[Ord. 00064, 1/14/2013, § 1]
Unless otherwise stated, the following words shall, for the
purpose of this Part, have the meanings herein indicated:
The Borough of Akron, Lancaster County, Pennsylvania.
The persons or law firms appointed by Council to serve as
legal counsel to the Borough in accordance with the Borough Code.
Any sums due and owing to the Borough which have not been
paid within the time required by the Borough's ordinances, resolutions,
rules, regulations or policies, including, but not limited to, taxes,
streetlight taxes, sanitary sewer charges and fees, potable water
charges and fees, removal of nuisances, refuse collection, recovery
of charges under the Pennsylvania Municipalities Planning Code and
the Borough's Stormwater Management Code, or any other charge
which may lawfully be imposed by the Borough and for which a municipal
claim may be filed.
The hourly rates, costs and expenses charged by the Borough
Solicitor to the Borough consistent with the ordinary and customary
charges by the Borough Solicitor for similar services in the community,
but in no event shall the hourly rates, costs and expenses exceed
the rate charged by the Borough Solicitor to the Borough when fees,
costs and expenses are not reimbursed by or otherwise imposed upon
delinquent customers of the Borough.
[Ord. 00064, 1/14/2013, § 1]
Akron Borough specifically authorizes the recovery of attorney
fees incurred by the Borough in the collection of delinquent accounts
from the person or persons who are responsible for the payment of
such delinquent accounts. Akron Borough Council authorizes the Borough
Secretary or other person designated by resolution of Akron Borough
Council, from time to time, to take all actions required by applicable
law to enable the Borough to recover attorney fees incurred from the
persons responsible for payment cost and to include such attorney
fees in municipal claims. This authorization includes, but is not
limited to, sending notification to such persons of the intention
of the Borough to impose attorney fees incurred in collection efforts
upon such persons.
[Ord. 00064, 1/14/2013, § 3]
The Borough shall impose attorney fees upon persons who have
delinquent accounts in accordance with the following schedule of the
minimum time required by the Borough Solicitor for the listed service
multiplied by the hourly rate of the Borough Solicitor in effect at
the time the Borough Solicitor performed the service on behalf of
the Borough:
|
Service
|
Minimum Time
(tenths of an hour)
|
|---|---|
|
Prepare collection warning letter, including review of Borough
information
|
0.75
|
|
Obtain and review deed of property
|
0.5
|
|
Prepare certification of amount owing to Borough and transmit
certification to Borough
|
0.5
|
|
Prepare municipal lien
|
1.0
|
|
File municipal lien
|
0.35
|
|
Forward copy of municipal lien to Borough
|
0.2
|
|
Prepare civil action complaint before Magisterial District Justice
for collection of account
|
0.75
|
|
Prepare for and attend hearing before Magisterial District Justice
concerning civil action to collect delinquent account
|
2.5
|
|
Prepare and file satisfaction of municipal lien
|
0.5
|
[Ord. 00064, 1/14/2013, § 1]
The services and minimum times expended by the Borough Solicitor for the services set forth in § 14-103 above are based upon the experience of the Borough Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Borough Solicitor to perform additional or more time consuming services than contemplated in § 14-103, it is the intention of the Borough to recover all of its attorney fees and expenses so incurred, and such recovery is hereby authorized. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power.
[Ord. 00064, 1/14/2013, § 1]
1.
Interest will be charged at a rate of 10% per annum on all municipal
claims from the date of completion of the work after it is filed as
a lien, and on all claims for taxes, water rents or rates, lighting
rates, sewer rents or rates, and for all other claims from the date
the payment is delinquent, which shall be after 30 days following
billing when not otherwise specified in the Part.
2.
This Part is meant to supplement, but not supersede, other sections
of the Code or other legislation specifically allowing for the collection
of attorney fees and expenses.
