Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chambersburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-28-1982 by Ord. No. 82-5]

§ 186-1 Interest rate.

The interest rate to be collectible on all municipal claims from the date of the completion of the work, after it is filed as a lien, and on claims for taxes, water rents or rates, lighting rates or sewer rates, and claims for other municipal services from the date of filing of the lien therefor, shall be at a rate of 10% annually, unless otherwise specified by Town Council.
[Adopted 5-28-1997 by Ord. No. 97-8]

§ 186-2 Authorization of assessment of attorney fees pursuant to Municipal Claims Act. [1]

[Amended 7-11-2011 by Ord. No. 2011-07]
In the collection of municipal claims and assessments covered by the Pennsylvania Municipal Claims Act, the Borough shall collect reasonable attorney fees incurred in the collection of municipal claims in addition to the other collection fees, penalties and expenses, in accordance with the Borough policies and the provisions of the Municipal Claims Act, as amended.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.

§ 186-3 Adoption of fee schedule.

[Amended 7-11-2011 by Ord. No. 2011-07]
In accordance with the principals set forth in the Municipal Claims Act, as amended, the schedule of attorney fees for services in connection with the collection of municipal claims shall be established by resolution from time to time, and such fees are determined to be fair and reasonable compensation for the services set forth therein. The fees shall be added to the municipal claims and included in liens filed in accordance with the Municipal Claims Act.

§ 186-4 Procedure for assessment of fees.

[Amended 7-11-2011 by Ord. No. 2011-07]
Prior to the assessment and collection of attorney fees or expenses by the Borough, the Borough must perform the following:
A. 
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of a municipal claim, the Borough shall, by United States certified mail, mail to the owner of the property at the last known address, as well as any other person or entity for the account (if not the same), the notice set forth in Subsection C below.
B. 
If within 30 days after mailing the notice in accordance with Subsection A above, the certified mail is refused or unclaimed or the return receipt is not received, then 10 days prior to assessing or imposing attorney fees in connection with the collection of a municipal claim, the Borough shall, by United States first-class mail, mail to the owner of the property, as well as any party or entity liable on the account (if not the same), a second notice as set forth below.
C. 
Each notice as described above shall include the following:
(1) 
The type of claim or other charge, the date it became due and the amount owed, including penalty and interest;
(2) 
A statement of the Borough’s intent to impose or assess attorney fees within 30 days after mailing the first notice, or 10 days after mailing of the second notice;
(3) 
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
(4) 
The place of payment for municipal claims and the name and telephone number of the Borough official designated as responsible for the collection matters.

§ 186-5 Fees to be lien on property.

The attorney fees imposed in accordance with this article shall be a lien on the benefited property together with all other charges, expenses and fees incurred in the collection of any delinquent account.

§ 186-6 Sale of property.

Upon the sale of any real estate on which a lien established by this article has been attached, the Borough Solicitor shall certify to the Sheriff the amount of such lien prior to the preparation of the Sheriff's schedule of distribution of sale proceeds.

§ 186-7 When effective; applicability.

This article shall become effective in accordance with law and shall apply to all claims filed after December 19, 1990.