[HISTORY: Adopted by the Board of Supervisors of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-2-2009 by Ord. No. 121]
As authorized by the Municipal Claims and Tax Liens Act (53 P.S. § 7101 et seq., as may be hereafter amended), in the case that any municipal claim, municipal lien, tax or tax claim in favor of the Township shall become delinquent, all of the charges, expenses and fees incurred in the collection of such a delinquent account, including reasonable attorneys fees as set forth herein, shall be added to the said lien on the subject property for failure to pay promptly.
The attorneys fees to be charged hereunder shall be such reasonable fees and charges as are sufficient to compensate the attorneys undertaking collection and representation of the Township, or its assignee, in any actions involving a municipal claim, municipal lien, tax or tax claim. Such fees shall be based on the following:
A. 
The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to properly undertake collection and representation of the Township in such actions.
B. 
The customary charges of members of the bar for similar services. In the case that the Solicitor shall be the attorney, the rate of compensation shall not necessarily be limited to the hourly fee that is charged to the Township by the Solicitor for general representation, but shall be the customary charge for such services.
C. 
The amount of the delinquent account collected and the benefit to the Township from the attorney's services.
D. 
The contingency or the certainty of the compensation.
E. 
A maximum hourly rate for attorneys of $225 per hour, and a maximum hourly rate for paralegals or other professionals assisting the attorney of $125 per hour.
Other fees and expenses to be charged against the property under this article shall include but not be limited to:
A. 
Costs of service of process.
B. 
Costs of record keeping and accounting necessary to determine the amount of the fees to be charged.
C. 
Costs of execution on the lien.
D. 
Filing fees, sheriff's fees and costs, recording fees and other such fees.
A. 
At least 30 days prior to assessing attorney fees in connection with the collection of a delinquent account as set forth in this article, the Township shall serve by United States certified mail, return receipt requested, postage prepaid, a notice to the owner of the property at his last known address according to the knowledge of the Township and the county office responsible for assessments and revisions of taxes, setting forth the following:
(1) 
A statement of the Township's intent to impose attorneys fees within 30 days of the mailing date of the notice; and
(2) 
Setting forth the manner in which the imposition of attorneys fees may be avoided by paying the delinquent account.
B. 
Should the certified mail notice be returned as unclaimed or the return receipt not be received within 30 days of mailing, a second notice shall be sent by regular first class mail, containing the same information as set forth above, except that the statement of intent shall state that the Township intends to impose the attorneys fees within 10 days of the mailing of the second notice.