[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 12-15-1997 by Ord. No. 474. Amendments noted where applicable.]
The Borough of Lehighton (hereinafter referred to as "the borough") hereby approves the following Schedule of Attorney Fees for services in connection with the collection of unpaid and delinquent charges for municipal services provided by the borough, which is 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 the Act:
Editor's Note: See 53 P.S. § 7106(a.1).
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.
The amount of fees determined as set forth above shall be added to the borough's claim or lien for unpaid and delinquent charges for municipal services in each instance.
The following collection procedures are hereby established in accordance with the Act:
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of any unpaid and delinquent charges for municipal services, the borough shall mail, or cause to be mailed, by certified mail, return receipt requested, a notice of intent to assess attorney fees, as described in Subsection D below, to the individual or other entity liable for the unpaid and delinquent charges for municipal services (hereinafter referred to as "the account debtor").
If the certified mail described in Subsection A above is returned marked "refused" or "unclaimed," then, at least 10 days prior to the assessing or imposing of attorney fees, the borough shall mail, or cause to be mailed, by first class mail, a second notice to the account debtor.
All notices required by this chapter shall be mailed to the account debtor's last known post office address by virtue of the knowledge and information possessed by the borough.
Each notice of intent to assess attorney's fees as described above shall include the following:
The nature of the unpaid and delinquent charges for municipal services, the date it became due and the amount owed, including any applicable penalties and interest;
A statement of the borough's intent to impose or assess attorney fees at the expiration of 30 days after the mailing of the first notice, or at the expiration of 10 days after the mailing of the second notice, if applicable;
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the unpaid and delinquent charges for municipal services; and
The place for payment of the unpaid and delinquent charges for municipal services and the name and telephone number of the individual designated by the borough as responsible for collection of unpaid and delinquent charges for municipal services.