[HISTORY: Adopted by the Council of the Borough of Punxsutawney as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2005 by Ord. No. 1056]
This article shall apply to all municipal claims allowed and authorized
by the law of the commonwealth to be assessed by the Borough, including but
not limited to liens for taxes and for municipal improvements, for the removal
of nuisances, and for water rents or rates, sewage rates, lighting rates and
power rates to the fullest extent authorized by law (hereinafter "delinquent
accounts"), whether heretofore or hereafter assessed or filed.
The following Schedule of Attorney Fees is to be utilized and followed
in the assessment of attorney fees in the collection of any delinquent account,
and the corresponding fees shall be added and included in the collection of
the same at the time of the filing of the municipal claim by or for the Borough
or assume thereafter as may be convenient or proper;
|
Claim Amount
|
Attorney Fees
|
|---|---|
|
Under $1,000
|
$250
|
|
$1,000 to $2,500
|
$500
|
|
$2,501 to $5,000
|
$1,000
|
|
$5,001 to $7,500
|
$1,500
|
|
$7,501 to $10,000
|
$2,000
|
|
$10,001 to $25,000
|
$2,500
|
|
Over $25,000
|
10% of the claim amount
|
Prior to assessing or imposing attorney fees in connection with the
delinquent account, the Borough shall provide notice of the Borough's
intention to assess or impose attorney fees in connection with this article
as may be required by the act of May 16, 1923, P.L. 207, Number 153, as amended
or supplemented, 53 P.S. § 7106 et seq.
In all proceedings where a municipal claim is filed as a lien against
real property for delinquent accounts which are the subject of this article,
interest equal to 10% per annum shall be assessed and accrue on the claim
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,
from the date of the filing of the lien therefor, provided, however, that
if a municipal claim is filed arising out of a municipal project which required
the Borough to issue bonds to finance the project, interest shall accrue and
be collectible on such claim at the rate of interest of the bond issue or
at the rate of 12% per annum, whichever is less. No notice prior to the assessment
or imposition of interest as set forth herein shall be required. Such interest
shall be added to the municipal claim and collected therewith.
In all proceedings where a municipal claim is filed as a lien against
real property for delinquent accounts which are subject to this article, a
penalty equal to 5% of the delinquent account shall be added to the municipal
claim and collected therewith when the delinquent account remains unpaid for
90 days after the assessment shall have been levied or soon thereafter as
may be convenient or proper. No notice prior to the assessment or the imposition
of a penalty as set forth herein shall be required.
