[HISTORY: Adopted by the Board of Supervisors of the Township of
Dickinson as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-2000 by Ord. No. 2-2000]
The background of this article and the legislative intention of the
Board of Supervisors (“Board”) in enacting it are as follows:
A.
The Township of Dickinson is a municipal township of
the second class.
B.
The expense of enforcement and collection of municipal
claims, including the filing, satisfaction and revival of liens, constitute
a demand on the Township’s financial resources.
C.
Act I of 1996 amends the Municipal Claim and Lien Law
(hereinafter “the Act”), Act of May 16, 1923, P.L. 207, § 3,
as amended, 53 P.S. § 7106, to permit second class townships, or
their assigns, to recover reasonable attorney’s fees in connection with
the collection of municipal claims as defined under the Act from the persons
and property owing such claims.
D.
The Act requires that the Board approve a schedule of
reasonable attorney’s fees.
E.
The Board desires to exercise such legal authority in
order to encourage timely payment of municipal claims.
F.
The Board has determined that it is in the best interest
of all taxpayers and other residents to have vigorous enforcement of all delinquent
charges, utilizing the procedure set forth in the Act, except in the cases
of serious hardship, which the Board of Supervisors will address on a case-by-case
basis pursuant to uniform policies.
G.
The Board has reviewed the subject of attorney’s
fees for collection matters, and has determined that the fees set forth in
this schedule hereby adopted are reasonable in amount for the services herein
described.
The Board hereby determines that the schedule of charges for reasonable
attorney’s fees shall be as follows:
|
Legal Services
|
Fee For Services
|
|---|---|
|
To prepare and file any complaint or claim before a District Justice
|
$90
|
|
To prepare and file a municipal lien with the Prothonotary of Cumberland
County
|
$90
|
|
To prepare and file a release of municipal lien with the Prothonotary
of Cumberland County
|
$60
|
|
Title search
|
$250
|
A.
A minimum charge of $90 and a charge per hour of $90,
pro rata thereafter, for court appearance before a District Justice or any
court of competent jurisdiction for any matter related to preparation for
and pursuit of any litigation or for services related to any other municipal
claim authorized by law.
B.
There shall be added to the above amounts the reasonable
out-of-pocket expenses of counsel in connection with each of these services,
including Sheriff’s and Prothonotary’s costs.
C.
The amount of fees determined as set forth above shall
be added to the Township’s claim in each matter.
The Township Solicitor, or designated agents thereof, are hereby authorized to claim reasonable attorney’s fees according to the schedule in § 82-2.
