[HISTORY: Adopted by the Board of Supervisors of the Township of
Mount Joy as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-2001 by Ord. No. CLXXXII]
By Act 1 of 1996, the General Assembly amended the Municipal Claim and
Tax Lien Law 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 Board of Supervisors 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:
The governing body of the Township.
Any sums due and owing to the Township which have not been paid within
the time required by the Township's ordinances, rules, regulations or
policies, including, but not limited to, charges for trash collection, removal
of nuisances, or any other charge which may lawfully be imposed by the Township
and for which a municipal claim may be filed.
The hourly fee charged by the Township Solicitor to the Township
consistent with the ordinary and customary charges by the Township Solicitor
for similar services in the community, but in no event shall the hourly rate
exceed the rate charged by the Township Solicitor to the Township when fees
are not reimbursed by or otherwise imposed upon delinquent customers of the
Township.
The Township of Mount Joy, Lancaster County, Pennsylvania.
The person or law firm appointed by the Board of Supervisors to serve
as legal counsel to the Township in accordance with Section 1101 of the Second
Class Township Code.
The Board of Supervisors specifically authorizes the recovery of attorneys'
fees incurred by the Township in the collection of delinquent accounts from
the person or persons who are responsible for the payment of such delinquent
accounts. The Board of Supervisors authorizes the Township Secretary or the
Assistant Secretary to take all actions required by applicable law to enable
the Township 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 Township to impose attorneys' fees
incurred in collection efforts upon such persons.
The Township shall impose attorneys' fees upon persons who have
delinquent accounts in accordance with the following schedule of the minimum
time required by the Township Solicitor for the listed service times the hourly
rate of the Township Solicitor in effect at the time the Township Solicitor
performed the service on behalf of the Township:
|
Service
|
Minimum Time
(tenth of hours)
|
|---|---|
|
Prepare collection warning letter, including review of Township information
|
0.4
|
|
Obtain and review deed of property
|
0.2
|
|
Prepare certification of amount owing to Township and transmit certification
to Township
|
0.3
|
|
Prepare municipal lien
|
0.5
|
|
File municipal lien
|
0.2
|
|
Forward copy of municipal lien to Township
|
0.2
|
|
Prepare civil action complaint before District Justice for collection
of account
|
0.7
|
|
Prepare for and attend hearing before District Justice 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 Township Solicitor for the services set forth in § 3-4 of this article are based upon the experience of the Township Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Township Solicitor to perform additional or more time consuming services than contemplated by § 3-4, it is the intention of the Township 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 Township to impose and collect the fee, rate, charge or other cost or similar actions.
