Township of Upper Merion, PA Chapter 4 Attorneys' Fees

[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township 5-2-1996 by Ord. No. 96-646. Amendments noted where applicable.]

§ 4-1 Legal service fees.

In the event that the Solicitor renders services in connection with the collection of delinquent accounts for this township pursuant to the Municipal Claim and Tax Lien Law, as amended, the schedule of attorneys' fees shall be as follows:

A. A fee of $60 for the preparation and filing of a municipal lien and the preparation and filing of a satisfaction of a municipal lien.

B. Additional legal services rendered in connection with the collection of delinquent accounts shall be at the then-current hourly rate that the Township Solicitor charges the township for the time devoted to collection efforts by the Solicitor.

§ 4-2 Appeal of fees.

The owner may petition the Court of Common Pleas of Montgomery County, being the county in which the property subject to the municipal claim and lien is located, to adjudicate the reasonableness of the attorneys' fees imposed.

§ 4-3 Notification of assessment.

At least 30 days prior to assessing or imposing attorney fees in connection with the collection of a delinquent account, the township shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner the notices as set forth hereafter.

§ 4-4 Subsequent notification of assessment.

If within 30 days of mailing the notice in accordance with the foregoing section the certified mail is refused or unclaimed, or the return receipt is not received, then at least 10 days prior to assessing or imposing attorneys' fees in connection with the collection of a delinquent account, the township shall, by United States first class mail, mail to the owner the notice required hereafter.

§ 4-5 Contents and purpose of notice.

The notice shall be mailed to the owner's last known post office address and shall state that it is the intention of this municipality to impose or assess attorneys' fees within 30 days of mailing the notice pursuant to § 4-3 hereof, or within 10 days of the mailing and the notice pursuant to § 4-4 hereof, for services rendered in connection with the collection of the delinquent accounts due to the township and providing for notices and opportunity for hearing, together with a statement setting forth the manner in which the imposition or assessment of attorneys' fees may be avoided by payment of the delinquent account.