[HISTORY: Adopted by the Borough Council of the Borough of Colwyn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 136.
[Adopted 6-18-2009 by Ord. No. 537]
Colwyn Borough hereby approves the following fee schedule for the collection of unpaid claims, which fees shall be added to the unpaid claim.
A. 
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 Claim and Tax Lien Act.[1]
[1]
Editor's Note: See 53 P.S. § 7106.
B. 
Collection fees.
(1) 
Handling fee for returned check: $25.
(2) 
Handling fee to issue refund check: $15.
(3) 
Bookkeeping fee for payment plan of three months or less: $25.
(4) 
Bookkeeping fee for payment plan of more than three months: $50.
(5) 
Guaranteed payoff fee: $25.
C. 
Legal fees.
(1) 
Initial review and sending first demand letter: $100.
(2) 
File lien and prepare satisfaction: $250.
(3) 
Prepare writ of scire facias: $250.
(4) 
Obtain reissued writ: $30.
(5) 
Prepare and mail letter under Pa.R.C.P. No. 237.1: $30.
(6) 
Prepare motion for alternate service: $175.
(7) 
Prepare default judgment: $175.
(8) 
Prepare writ of execution: $800.
(9) 
Attendance at sale; review schedule of distribution and resolve distribution issues: $400.
(10) 
Continue sheriff sale: $50.
(11) 
Petition to assess damages: $50.
(12) 
Petition for free and clear sale: $400.
(13) 
Prepare bankruptcy proof of claim: $100.
(14) 
Services not covered above: at an hourly rate between $60 and $225 per hour.
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.
Interest will be assessed upon all delinquent unpaid municipal claims at a rate of 10% per annum and added to the unpaid claim.
The following collection procedures are hereby established in accordance with the Act:[1]
A. 
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, Colwyn Borough 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").
B. 
If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing such attorney fees, Colwyn Borough or its designee shall mail or cause to be mailed, by first class mail, a second notice to the property owner.
C. 
All notices required by this article shall be mailed to the property owner's last known post office address as recorded in the records or other information of Colwyn Borough, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.
D. 
Each notice as described above shall include the following:
(1) 
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
(2) 
A statement of Colwyn Borough'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;
(3) 
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
(4) 
The place of payment for accounts and the name and telephone number of Colwyn Borough's representative designated as responsible for collection matters.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
The proper officials of Colwyn Borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.
Colwyn Borough 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 authority.
[Adopted 12-29-2009 by Ord. No. 544]
A. 
Ordinance No. 537, 2009, of the Code of Ordinances of Colwyn Borough,[1] approving collection procedures and adopting interest and a schedule of attorney fees to be assessed in the collection of delinquent municipal claims, is amended to apply to delinquent real estate taxes as well as delinquent municipal claims.
[1]
Editor's Note: See Art. I, Legal Fees and Collection Procedures for Delinquent Claims, of this chapter.
B. 
The Borough hereby adopts the notice expense and the schedule of collection and legal fees from Ordinance No. 537, 2009,[2] to be assessed in the collection of delinquent real estate tax claims, as well as the collection procedures set forth therein. Further, interest will be assessed upon all delinquent real estate taxes at a rate of 10% per annum.
[2]
Editor's Note: See Art. I, Legal Fees and Collection Procedures for Delinquent Claims, of this chapter.