[Adopted by the Board of Commissioners of the Township of Swatara 12-14-1994 by Ord. No. 1994-11 (Ch. 1, Part 9, of the 1990 Code); amended in its entirety 3-12-2008 by Ord. No. 2008-3. Subsequent amendments noted where applicable.]
[Amended 7-9-2008 by Ord. No. 2008-6; 12-3-2008 by Ord. No. 2008-11; 5-11-2011 by Ord. No. 2011-6; 12-14-2011 by Ord. No. 2011-12; 2-1-2012 by Ord. No. 2012-2; 3-13-2013 by Ord. No. 2013-5; 2-12-2014 by Ord. No. 2014-2; 5-7-2014 by Ord. No. 2014-4; 1-14-2015 by Ord. No. 2015-1; 5-13-2015 by Ord. No. 2015-9]
[Added 11-9-2016 by Ord. No. 2016-10]
This section shall be known as the "Cost of Collections Ordinance."
Hereinafter, for every delinquent claim, charge, tax assessment, levy or obligation owed to Swatara Township, there shall be added to such claim, charge, tax, assessment, levy or obligation such attorneys' fees, charges, and expenses incurred in the collection process subsequent to proper notification to taxpayers of the intent to impose attorneys' fees on delinquent obligations. Such additional charges shall be collected in addition to such interest and penalties as are allowed by law. The additional charges shall further be collected in the same manner and with the full authority as other municipal claims of any nature, and shall be deemed to be a municipal claim for purposes of collection and obtaining a lien on property.
Such fees shall be reasonable and the same established in Resolution 2016-39. Said schedule of fees is hereby deemed to be reasonable, fair, and necessary in order to allow Swatara Township to collect such amounts due. The fees established in Resolution 2016-39 may be amended from time to time.
Any person or entity empowered to collect amounts on behalf of Swatara Township is directed to add such fees as are incurred to the extent allowed and set forth in Resolution 2016-39.
Attorneys' fees incurred to the extent set forth in Resolution 2016-39 shall be added to all unpaid municipal claims of any nature arising or imposed subsequent to the effective date of this section which become delinquent or are predetermined to be delinquent subsequent to the effective date of this section. Prior to the time when such fees are added to any underlying claim, Swatara Township or its designated agent shall first give the taxpayer such notice as required by law. Swatara Township or its designated agent shall so notify the taxpayer by sending such notice to the taxpayer's last known address by mailing notices in substantially the forms of notice as are attached as Exhibits A and B in accordance with the statutes cited herein.
Editor's Note: Exhibits A and B are on file in the Township offices.
All ordinances or parts of ordinances which are inconsistent with this section shall be superseded by this section.
If any sentence, clause, section or part of this section is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this section. It is hereby declared as the intent of the Board of Commissioners that this section would have been adopted had such unconstitutional, illegal or invalid sentence, clause, or part thereof not been included herein.