[Adopted 12-30-1985 by Ord. No. 738]
[Amended 2-13-1991 by Ord. No. 779; 12-10-2008 by Ord. No.
894]
A service charge for the collection and disposal
of garbage, rubbish, refuse and recyclables from each residential
dwelling unit shall be established on an annual basis at a rate to
be determined by the Board of Commissioners of Springfield Township.
Such service charge shall be set by resolution of the Board and paid
in advance, each calendar year, by the property owner of record of
any residential building containing one or more dwelling units. Each
dwelling unit shall be charged a separate service charge for collection
and disposal services.
The service charge for the collection and disposal
of garbage, rubbish and refuse shall not apply to commercial and industrial
establishments and/or apartment units exceeding three dwelling units,
where refuse collection and disposal services are not provided.
All bills for the collection of this service
charge or fee shall be forwarded to affected property owners at such
time and in such manner as may be directed by the Township Board of
Commissioners.
[Amended 8-8-1990 by Ord. No. 777; 2-13-1991 by Ord. No.
779; 5-8-1996 by Ord. No. 817]
A.
A discount of 2% from the full amount of the bill
shall be granted if paid within 60 days after the date of the bill.
The face amount of the bill shall be paid during the next 60 days
following the end of the discount period. If said bills are not paid
on or before the date referred to above, a penalty of 10% shall be
added. Any unpaid refuse fee at the end of the calendar year, together
with interest at the rate of 10% per annum calculated in accordance
therewith, penalties to the extent permitted by law, and all delinquent
costs, shall be a lien on the property served, which may be collected
by action in assumpsit, by distress and/or by lien filed in the nature
of a municipal claim and/or by termination of services as and to the
extent permitted by law. In addition, any costs and/or attorney's
fees incurred by Springfield Township shall be added to the unpaid
refuse fee, along with the penalties and interest as set forth above,
and the aggregate of the same shall be entered as a lien on the property
served. Said costs and/or attorney's fees shall be established by
ordinance by the Board of Commissioners.
[Amended 6-8-2011 by Ord. No. 911]
B.
The following fee schedule shall be set to pay legal
counsel for representation in proceedings to recover any delinquent
municipal claim. The Township approves these fees and finds them fair
and reasonable for the services to be rendered and shall impose them
upon the property owner in proceedings to recover delinquent municipal
claims, together with any additional expenses.
|
Action
|
Legal Fee
|
|---|---|
|
Open file and send demand letter
|
$135.00
|
|
File lien and send second letter
|
$125.00
|
|
Prepare and file writ of scire facias
|
$125.00
|
|
Reissue writ
|
$25.00
|
|
Prepare and mail correspondence per Pa. R. C.
P. § 237.1
|
$25.00
|
|
Motion for alternate service
|
$175.00
|
|
Motion for summary judgment
|
$175.00
|
|
Prepare and file default judgment
|
$125.00
|
|
Prepare and file writ of execution for sheriff
sale With sale
|
$600.00 $400.00
|
|
Charge for check which does not clear
|
$25.00
|
|
Miscellaneous litigation
|
Hourly rate not to exceed $135.00 per hour
|
C.
Adjudication. 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 attorney's fees imposed.
[Added 7-13-2005 by Ord. No. 872]
D.
Notices. 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.
[Added 7-13-2005 by Ord. No. 872]
E.
Refusal of mail. If within 30 days of mailing the
notice in accordance with the foregoing subsection, the certified
mail is refused or unclaimed, or the return receipt is not received,
then at least 10 days prior to assessing or imposing attorney's 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.
[Added 7-13-2005 by Ord. No. 872]
F.
Contents of notice. This notice shall be mailed to the owner's last known post office address; shall state that it is the intention of this Township to impose or assess attorney's fees within 30 days of mailing the notice pursuant to Subsection D, hereof, or within 10 days of the mailing and the notice pursuant to Subsection E, 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 attorney's fees may be avoided by payment of the delinquent account.
[Added 7-13-2005 by Ord. No. 872]
