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Greencastle to process liens for failure to pay for curb repairs

July 08, 2008|By KATE S. ALEXANDER

GREENCASTLE, Pa. - The Greencastle Borough Council on Monday authorized Solicitor Melissa Dively to process liens against property owners who fail to reimburse the borough for curb or sidewalk repair or replacement.

Recent controversy over the replacement of curbs and sidewalks along South Allison Street has the borough eager to set a precedent for enforcing repayment of project costs by taking legal action against homeowners who have not repaid the borough for work done in 2006.

Borough Manager Ken Womack said two homeowners have neglected to repay about $9,000 in curb and sidewalk work which the borough repaired in 2006.

Womack would not name the property owners but said, "We have given them plenty of time. We have sent notices and they keep ignoring them."

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The Greencastle Borough Code requires homeowners to pay for the repair or replacement of curbing and sidewalking along their property, should the borough deem it necessary.

Historically, the borough has paid upfront for the repairs and sent certified notices or bills to homeowners under a Pennsylvania Borough Code protection. Under the code, if an owner fails to pay the amount in the notice by the due date specified, the borough can place a lien against the property.

Womack said in recent years the borough has not enforced its right to process liens against delinquent property owners, prompting him to ask the Borough Council to authorize Dively to take action against two outstanding curb/sidewalk bills from 2006.

Council Vice President Duane Kinzer said he felt it was time to enforce the code.

"I feel we have enough residents spending the money to replace curbs that we should not tolerate those who haven't done it," Kinzer said.

The South Allison Street repaving project is the latest series of curbs and sidewalks the borough has required to be repair or replaced.

Mayor Robert Eberly said when the borough issues a notice to repay, the letter includes a set number of days to contact the borough to set up payments or pay in full.

Womack said he wanted to set a precedent so that no one is surprised if the borough enforces this provision again.

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