[Adopted 6-4-1996 by Ord.
No. 275 (Ch. 1, Part 5, of the 1990 Code of Ordinances)]
By Act 1 of 1996, the General Assembly amended the Municipal
Claims and Tax Liens Act of May 16, 1923, P.L. 207, No. 153, as amended,
to specifically authorize inclusion of attorneys' fees incurred
in the collection of delinquent accounts as part of a municipal lien.
Act 1 requires that municipalities, by ordinance, adopt a schedule
of attorneys' fees. Act 1 further requires that, prior to imposing
attorneys' fees, the municipality must notify the owner of the
property with the delinquent account by certified mail of the municipality's
intent to recover these fees and the manner by which assessment of
the fees may be avoided by payment of the delinquent account. It is
the intention of the Borough Council in enacting this article to comply
with the requirements of Act 1 of 1996.
Unless otherwise stated, the following words shall, for the
purpose of this article, have the meanings herein indicated:
BOROUGH
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
BOROUGH SOLICITOR
The person or law firm appointed by the Borough Council to
serve as legal counsel to the Borough in accordance with § 1116
of the Borough Code.
DELINQUENT ACCOUNT
Any sums due and owing to the Borough which have not been
paid within the time required by the Borough's ordinances, rules,
regulations or policies, including, but not limited to, charges for
sewer service, water service, removal of nuisances or any other charge
which may lawfully be imposed by the Borough and for which a municipal
claim may be filed.
HOURLY RATE
The hourly fee 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 rate exceed the rate charged by the Borough Solicitor to
the Borough when fees are not reimbursed by or otherwise imposed upon
delinquent customers of the Borough.
The Borough Council specifically authorizes the recovery of
attorneys' 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. The Borough Council authorizes the Borough
Secretary or the Assistant Secretary to take all actions required
by applicable law to enable the Borough to recover attorneys'
fees incurred from the persons responsible for this cost and to include
such attorneys' 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 attorneys' fees incurred
in collection efforts upon such persons.
The Borough shall impose attorneys' 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
times 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
(tenth of hours)
|
---|
Prepare collection warning letter, including review of Borough
information
|
0.4
|
Obtain and review deed of property
|
0.2
|
Prepare certification of amount owing to Borough and transmit
certification to Borough
|
0.3
|
Prepare municipal lien
|
0.5
|
File municipal lien
|
0.2
|
Forward copy of municipal lien to Borough
|
0.2
|
Prepare civil action complaint before Magisterial District Judge
for collection of amount
|
0.7
|
Prepare for and attend hearing before Magisterial District Judge
concerning civil action to collect delinquent account
|
2.5
|
Prepare and file satisfaction of municipal lien
|
0.2
|
The services and minimum times expended by the Borough Solicitor for the services set forth in §
173-4 of this article 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 by §
173-4, it is the intention of the Borough to recover all of its attorneys' fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the Borough to impose and collect the fee, rate, charge or other cost or similar actions.