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RAYMOND CAPRA v. CITY PHILADELPHIA (12/14/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 14, 1982.

RAYMOND CAPRA, APPELLANT
v.
CITY OF PHILADELPHIA, APPELLEE

Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of City of Philadelphia v. Raymond Capra, No. 198 M.L.D. June Term, 1976.

COUNSEL

Herman Blumenthal, for appellant.

Kenneth Fox, with him, Alan J. Davis, City Solicitor, and Barbara S. Gilbert, Chief Assistant City Solicitor, for appellee.

President Judge Crumlish, Jr. and Judges Rogers and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 70 Pa. Commw. Page 381]

The Philadelphia County Common Pleas Court, by order, denied Raymond Capra's Motion to Strike-Off Lien. Capra appeals. We affirm.

Capra received, by mail, from the City of Philadelphia, Department of Licenses and Inspections, a violation notice giving him ten days to repair the roof of his property. When Capra failed to comply, the City undertook the repair, abated the nuisance, and billed Capra by mail. Capra neither responded nor acknowledged the violation notice or the bill. The City lien against his property followed.

Capra, although never denying that he received both the notice and the billing, asserts that the motion should be granted because of procedural defects in the notice and the lien filing. These contentions are without merit, and we affirm on the able opinion of Braig, J., below Pa. D. & C.3d (1981).*fn1

Affirmed.

[ 70 Pa. Commw. Page 382]

Order

The Philadelphia County Common Pleas Court order, No. 198 M.L.D. June Term, 1976, dated September 11, 1981, is hereby affirmed.

Disposition

Affirmed.


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