[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-22-2002 by Ord. No. 2002-3]
The Borough hereby approves the statement of collection policies
for delinquent unpaid taxes, user charges and other items covered
by the Municipal Claims Act[1] (accounts), as presented to this meeting, and which is
to be filed with the enacted counterpart of this article.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
The Borough hereby approves the following schedule of attorney fees
for services in connection with the collection of accounts, which
is hereby determined to be fair and reasonable compensation for the
services set forth below, all in accordance with the principles set
forth in Section 3(a.1) of the Municipal Claims Law[1] as amended by the Act:
|
Legal Services
|
Fee for Service
| |
|---|---|---|
|
Initial review and send first demand letter
|
$50
| |
|
File lien and mailing second demand letter
|
$150
| |
|
Prepare and serve writ of scire facias
|
$400
| |
|
Obtain reissued writ
|
$100
| |
|
Prepare and mail letter under Pa.R.C.P. § 237.1
|
$50
| |
|
Prepare and file motion for alternate service
|
$150
| |
|
Prepare motion for summary judgment and related judgment
|
$150
| |
|
Prepare writ of execution; attendance at sale; review schedule
of distribution and resolve distribution issues
|
$1,000
| |
|
Services not covered above
|
Hourly amount equal to Solicitor's regular charges to Borough
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
B.
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, as
itemized in the applicable counsel bills, which shall be deemed to
be part of the fees.
C.
The amount of fees determined as set forth above shall be added to
the Borough's claim in each account.
The following collection procedures are hereby established in
accordance with the Act:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough shall mail
or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the account (the account debtor).
B.
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing of such attorneys' fees, the Borough shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
C.
All notices required by this article shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Borough or such other address as it may
be able to obtain from the County Board of Assessment Appeals.
D.
Each notice as described shall include the following:
(1)
The type of tax 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 attorneys'
fees within 30 days after the mailing of the first notice, or within
10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of attorneys' fees
may be avoided by payment of the account; and
(4)
The place of payment for accounts and the name and telephone number
of the Borough official designated as responsible for collection matters.
E.
To each municipal lien duly filed by the Borough of Jenkintown in
accordance with the provisions of any Borough ordinance and pursuant
to the Municipal Claims and Tax Liens Law, 53 P.S. § 7143,
there shall be added interest at the rate of 10% per annum, calculated
in accordance therewith.
[Added 9-26-2011 by Ord. No. 2011-3]
The proper officials of the Borough are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this article.
