Township of Harrison, PA
Allegheny County
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Table of Contents
Table of Contents

§ 801 Short Title.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
This Part 8 shall be known as the "Tax, Tax Claim, Tax Lien, Municipal Claim and Municipal Lien Attorney Fees and Servicing Charges, Expenses and Fees Ordinance."

§ 802 Expenses Approved.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
Actual out-of-pocket expenses in connection with any enforcement action, such as for postage, non-Sheriff's service of process, investigation of the whereabouts of interested parties, title searches and other necessary expenses, shall constitute reimbursable expenses as part of each delinquent claim recovered. In any enforcement proceeding, the actual cost of a title search or bringdown, if within the amount detailed in § 807, shall constitute a reasonable expense.

§ 803 Attorney Fees Approved; Accrual.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
The Schedule of Attorney Fees included in § 807 is hereby adopted and approved as reasonable attorney fees pursuant to Act 1 and Act 20[1] for all matters described, which fees shall be awarded to the municipality, its agents, counsel or assigns in each action initiated pursuant to the Act for the collection of unpaid delinquent claims. The property owner's obligation to pay the full amount of the flat fee for each phase of each action shall accrue upon the initiation of any aspect of each phase. The full amount of each flat fee for each prior phase of the proceeding shall carry over and be due on a cumulative basis together with the flat fee for each subsequent phase.
[1]
Editor's Note: See the Pennsylvania Municipal Claim and Tax Lien Law, 53 P.S. § 7106.

§ 804 Servicing Charges, Expenses and Fees Approved.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
1. 
Pursuant to Sections 1, 2 and 3 of the Act of May 16, 1923, as amended, 53 P.S. §§ 7101, 7103 and 7106, and specifically in the schedule found in accordance with Act 83 of 2004, the municipality does hereby authorize the recovery of charges, expenses and fees and adopts the schedule of charges, expenses and fees included in § 807, which amounts are the direct result of each person's or property's failure to pay delinquent claims promptly. The servicing expenses, charges and fees established, assessed, and collected hereunder shall be in addition to the record costs, § 802 expenses and § 803 attorney fees associated with legal proceedings initiated by or on behalf of the municipality to collect its delinquent claims.
2. 
Servicing of a delinquent claim or delinquent claims may result in voluntary payment without the initiation of enforcement proceedings. It is the intent of this Part 8 to pass the cost of servicing on to the delinquent person or property as part of each delinquent claim. The recovery of servicing expenses, out-of-pocket expenses and postage expenses established herein shall not be contingent upon the initiation of enforcement proceedings. However, such servicing expenses, out-of-pocket expenses and postage expenses are due even where enforcement proceedings are initiated. The purpose of this section is to pass the entire cost and expense associated with delinquent collection on to the delinquent person or property and to make the municipality whole on all delinquent claims collected.

§ 805 Procedure.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
The notice required by the Act, as amended, 53 P.S. § 7106, shall be provided in accordance therewith and shall be incorporated into an appropriate delinquency notice or notices sent by the municipality, its agent, counsel or assigns. Fees accumulated as a result of enforced collection shall be certified by duly appointed counsel for the municipality authorized to pursue collection of delinquent claims pursuant to the Act, or by counsel for the municipality's agents or assigns and, if not collected in due course with the debt as by voluntary payment, shall be included in any delinquent claims filed on behalf of the municipality or by its agents or assigns in the course of enforcement.

§ 806 Penalties and Interest.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
All interest and penalties related to delinquent claims shall be charged at the rate of 10%. All penalties related to delinquent tax claims and municipal claims shall be charged at the rate of 10%.

§ 807 Schedule of Fees, Charges, Expenses and Attorney Fees.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
1. 
Service Charges:
A. 
Delinquent account servicing fee, including records imaging and detailed recordkeeping, office staffing, computer equipment and software, office space, telephone, printing and imaging equipment, and supplies used to generate delinquent notices and to establish monthly payment plan: 10% of tax, penalty and interest due.
B. 
Prepare and mail thirty-day delinquent notice: $50.
C. 
Nonsufficient fund check fee: $29.
D. 
Partial payment fee: $3.
2. 
Attorney Fees - Magisterial District Court:
A. 
Prepare District Judge complaint: $75.
B. 
Preparation of District Judge hearing: $150.
C. 
Docketed District Judge hearing: $100.
3. 
Attorney Fees - Court of Common Pleas:
A. 
Scheduled or posted Constable execution sale: $350.
B. 
Prepare arbitration complaint: $150.
C. 
Prepare general docket proceeding: $375.
D. 
Trial, arbitration or mediation: $350.
E. 
Negotiate and prepare subsequent payment plan agreement: $75.
F. 
Prepare writ of scire facias sur tax lien in furtherance of Sheriff tax sale: $600.
G. 
Sheriff sale claim notice: $50.
H. 
Prepare reissue writ: $125.
I. 
Enter default judgment: $225.
J. 
Issue writ of execution in Sheriff sale: $700.
K. 
Sheriff sale/trial postponement: $100.
L. 
Scheduled or posted Sheriff sale: $500.
4. 
Attorney Fees - Miscellaneous:
A. 
Nonlitigation legal work: $80 per hour.
B. 
Litigation legal work: $100 per hour.
C. 
All other clerical work not itemized above: $50 per hour.
D. 
Special search for defendant locale: $100.
E. 
Motion for alternate service: $200.
5. 
Title Search. In any enforcement proceeding, the actual cost of a title search in an amount not to exceed $250 shall constitute a reasonable expense for each title search necessary for the initiation of each proceeding in compliance with Pa. R.C.P. 3129. The sum, not to exceed $50, shall constitute a reasonable expense for each bringdown or update of the title search in connection with the entry of judgment, issuance of execution, listing for sale, or other action.

§ 808 When Effective; Accrual of Liability.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
1. 
This Part 8 shall take effect upon adoption.
2. 
Liability for payment of servicing expenses, charges and fees shall accrue as follows:
A. 
Immediately upon the effective date for all of the municipality's unpaid delinquent tax claims for calendar years 2012 and prior.
B. 
January 15th of each year, beginning January 15, 2014, for all of the municipality's delinquent tax claims for calendar years 2013 and thereafter if not paid in full on or before January 14th of the year after which the taxes first became payable.
C. 
Immediately upon the effective date for all of the municipality's delinquent municipal claims due in 2013 and prior years originally billed more than 30 days from the effective date.
D. 
On the 31st day from the initial billing date for all of the municipality's unpaid delinquent claims for calendar years 2013 and thereafter not paid in full within 30 days after the date of the initial billing for the delinquent claims.
E. 
For delinquent tax claims following tax bills resulting from additional assessments:
(1) 
By December 31st of the current year or on the 121st day from the initial billing date, whichever is later, for a current year's additional assessment, billed in the current year;
(2) 
On the 121st day from the initial billing date for a prior year's additional assessment, billed in a later year.

§ 809 Assignment.

[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
The municipality assigns the provisions of this Part 8 to any assignee of its delinquent claims unless the assignment limits the assignee's ability to collect such amounts. The municipality and its duly authorized agents and their counsel shall retain all rights to charge reasonable attorney fees, charges, expenses, and fees in accordance with the provisions of this Part in actions commenced under the Act and for servicing any delinquent claims retained by the municipality.