[Ord. 2015-04, 12/16/2015]
The Borough of Conshohocken hereby approves the statement of
collection policies for delinquent unpaid taxes, user charges and
other items covered by the Municipal Claims Act ("accounts"), as presented to this meeting, and which
is to be filed with the enacted counterpart of this Part.
[Ord. 2015-04, 12/16/2015]
1. The Borough of Conshohocken hereby approves a schedule of attorney
fees for services in connection with the collection of accounts, which
is hereby determined to be fair and reasonable compensation for the
services, in an amount as established from time to time by resolution
of Borough Council, all in accordance with the principles set forth
in § 3(a.1) of the Municipal Claims Law, as added by Act
No. 1 of 1996 (the "Act").
2. There shall be added to the above amounts 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.
3. The amount of fees determined as set forth above shall be added to
the Borough's claim in each account.
[Ord. 2015-04, 12/16/2015]
1. The following collection procedures are hereby established in accordance
with Act No. 1:
A. At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough 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
1A, 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 attorney fees, the Borough shall mail or cause to be mailed, by first-class mail, a second notice to such account debtor.
C. All notices required by this Part shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Borough of Conshohocken 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.
(2)
A statement of the Borough's intent to impose or assess attorney
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 attorney
fees may be avoided by payment of the account.
(4)
The place of payment for accounts and the name and telephone
number of the Borough official designated as responsible for collection
matters.
[Ord. 2015-04, 12/16/2015]
The proper officials of the Borough of Conshohocken are hereby
authorized and empowered to take such additional action as they may
deem necessary or appropriate to implement this Part.
[Ord. 2015-04, 12/16/2015]
1. Interest is hereby permitted to be imposed on all delinquent accounts
involving any fees and charges due and to be paid by residents, property
owners, landlords, business entities, professionals and commercial
enterprises and all others who are required to obtain and pay various
Borough licenses and fees.
2. A delinquent account is one where payment is 30 days or more overdue.
3. To each municipal lien duly filed by the Borough of Conshohocken
in accordance with the provisions of any Borough ordinance and pursuant
to the Municipal Claims and Tax Liens Law, 53 P.S. § 7143,
there shall be added interest at the rate of 10% per annum, calculated
in accordance therewith.
4. Council also will be permitted to impose all costs, filing fees,
attorneys' fees and other costs of civil prosecution against the delinquent
party.