[HISTORY: Adopted by the Mayor and Council
of the Borough of Chambersburg as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-28-1982 by Ord. No. 82-5]
The interest rate to be collectible on all municipal
claims from the date of the completion of the work, after it is filed
as a lien, and on claims for taxes, water rents or rates, lighting
rates or sewer rates, and claims for other municipal services from
the date of filing of the lien therefor, shall be at a rate of 10%
annually, unless otherwise specified by Town Council.
[Adopted 5-28-1997 by Ord. No. 97-8]
[Amended 7-11-2011 by Ord. No. 2011-07]
In the collection of municipal claims and assessments
covered by the Pennsylvania Municipal Claims Act, the Borough shall
collect reasonable attorney fees incurred in the collection of municipal
claims in addition to the other collection fees, penalties and expenses,
in accordance with the Borough policies and the provisions of the
Municipal Claims Act, as amended.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Amended 7-11-2011 by Ord. No. 2011-07]
In accordance with the principals set forth
in the Municipal Claims Act, as amended, the schedule of attorney
fees for services in connection with the collection of municipal claims
shall be established by resolution from time to time, and such fees
are determined to be fair and reasonable compensation for the services
set forth therein. The fees shall be added to the municipal claims
and included in liens filed in accordance with the Municipal Claims
Act.
[Amended 7-11-2011 by Ord. No. 2011-07]
Prior to the assessment and collection of attorney
fees or expenses by the Borough, the Borough must perform the following:
A.
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of a municipal claim, the Borough shall, by United States certified mail, mail to the owner of the property at the last known address, as well as any other person or entity for the account (if not the same), the notice set forth in Subsection C below.
B.
If within 30 days after mailing the notice in accordance with Subsection A above, the certified mail is refused or unclaimed or the return receipt is not received, then 10 days prior to assessing or imposing attorney fees in connection with the collection of a municipal claim, the Borough shall, by United States first-class mail, mail to the owner of the property, as well as any party or entity liable on the account (if not the same), a second notice as set forth below.
C.
Each notice
as described above shall include the following:
(1)
The
type of claim or other charge, the date it became due and the amount
owed, including penalty and interest;
(2)
A statement
of the Borough’s intent to impose or assess attorney fees within
30 days after mailing the first notice, or 10 days after mailing of
the second notice;
(3)
The
manner in which the assessment or imposition of attorney fees may
be avoided by payment of the account; and
(4)
The
place of payment for municipal claims and the name and telephone number
of the Borough official designated as responsible for the collection
matters.
The attorney fees imposed in accordance with
this article shall be a lien on the benefited property together with
all other charges, expenses and fees incurred in the collection of
any delinquent account.
Upon the sale of any real estate on which a
lien established by this article has been attached, the Borough Solicitor
shall certify to the Sheriff the amount of such lien prior to the
preparation of the Sheriff's schedule of distribution of sale proceeds.
This article shall become effective in accordance
with law and shall apply to all claims filed after December 19, 1990.
