[Adopted 7-19-2010 by Ord. No. 10-06]
This article shall be known as the "Upper Uwchlan Township Municipal
Attorneys' Fee Schedule Ordinance."
The Board of Supervisors determines that the fee schedule set
forth herein is fair and reasonable for the services that may be rendered
by its Solicitor or other lawyers authorized to collect delinquent
municipal claims and accounts on behalf of the Township. The Board
directs that the following fees be imposed, as applicable, upon the
affected property owners and real properties and recovered as part
of each municipal claim filed against the affected real property in
proceedings to recover delinquent municipal claims, together with
any additional out-of-pocket costs incurred by the Township for necessary
expenses in connection therewith:
|
Action
|
Legal Fees
|
|---|---|
|
Receive and review delinquent account information; verify property
owner and address; prepare thirty-day demand letter
|
$50
|
|
Send ten-day notice
|
$15
|
|
Prepare and file municipal lien
|
$100
|
|
Prepare and file order of satisfaction and notice to property
owner
|
$17.50
|
|
Prepare and file writ of scire facias
|
$100
|
|
Reissue writ
|
$30
|
|
Prepare and mail correspondence per Pa. R.C.P. § 237.1
|
$30
|
|
Motion for alternate service
|
$200
|
|
Motion for summary judgment
|
$200
|
|
Prepare and file writ of execution for sheriff sale
|
$500
|
|
Attendance at sale and evaluate schedule of distribution and
resolve issues ancillary to sale
|
$300
|
|
Miscellaneous litigation and/or legal activities hourly rate
|
Not to exceed $170
|
As used in this article, the following terms shall have the
meanings indicated herein:
Any claim identified, defined, prescribed or provided for
in the Municipal Claims and Tax Liens Act, 53 P.S. § 7106.
A.
At least 30 days before assessing or imposing attorneys' 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 notice required by this subsection.
B.
If within 30 days of mailing the notice in accordance with Subsection A, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorneys' 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 by this subsection.
C.
The notice required by this subsection shall be mailed to the owner's
last known post office address by virtue of the knowledge and information
possessed by the Township and by the county office responsible for
assessments and revisions of taxes. It shall be the duty of the Township
to determine the owner's last post office address known to said collector
and county assessment office.
