[HISTORY: Adopted by the Borough Council of the Borough of
New Hope 10-18-2011 by Ord. No. 2011-08. Amendments noted where applicable.]
This chapter shall be known as the "New Hope Borough Municipal
Claim and Lien Ordinance."
A.
Pursuant to the authority vesting in New Hope Borough pursuant to
the Pennsylvania Municipal Claim and Tax Lien Law, 53 P.S. § 7101
et seq., as amended (the "Act"), New Hope Borough is authorized file
a lien against property for any and all unpaid municipal claims, municipal
liens, taxes, tax claims and tax liens (collectively a "claim" or
"claims"), as those terms are defined in the Act.
B.
In all matters where New Hope Borough is authorized to and undertakes
recovery efforts by legal proceedings or otherwise to collect unpaid
claims, all other costs, expenses, interest and fees incurred, including
without limitation reasonable attorneys' fees, as set forth in
this chapter shall be added to the total amount payable with respect
to such claim(s).
A.
Title search. In any claim enforcement and/or collection 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 and compliance with Pennsylvania
Rule of Civil Procedure 3129, as amended. The sum not to exceed $50
shall constitute a reasonable expense for each bring-down or update
of the title search in connection with entry of judgment, issuance
of execution, listing for sale, or other action.
B.
Actual out-of-pocket expenses in connection with any enforcement
and/or collection action, such as for postage, non-Sheriff's
service of process, investigation of the whereabouts of interested
parties and other necessary expenses shall constitute reimbursable
expenses as part of each claim recovered.
A.
Flat fee matters. The following schedule of attorney fees is hereby
adopted and approved as reasonable attorney fees pursuant to the Act
for all matters described, which fees shall be awarded to New Hope
Borough, its agents, counsel or assigns in each action initiated pursuant
to the Act for the collection of unpaid 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)
Preparation and service of writ of scire facias. The sum of $450
shall constitute reasonable attorney fees for the initiation of each
proceeding and shall include preparation and filing of the praecipe
for writ of scire facias, Sheriff's direction for service, notice
pursuant to Pennsylvania Rule of Civil Procedure 237.1, as amended,
and the preparation and filing of the praecipe to settle and discontinue
the proceeding. The above does not include:
(a)
Federal tax liens, judgments and mortgages. Where there are
federal tax liens, federal judgments, federal mortgages or other record
federal interests, the sum of $200 shall constitute reasonable attorney
fees for all matters necessary to properly notify and serve the United
States with all required additional notice and the presentation of
related motions to court.
(b)
Alternative service of legal pleadings. In the event that a
special order of court is necessary to serve original process or any
other pleading, notice, court order or other document, the following
amounts shall constitute reasonable attorney fees as follows:
(2)
Entry of judgment. The sum of $225 shall constitute reasonable attorney
fees in connection with entry of judgment which shall include preparation
and filing of the praecipe to enter judgment, notices of judgment,
affidavit of nonmilitary status, and the praecipe to satisfy judgment.
(3)
Writ of execution; Sheriff's sale of property. The sum of $700
shall constitute reasonable attorney fees for preparation of all documents
necessary for each execution upon any judgment pursuant to the Act.
This sum shall include the preparation and filing of the praecipe
for writ of execution, all Sheriff's documents, preparation and
service of notices of Sheriff's sale, staying the writ of execution,
and attendance at one Sheriff's sale.
(a)
Postponements. The sum of $100 shall constitute reasonable attorney
fees for each continuance of Sheriff's sale at the request of
the defendant.
(4)
Sale pursuant to Section 31 of the Act. The sum of $700 shall constitute
reasonable attorney fees for the sale of property pursuant to § 31
of the Act, 53 P.S. § 7281, including preparation and service
of necessary documents, court appearances, attendance at sale and
preparation of proposed schedule of distribution of the proceeds realized
from such sale.
