All fees, rents, charges, penalties, fines or any other money
owed to the Township under this Code or Township resolution and not
paid on or before the 30th calendar day after the billing/notice date
of the fee, rent, charge, penalty, fine or any other money owed shall
be deemed to be delinquent and subject to a penalty of 5%. It shall
be the duty of the Township to proceed to collect such delinquent
fees, charges, penalties, fines and any other money owed together
with costs accrued thereon, including attorneys' fees, by action
at law and/or by filing a lien or liens for the same in the office
of the Prothonotary of the Court of Common Pleas of Chester County,
Pennsylvania, and such liens, together with costs, and interest accrued
thereon, including attorneys' fees, shall be filed and collected
in accordance with the law. Interest in the amount of 10% per annum
shall begin to accrue on the date of the filing of a lien.
A.
The following collection procedures are hereby established in accordance
with the Municipal Claims Law.[1]
(1)
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Township 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").
(2)
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 attorney fees, the Township shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
(3)
All notices required by this chapter shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Township, and verified from the County
Office of Assessment and Revision of Taxes.
(4)
Each notice as described above shall include the following:
(a)
The type of tax or other charge, the date it became due and
the amount owed, including penalty and interest.
(b)
A statement of the Township's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice.
(c)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account.
(d)
The place of payment for accounts and the name and telephone
number of the Township official designated as responsible for collection
matters.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
Appeals.
(1)
A challenge to an invoice/bill/notice for any fee, rent, charge,
penalty, fine or any other money owed to the Township under this Code
or Township resolution shall be filed with the Township in accordance
with this section set forth below no later than 30 days from the mailing
date of said invoice/bill/notice. Notice of an appeal shall be delivered
to the Township by United States mail, postage prepaid, or by acceptance
of service by an authorized representative at the Township building.
Each appeal shall include the following:
(2)
The Township shall, no later than 60 days from receipt of the notice
of appeal, make a determination on the appeal or issue a request for
further information or documentation in support of the appeal. If
the Township requests further information or documentation, the Township
shall, no later than 60 days from receipt of the requested information
or documentation, make a determination on the appeal.
(3)
Any individual or entity aggrieved by a final determination by the
Township who has a direct interest in such determination shall have
the right to appeal to the Chester County Court of Common Pleas in
accordance with the Local Agency Appeal Law, 2 Pa.C.S.A § 105.
