[HISTORY: Adopted by the Board of Supervisors of the Township
of West Donegal as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 210.
[Adopted 8-5-1996 by Ord. No. 108-1996 (Ch. 1, Part 8, of
the 1984 Code of Ordinances)]
By Act 1 of 1996, the General Assembly amended the Municipal
Claim and Tax Lien Law Act of May 16, 1923, P.L. 207, No. 153, as
amended, to specifically authorize inclusion of attorneys' fees
incurred in the collection of delinquent accounts as part of a municipal
lien. Act 1 requires that municipalities by ordinance adopt a schedule
of attorneys' fees. Act 1 further requires that, prior to imposing
attorneys' fees, the municipality must notify the owner of the
property with the delinquent account by certified mail of the municipality's
intent to recover these fees and the manner by which assessment of
the fees may be avoided by payment of the delinquent account. It is
the intention of the Board of Supervisors in enacting this article
to comply with the requirements of Act 1 of 1996.
Unless otherwise stated, the following words shall, for the
purpose of this article, have the meanings herein indicated:
Any sums due and owing to the Township which have not been
paid within the time required by the Township's ordinances, resolutions,
rules, regulations or policies, including but not limited to charges
for trash collection, removal of nuisances, or any other charge which
may lawfully be imposed by the Township and for which a municipal
claim may be filed.
The hourly fee charged by the Township Solicitor to the Township
consistent with the ordinary and customary charges by the Township
Solicitor for similar services in the community, but in no event shall
the hourly rate exceed the rate charged by the Township Solicitor
to the Township when fees are not reimbursed by or otherwise imposed
upon delinquent customers of the Township.
The Township of West Donegal, Lancaster County, Pennsylvania.
The person or law firm appointed by the Board of Supervisors
to serve as legal counsel to the Township in accordance with § 1101
of the Second Class Township Code.
The Board of Supervisors specifically authorizes the recovery
of attorneys' fees incurred by the Township in the collection
of delinquent accounts from the person or persons who are responsible
for the payment of such delinquent accounts. The Board of Supervisors
authorizes the Township Secretary or the Assistant Secretary to take
all actions required by applicable law to enable the Township to recover
attorneys' fees incurred from the persons responsible for this
cost and to include such attorneys' fees in municipal claims.
This authorization includes, but is not limited to, sending notification
to such persons of the intention of the Township to impose attorneys'
fees incurred in collection efforts upon such persons.
The Township shall impose attorneys' fees upon persons
who have delinquent accounts in accordance with the following schedule
of the minimum time required by the Township Solicitor for the listed
service times the hourly rate of the Township Solicitor in effect
at the time the Township Solicitor performed the service on behalf
of the Township:
|
Service
|
Minimum Time
(10th of hours)
|
|---|---|
|
Prepare collection warning letter, including review of Township
information
|
0.4
|
|
Obtain and review deed of property
|
0.2
|
|
Prepare certification of amount owing to Township and transmit
certification to Township
|
0.3
|
|
Prepare municipal lien
|
0.5
|
|
File municipal lien
|
0.2
|
|
Forward copy of municipal lien to Township
|
0.2
|
|
Prepare civil action complaint before Magisterial District Judge
for collection of account
|
0.7
|
|
Prepare for and attend hearing before Magisterial District Judge
concerning civil action to collect delinquent account
|
2.5
|
|
Prepare and file satisfaction of municipal lien
|
0.2
|
The services and minimum times expended by the Township Solicitor for the services set forth in § 128-4 of this article are based upon the experience of the Township Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Township Solicitor to perform additional or more time-consuming services than contemplated by § 128-4, it is the intention of the Township to recover all of its attorneys' fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the Township to impose and collect the fee, rate, charge or other cost, or similar actions.
