[Adopted 2-23-1999 by Ord. No. 1999-2]
By Act 1 of 1996, the General Assembly amended
the Municipal Claims and Tax Liens Law, Act of May 16, 1923, P.L.
207, No. 153, as amended,[1] to specifically authorize inclusion of attorney's 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 attorney's fees. Act 1 further requires that, prior to imposing
attorney's 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.
[1]
Editor's Note: See 53 P.S. § 7101
et seq.
Unless otherwise stated, the following words
shall, for the purpose of this article, have the meanings herein indicated:
The Borough of Millersville, Lancaster County, Pennsylvania.
The governing body of the Borough.
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.[1]
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
water rates, sewer rates, trash collection, removal of nuisances or
any other charge which may lawfully be imposed by the Borough and
for which a municipal claim may be filed.
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.
[1]
Editor's Note: See 53 P.S. § 46116.
The Borough Council specifically authorizes
the recovery of attorney's 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 Assistant Secretary to take all actions required
by applicable law to enable the Borough to recover attorney's fees
incurred from the persons responsible for this cost and to include
such attorney's 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's fees incurred in collection
efforts upon such persons.
The Borough shall impose attorney's 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
(tenths 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 account
|
0.7
|
|
Prepare for and attend hearing before Magisterial
District Judge concerning civil action to collect delinquent account
|
1.5
|
|
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 § 334-25 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 in § 334-25, it is the intention of the Borough to recover all of its attorney's 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.
