[Adopted 10-10-2003 by Ord. No. 989]
The Township hereby approves the statement of
collection policies, for delinquent unpaid taxes, user charges and
other items covered by the Municipal Claims Act.
A.
The Township hereby approves the following schedule
of attorneys' fees for services in connection with the collection
of accounts, which is hereby determined to be fair and reasonable
compensation for the services set forth below, all in accordance with
the principles set forth in Section 3(a.1) of the Municipal Claims
Law, as added by Act No. 1 of 1996 (the "Act"):[1]
Legal Services
|
Fee for Service
| |
---|---|---|
Initial review and sending first demand letter
|
$50
| |
File lien and mailing second demand letter
|
$50
| |
Prepare writ of scire facias
|
$75
| |
Obtain reissued writ
|
$50
| |
Prepare and mail letter under Pa.R.C.P. § 237.1
|
$50
| |
Prepare motion for alternate service
|
$50
| |
Prepare motion for summary judgment and related
judgment
|
$75
| |
Prepare writ of execution
|
$75
| |
Attendance at sale; review schedule of distribution
and resolve distribution issues
|
$100
| |
Services not covered above
|
$175 per hour, hourly rate equal to Solicitor's
regular charges to Township
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
B.
There shall be added to the above amounts the reasonable
out-of-pocket expenses of counsel in connection with each of these
services, as itemized in the applicable counsel bills which shall
be deemed to be part of the fees.
C.
The amount of fees determined as set forth above shall
be added to the Township's claim in each account.
The following collection procedures are hereby
established in accordance with Act No. 1:
A.
At least 30 days prior to assessing or imposing attorneys'
fees in connection with the collection of an account, the Township
shall mail or cause to be mailed, by certified mail, return receipt
requested, a notice of such intention to the taxpayer or other entity
liable for the account (the "account debtor").
B.
If within 30 days after mailing the notice in accordance with Subsection A, the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorneys' fees, the Township shall mail or cause to be mailed, by first-class mail, a second notice to such account debtor.
C.
All notices required by this article shall be mailed
to the account debtor's last known post office address as recorded
in the records or other information of the Township, or such other
address as it may be able to obtain from the County Office of Assessment
and Revision of Taxes.
D.
Each notice as described above shall include the following:
(1)
The
type of tax or other charge, the date it became due and the amount
owed, including penalty and interest;
(2)
A
statement of the Township's intent to impose or assess attorneys'
fees within 30 days after the mailing of the first notice, or within
10 days after the mailing of the second notice;
(3)
The
manner in which the assessment or imposition of attorneys' fees may
be avoided by payment of the account; and
(4)
The
place of payment for accounts and the name and telephone number of
the Township official designated as responsible for collection matters.
The proper officials of the Township are hereby
authorized and empowered to take such additional action as they may
deem necessary or appropriate to implement this article.