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, 53 P.S. § 7101 et seq., 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
and municipal authorities adopt a schedule of attorneys' fees.
Act 1 further requires that, prior to imposing attorneys' fees,
the municipality or municipal authority notify the owner of the property
with the delinquent account by certified mail of the municipality's
or municipal authority's intent to recover these fees and the
manner by which the 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 chapter to comply with the requirements of Act 1
of 1996.
Unless otherwise stated, the following words shall, for the
purposes of this chapter, have the meanings herein indicated:
DELINQUENT ACCOUNT
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, sewer
rates and trash and recyclable collection and disposal services, or
any other charge which may lawfully be imposed by the Township and
for which a municipal claim may be filed.
HOURLY RATE
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.
TOWNSHIP
West Hempfield Township, Lancaster County, Pennsylvania.
TOWNSHIP SOLICITOR
The person or law firm appointed by the Board of Supervisors
to serve as legal counsel to the Township.
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 Manager, 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
(tenth of hours)
|
---|
Prepare collection 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 §
22-4 of this chapter 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 §
22-4, 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.
All delinquent accounts and obligations which may be subject
to lien pursuant to the Municipal Claims and Tax Liens Act, Act of
May 16, 1923, P.L. 207, No. 153, as amended, 53 P.S. § 7101
et seq., or any other statute, rule, regulations, or authority which
shall permit the filing of liens or collection of municipal claims
and obligations shall be subject to interest at the rate of 10% per
annum from the date of the filing of the municipal lien.
All court costs, filing fees, service fees, and similar costs,
fees, and charges shall be the obligation of the property owner and
shall, to the extent allowed by law, be included in any municipal
lien.