant may be separated by a street or public highway.
        (15 amended May 29, 1913, P.L.380, No.261)
        Section 16.  Before the erection, construction, extension,
     alteration, or improvement of the wharves, piers, bulkheads,
     docks, slips, basins, or harbor structures, in and upon or about
     the property owned by said cities, the Director shall prepare
     full and minute plans and specifications for such work, and
     advertise for proposals for doing such work under said plans and
     according to such specifications, in the same manner as is
     prescribed by law for obtaining proposals and letting contracts
     for public works in said cities: Provided, That in an emergency
     the Director is authorized, without advertising for bids, to
     undertake and complete any work of construction or repairs the
     cost of which shall not, in any particular case, exceed one
     thousand dollars.
        Section 17.  The director shall have power to lease, for a
     period not to exceed ten years, under such covenants and
     conditions as he may prescribe, storage facilities, wharves,
     piers, bulkheads, docks, slips, and basins belonging to said
     cities. All leases of public storage facilities, wharves, piers,
     bulkheads, docks, slips, and basins shall be exposed to public
     sale, and sold to the highest bidder by public sale and vendue
     or outcry, at such place and time as the director may designate;
     and, if no bid satisfactory to the said director is made at such
     sale, the director may, in the manner aforesaid, again expose
     the said lease or leases to public vendue or outcry; or the
     director may lease the same, for a term not exceeding one year,
     for such rent or rents as he may deem advisable. At least two
     weeks' public notice of such sale or sales shall be given by
     advertising at least twice a week for two successive weeks, in
     at least two newspapers of general circulation, published in the
     city in which the premises are situated. The term of any such
     lease so sold shall begin within twelve months from the date of
     such sale. The director may, in his discretion, require of the
     lessee or lessees a bond, with satisfactory surety, for the
     faithful performance of the conditions and covenants of said
     lease; but said cities shall have power, by ordinance heretofore
     or hereafter enacted, to provide for the leasing of the said
     structures, or any of them, for such period in excess of ten
     years and not exceeding fifty years, on such terms and
     conditions as may be deemed advantageous or desirable, subject
     to the foregoing provisions with respect to public sale, vendue
     and outcry, pursuant to published notice and advertisement as
     hereinabove provided.
        (17 amended Jun. 26, 1931, P.L.1377, No.347)
        Section 18.  The income to said cities from all wharfage and
     storage rates, cranage, dockage, and other charges, from all
     leases of lands, storage structures, wharves, piers, bulkheads,
     docks, slips, and basins, shall be collected by the said
     Director, and at once paid into the city treasury.
        Section 19.  Any person or persons aggrieved by any decision
     of the said Director, either granting or refusing, in whole or
     in part, an application for a license to erect, construct,
     extend, alter, or improve any wharf, pier, or bulkhead, or other
     harbor structure, or as to any other matter or thing under this
     act, may, within thirty days after the date of the said
     decision, present a petition to the court of common pleas of the
     proper county, setting forth the facts of the case and the
     ground of the petitioner's complaint; and thereupon the said
     court, having first caused due notice of the presentation of the
     said petition, and of the time fixed for the hearing thereof, to
     be given to all persons whom they may deem legally interested
     therein, shall proceed to hear and determine the subject-matter
     of the said petition; and shall make such order in the premises
     as he may think the said Director should have made, and the said
     order shall be final and conclusive. It shall be lawful for the
     said court to appoint a commissioner to take evidence to be used
     in the said hearing, and to make such order for the payment of
     the costs, by one or more of the parties to the proceedings, as
     justice may require.
        Section 20.  The councils of said cities shall appropriate
     annually the funds necessary for the maintenance and operation
     of the said Department of Wharves, Docks and Ferries, and, from
     time to time, such additional funds as may be necessary to carry
     out the purposes of this act.
        Section 21.  The Director shall have access to all the
     records, books, charts, maps, and papers belonging to the board
     of wardens, the office of harbor master, or the office of master
     warden, which may be situated within the limits of said cities.
     Such ice-boats and the equipment thereof as may be the property
     of the said cities, all records that have been kept concerning
     the previous operation of said ice-boats, and concerning the
     condition and movement of ice in the rivers and other waters of
     said cities, shall be transferred from the Department of Public
     Works to the Department of Wharves, Docks and Ferries, and the
     ice-boats thus transferred shall be operated by the Department
     of Wharves, Docks and Ferries.
        Section 22.  The Director shall make an annual report to the
     mayor, at the close of each fiscal year, setting forth the
     amount of property owned, and the amount of property acquired
     during the year, and the price paid therefor; the condition of
     all storage facilities, wharves, piers, bulkheads, docks, slips,
     and basins, and approaches thereto; the amount of money received
     from dockage, wharfage, storage, cranage, and other services,
     itemized as to sources; an itemized account of the money
     expended for improvements and new construction, repairs,
     purchase of property, or for any other purpose; the number and
     names and addresses of all employes, and their respective
     salaries; the terms and conditions of all leases of storage
     facilities, wharves, piers, bulkheads, docks, slips, basins, and
     ferries; the time of expiration of said leases and the amount
     paid therefor; and the number of ships, vessels, and boats
     arriving and departing, their net and gross tonnage.