[Except as otherwise noted, the provisions of this chapter
were enacted at time of codification.]
All ordinances of a general and permanent nature of the Township,
as revised, codified, numbered and consolidated into component codes,
chapters and sections, shall be known and cited as the Codified Ordinances
of Crescent Township, Allegheny County, Pennsylvania, 1984. Code,
chapter and section headings do not constitute any part of the law
as contained in the Codified Ordinances.
The Codified Ordinances of Crescent Township, Allegheny County,
Pennsylvania, 1984, may be amended or supplemented at any time and,
when any amendment or supplement is adopted in such form as to indicate
the intention of the Board to make the same a part thereof, such amendment
or supplement shall be incorporated in, and deemed a part of, the
Codified Ordinances, so that a reference to the Codified Ordinances
shall be understood and construed as including the Codified Ordinances
of Crescent Township, Allegheny County, Pennsylvania, 1984, and any
and all such amendments and supplements. All amendments and supplements
enacted as a part of the Codified Ordinances shall be integrated therewith
by following the form of arrangement and plan set forth in the original
Codified Ordinances.
In the construction of these Codified Ordinances, the following
rules and definitions shall apply, except where the same are inconsistent
with the intention disclosed in a particular provision, section or
chapter:
The Board of Township Commissioners of Crescent Township,
Allegheny County, Pennsylvania.
The terms "month" and "year" shall mean the calendar month
or year. The time expressed in days within which an act is to be done
or a period is to expire shall be computed by excluding the first
and including the last day, unless the last day is a Sunday or holiday,
in which case it shall be excluded. If time is expressed in hours,
the whole of Sunday or a holiday shall be excluded.
Allegheny County, Pennsylvania.
An individual, association, club, corporation, firm, partnership
or body politic.
In all cases where provision is made for an act to be done
or notice to be given within a reasonable time, it shall be deemed
to mean such time only as may be necessary for the prompt performance
of such act or the giving of such notice.
The Township Secretary-Manager of Crescent Township, Allegheny
County, Pennsylvania.
Crescent Township, Allegheny County, Pennsylvania.
Each section and each part of each section of the Codified Ordinances
is hereby declared to be an independent section or part of a section,
and if any such section or part of a section, or any provision thereof,
or the application thereof to any person or circumstance, is held
to be invalid, the remaining sections or parts of sections, or provisions
thereof, and the application thereof to any other person or circumstance,
shall not be affected thereby.
All ordinances and parts of ordinances not set forth or incorporated
by reference in the Codified Ordinances of Crescent Township, Allegheny
County, Pennsylvania, 1984, are hereby repealed.
The repeal provided for in § 120.05 shall not affect:
A.
Any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing, before
the adoption of these Codified Ordinances;
B.
Any ordinance or resolution promising or guaranteeing the payment
of money by or to the Township, or authorizing the issuance of any
bonds of the Township, or any evidence of the Township's indebtedness,
or any contract or obligation assumed by the Township.
C.
The administrative ordinances and resolutions of Council not in conflict
or inconsistent with the provisions of the Codified Ordinances;
D.
Any ordinance or part thereof providing for the establishment of
positions, for salaries or compensation; or
E.
Any prosecution, suit or other proceeding pending, or any judgment
rendered, on or prior to the adoption of these Codified Ordinances.
Whoever violates or fails to comply with any of the provisions
of these Codified Ordinances, for which no penalty is otherwise provided,
shall be fined not more than $300 plus costs of prosecution, and,
in default of payment of the fine thus imposed, shall be imprisoned
not more than 30 days in the Allegheny County Jail. A separate offense
shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues. The penalty provided for herein
shall be in addition to any equitable remedy provided in these Codified
Ordinances or which otherwise may be available to the Township as
a matter of law.
[Ord. No. 462,
passed 7-12-2000; Ord. No. 490, passed 12-28-2004; Res. No. 16-08, passed 12-10-2008]
A.
Fees to be added to the unpaid claim. The Township of Crescent hereby
approves the following fee schedule for the collection of unpaid claims,
which fees shall be added to the unpaid claim.
1.
Notice expense. A fee, not to exceed $50, together with all costs
and expenses incurred, shall be added to the unpaid claim for mailing
a notice of delinquency pursuant to Section 7106 of the Municipal
Claims and Tax Liens Act.
2.
Collection fees.
|
Collection Service
|
Fee
| |
|---|---|---|
|
Handling fee for returned check
|
$25
| |
|
Handling fee to issue refund check
|
$15
| |
|
Bookkeeping fee for payment plan of 3 months or less
|
$25
| |
|
Bookkeeping fee for payment plan of more than 3 months
|
$50
| |
|
Guaranteed payoff fee
|
$25
|
3.
Legal fees.
|
Legal Service
|
Fee
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$160
| |
|
File lien and prepare satisfaction
|
$250
| |
|
Prepare Writ of Scire Facias
|
$250
| |
|
Obtain reissued writ
|
$30
| |
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
$30
| |
|
Prepare motion for alternate service
|
$175
| |
|
Prepare default judgment
|
$175
| |
|
Prepare writ of execution
|
$800
| |
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
| |
|
Continue Sheriff sale
|
$50
| |
|
Petition to assess damages
|
$50
| |
|
Petition for free and clear sale
|
$400
| |
|
Prepare bankruptcy proof of claim
|
$100
| |
|
Services not covered above
|
At an hourly rate between $60 and $225 per hour
|
B.
Costs to be added to the unpaid claims. In addition, the reasonable
and necessary out-of-pocket charges, costs, expenses, commissions
and fees incurred in collection, such as but not limited to, postage,
title searches, prothonotary fees and sheriff fees, shall be added
to the unpaid claims.
C.
Interest. Interest will be assessed upon all delinquent unpaid municipal
claims at a rate of 10% per annum and added to the unpaid claim.
D.
Collection procedures. The following collection procedures are hereby
established in accordance with the Act:
1.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Township of Crescent
or its designee 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 property owner).
2.
If the certified mail notice is undelivered, then, at least 10 days
prior to the assessing or imposing such attorney fees, the Township
of Crescent or its designee shall mail or cause to be mailed, by first
class mail, a second notice to the property owner.
3.
All notices required by this section shall be mailed to the property
owner's last known post office address as recorded in the records
or other information of the Township of Crescent, or such other address
as it may be able to obtain from the County Office of Assessment and
Revision of Taxes.
4.
Each notice as described above shall include the following:
(a)
The type of tax or other charge, the date it became due and
the amount owed, including penalty and interest;
(b)
A statement of the Township of Crescent'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;
(c)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
(d)
The place of payment for accounts and the name and telephone
number of the Township of Crescent's representative designated
as responsible for collection matters.
E.
Related action. The proper officials of Township of Crescent are
hereby authorized and empowered to take such additional action as
they may deem necessary or appropriate to implement this section.
F.
Appointment of Solicitor. Township of Crescent appoints Michelle
R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting
delinquent municipal claims and hereby authorizes her, and attorneys
under her supervision, to sign any and all documents, including tax
and municipal claims, on behalf of the Township.
