[HISTORY: Adopted by the Borough Council
of the Borough of Malvern as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-19-2000 by Ord. No. 2000-6]
[Amended 8-16-2005 by Ord. No. 2005-4]]
A. The Borough Council of Malvern hereby ordains that
the Malvern Borough Permit and Licensing Schedule shall be established
by resolution, from time to time, by the Borough of Malvern and available
at Malvern Borough Hall for inspection.
B. The Borough may, from time to time, by resolution,
enact and revise fees required and collected by the Borough.
[Added 10-4-2005 by Ord. No. 2005-5]
This Amendatory Ordinance shall be effective
upon the first day of the first fiscal year following adoption hereof,
and shall continue from year to year unless and until amended, revoked
or superseded by a subsequent ordinance specifically providing for
the same.
[Adopted 1-16-2001 by Ord. No. 2001-4;
amended 11-1-2016 by Ord. No. 2016-15]
The Borough hereby adopts a schedule of attorneys' fees
("Schedule of Fees") which shall apply and be imposed on and in connection
with the collection of all municipal claims/liens, as defined in and
permitted by the Municipal Claim and Tax Lien Law, 53 P.S. § 7101,
et seq., and as may permitted by any other enabling legislation, ordinance,
or act, from persons and property owing such municipal claims/liens.
The imposition of any attorneys' fees under this Section shall
be in accordance with the requirements of the Municipal Claim and
Tax Lien Law relating to notice to the owner(s) of the subject property(ies),
if applicable.
[Amended 2-7-2006 by Ord. No. 2006-2; 3-16-2010 by Ord. No.
2010-1]
The Schedule of Fees which follows is determined to be fair
and reasonable compensation for the services set forth below:
Schedule of Fees
|
---|
Legal Services
|
Fees
|
---|
Filing of lien and/or municipal claim
|
$185
|
Title search
|
$350 (or actual rate charged by a title insurance agent to perform
such service)
|
Preparation and service of writ of scire facias
|
$500
|
Required additional notice and presentation of related motions
regarding federal tax liens, judgments, and mortgages
|
$185
|
Alternative service of legal pleading
|
$350
|
Entry of judgment
|
$185
|
Preparation of writ of execution and attendance at initial Sheriff's
sale
|
$875
|
Review of schedule of distribution and resolving of distribution
issues
|
$700
|
Preparation of installment payment agreement at taxpayer's/owner's
expense
|
$350
|
Services not covered by the above
|
$135/hour, Attorney
$75/hour, Paralegal
|
In addition to the fees listed above, there
shall be added to any of the above amounts imposed, any and all reasonable
out-of-pocket expenses of counsel in connection with each of these
services, including any and all costs and/or fees of the Chester County
Prothonotary and/or Sheriff. The amount of the fees and/or costs determined
to be applicable to a particular delinquent account, shall be added
to said account.
Interest, at the rate of 10% per annum, or at such other rate
or amount of interest that is the maximum interest permitted by applicable
law from time to time if different, shall be imposed, assessed, and
collected on all municipal claims/liens filed by or on behalf of the
Borough. Said interest shall be imposed, assessed, and collected on
the total sum or amount due and owing or on the sum or amount remaining
due and owing after partial payment thereon until the full and total
amount of the subject municipal claim/lien, including any interest
accrued thereupon, is paid in full.
The words, phrases, and provisions of this article shall be
liberally construed to effectively carry out the purposes that are
hereby found and declared to be in the furtherance of the public health,
safety, welfare, and convenience.
Any ordinance, resolution, regulation, and/or code sections
or parts thereof in conflict herewith are hereby repealed to the extent
of such conflict. All other provisions of any ordinance, resolution,
regulation, and/or code sections or parts thereof not in conflict
herewith shall remain in full force and effect.
The provisions of this article are hereby declared to be severable.
If any article, section, subsection, paragraph, clause, phrase, and/or
provision of this article shall be held to be or declared to be invalid
or unconstitutional, in whole or in part, the same shall not affect
the validity of this article as a whole or any parts or provisions
hereof other than the part(s) or provision(s) which are expressly
determined to be invalid or unconstitutional.