(5)
Sale pursuant to Section 31.1 of the Act. The sum of $500 shall constitute
reasonable attorney fees for a sale of property pursuant to § 31.1
of the Act, 53 P.S. § 7282, including the preparation of
necessary documents, service, court appearances, and the preparation
of proposed Sheriff's schedule of distribution.
(6)
Installment payment agreement. The sum of $150 shall constitute reasonable
attorney fees for the preparation of each written installment payment
agreement.
(7)
Motions. The sum of $200 shall constitute reasonable attorney fees
for the preparation, filing, and presentation of motions, other than
for alternative service, which shall include, but are not limited
to, motions to reassess damages, motions to amend caption, and motions
to continue the Sheriff's sale.
B.
Hourly rate matters.
(1)
The following schedule of attorney fees is hereby adopted and approved as reasonable attorney fees pursuant to the Act, which fees shall be awarded to New Hope Borough, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in § 20-4A above, undertaken in connection with the collection of claims:
(2)
Each increment of time shall be recorded and charged in units of
1/10 of an hour for all time devoted to enforcement and collection
of New Hope Borough's claims. Counsel, whether duly employed
or duly appointed by New Hope Borough, its agents or assigns, shall
not deviate from this fee schedule absent a subsequently enacted amendment
to this chapter. Hourly rate matters include, but are not limited
to, any matters where any defense, objection, motion, petition or
appearance is entered in any phase of any proceeding by or on behalf
of any defendant or other interested party.
A.
Required notice. All notices required by the Act shall be provided
in accordance therewith and shall be incorporated into an appropriate
delinquency notice or notices sent by New Hope Borough, its agent,
counsel or assigns. Prior to assessing or imposing attorney fees in
connection with the collection of a claim, New Hope Borough shall
provide notice of its intent to assess and impose attorney fees in
the following manner:
(1)
By United States certified mail, return receipt requested, postage
prepaid, mail to the owner of the property being assessed and/or subject
to the claim and/or lien thereof, notice of New Hope Borough's
intent to impose or assess attorney fees within 30 days of mailing
the notice.
(2)
In the event the notice required under Subsection A(1) above is refused, unclaimed, or the return receipt is not received, then by United States first class mail, mail to the owner of the property being assessed and/or subject to the claim and/or lien thereof, notice of New Hope Borough's intent to impose or assess attorney fees within 10 days of mailing the notice.
(4)
The notice(s) required by this Subsection A shall be mailed to the property owner's last known post office address by virtue of the knowledge and information possessed by New Hope Borough and the Bucks County office responsible for the assessments and revision of taxes, following a reasonable investigation by New Hope Borough to determine such address.
B.
Fees to be accrued and claims to be filed. Fees shall accrue for
all efforts in collection after the 30th day after the notice provided
for above, or after the 10th day of any required second notice, on
all accounts referred to an attorney or other agency for enforcement.
Fees accumulated as a result of enforced collection shall be certified
by duly appointed counsel for New Hope Borough authorized to pursue
collection of claims pursuant to the Act, or by counsel for the New
Hope Borough's agents or assigns. If such fees are not collected
in due course along with the claim as by voluntary payment, all such
fees shall be included in any claims filed on behalf of New Hope Borough
by its agents or assigns in the course of enforcement including any
claims originally filed with the Bucks County Prothonotary, any claims
filed with the Sheriff or in any other claims filed or statements
provided where attorney fees are due.
C.
The amount of fees determined as set forth in this chapter shall
be added to and become part of the claim or claims in each proceeding
as provided by the Act and as provided herein.
A.
The following schedule of charges, expenses and fees (hereinafter collectively referred to as "servicing fees") is hereby approved and adopted by New Hope Borough pursuant to the Act, which amounts are the direct result of each person's or property owner's failure to pay claims promptly. The servicing fees established, assessed, and collected hereunder shall be in addition to the record costs, § 20-3 (Expenses) and § 20-4 (Attorney fees), associated with legal proceedings initiated by or on behalf of New Hope Borough to collect its claims.
B.
Servicing of a claim or claims may result in voluntary payment without
the initiation of enforcement proceedings. It is the intent of this
section to pass the cost of servicing on to the delinquent person
or property as part of each claim. The recovery of servicing fees
established herein shall not be contingent upon the initiation of
enforcement proceedings. However, such servicing fees are due even
where enforcement proceedings are initiated. The purpose of this section
is to pass the cost and expense associated with delinquent collection
on to the delinquent person or property and to make New Hope Borough
whole on all claims collected.
C.
Schedule. The following schedule of fees shall constitute reasonable
and appropriate servicing fees for each indicated service. The servicing
fees shall be added to and become part of New Hope Borough's
claims, together with the expenses, penalties, interest, costs and
attorney fees, and shall be payable in full before the discharge or
satisfaction of any claim. The schedule of fees is separate and distinct
from any amounts imposed by the Sheriff, Prothonotary, court or any
other public office in connection with the collection of New Hope
Borough's claims.
|
Item
|
Matter
|
Fee
| |
|---|---|---|---|
|
1
|
Bad check letter
|
$20 per check
| |
|
2
|
Assignments
|
$10 per claim
| |
|
3
|
Filing tax liens
|
$10 per item
| |
|
4
|
Satisfactions
|
$10 per claim
| |
|
5
|
Act compliance
|
$35 per case
| |
|
5
|
Tax claim revivals
|
$10 per claim
| |
|
6
|
Filing municipal claims and municipal claim revivals
|
$15 per claim
| |
|
7
|
Municipal claim / short title examination
|
$35 per claim
| |
|
8
|
Sheriff sale municipal claim certificates
|
$50 per claim
| |
|
9
|
Municipal claim certifications
|
$10 per year
| |
|
10
|
Postage and court costs
|
Actual costs
| |
|
11
|
Servicing, including staffing, computers, office space, telephones,
equipment, materials, etc.
|
10% of gross collections
|
Pursuant to the authority set forth in the Act, New Hope Borough
hereby establishes an interest rate of 10% per annum assessable against
all claims from the date of the completion of the work after it is
filed as a lien; and on claims for taxes or lighting rates from the
date of the filing of the lien therefor. Notwithstanding the foregoing,
the interest collectible on any claim arising out of a municipal project
for which New Hope Borough has issued bonds to finance shall be at
the rate of interest of the bond(s) issued for the project or 12%
per annum, whichever is less.
A.
This chapter shall take effect on the date of enactment set forth below and with respect to attorney fees pursuant to §§ 20-4 and 20-5 of this chapter shall apply to all taxes, tax claims, tax liens, municipal claims, municipal liens, writs of scire facias, judgments, or executions filed on or after December 19, 1990, or as otherwise provided by law.
B.
In no event shall New Hope Borough's right to charge and collect reasonable attorney fees pursuant to §§ 20-4 and 20-5 of this chapter be impaired by the fact that any claim may also include an attorney commission of 5% for claims filed prior to December 19, 1990. Any attorney fees assessed and collected under this or any prior ordinances pursuant to the Act shall be in addition to any commission of 5% previously included in any claim or judgment thereon.
C.
Attorney fees and expenses incurred in pending enforcement proceedings
prior to the effective date of this chapter, pursuant to a prior ordinance
adopted under the Act, but not collected, shall remain due and owing
in accordance therewith, and shall be incorporated in any future statement,
claim, pleading, judgment, or execution. Attorney fees and expenses
in any pending or new action incurred after the effective date of
this chapter shall be incurred, charged, and collected in accordance
with the schedules and procedures set forth in this chapter.
In the event New Hope Borough assigns any claim, New Hope Borough
assigns the provisions of this chapter to any such assignee of its
claims unless the assignment limits the assignee's ability to
collect such amounts. New Hope Borough and its duly authorized agents
and their counsel retain all rights to charge reasonable attorney
fees, charges, expenses, and fees in accordance with the provisions
of this chapter in actions commenced under the Act and for servicing
any claims retained by New Hope Borough
