[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-17-2002 by Ord. No. 786]
This article shall apply to all municipal claims allowed and
authorized by the law of the Commonwealth of Pennsylvania to be assessed
by the Borough of Clifton Heights, including but not limited to liens
for taxes, for municipal improvements, for the removal of nuisances,
and for sewage rents or rates, to the fullest extent authorized by
law (hereinafter "delinquent accounts"), whether heretofore or hereafter
imposed, levied, assessed or filed.
The following schedule of attorney fees is to be utilized and
followed in the assessment of attorney fees in the collection of any
delinquent accounts, and the corresponding fees shall be added and
included in the collection of the same at the time of the filing of
the municipal claim by or for the Borough of Clifton Heights or as
soon thereafter as may be convenient or proper:
|
Claim Amount
|
Attorney Fees
|
|---|---|
|
Under $1,000
|
$250
|
|
$1,000 to $2,500
|
$500
|
|
$2,501 to $5,000
|
$1,000
|
|
$5,001 to $7,500
|
$1,500
|
|
$7,501 to $10,000
|
$2,000
|
|
$10,001 to $25,000
|
$2,500
|
|
Over $25,000
|
10% of the claim amount
|
Prior to assessing or imposing attorney fees in connection with
a delinquent account, the Borough of Clifton Heights shall provide
notice of the Borough's intention to assess or impose attorney
fees in connection with this article as may be required by the Act
of May 16, 1923, P.L. 207, No. 153, as amended or supplemented, 53
P.S. § 7106.
In all proceedings where a municipal claim is filed as a lien
against real property for delinquent accounts which are the subject
of this article, interest equal to 10% per annum shall be assessed
and accrue on the claim from the date of the completion of the work
after it is filed as a lien, and on claims for taxes, for municipal
improvements, for the removal of nuisances and for sewage rents or
rates, from the date of the filing of the lien therefor; provided,
however, that if a municipal claim is filed arising out of a municipal
project which required the Borough to issue bonds to finance the project,
interest shall accrue and be collectible on such claim at the rate
of interest of the bond issue or at the rate of 12% per annum, whichever
is less. No notice prior to the assessment or imposition of interest
as set forth herein shall be required. Such interest shall be added
to the municipal claim and collected therewith.
In all proceedings where a municipal claim is filed as a lien
against real property for delinquent accounts which are the subject
of this article, a penalty equal to 5% of the delinquent accounts
shall be added to the municipal claim and collected therewith when
the delinquent accounts remain unpaid for 90 days after the assessment
shall have been levied, or as soon thereafter as may be convenient
or proper. No notice prior to the assessment or the imposition of
a penalty as set forth herein shall be required.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict, except in the event
that a prior ordinance or a part of a prior ordinance imposes an interest
charge or penalty which is greater than the interest charge or penalty
set forth in this article; in that event, the higher interest charge
or penalty set forth in such prior ordinance or part of prior ordinance
shall govern.
This article shall take effect immediately upon adoption hereof
and apply to any current or future delinquent accounts.
[Adopted 6-18-2019 by Ord. No. 871]
The Borough hereby approves the following fee schedule for the
collection of the unpaid claims, which fees shall be added to the
Unpaid Claims:
|
Legal Fees
| |
|---|---|
|
Initial review and sending first legal demand letter
|
$175
|
|
File lien and prepare satisfaction
|
$250
|
|
Prepare writ of scire facias
|
$250
|
|
Research, prepare and obtain reissued writ
|
$75
|
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
$50
|
|
Prepare motion for alternate service
|
$250
|
|
Prepare praecipe to amend
|
$50
|
|
Prepare and present motion to amend
|
$200
|
|
Obtain vehicle identification number (VIN) for mobile home
|
$100
|
|
Prepare motion to consolidate claims
|
$250
|
|
Prepare motion to add United States as defendant
|
$175
|
|
Prepare pretrial memorandum
|
$200
|
|
Prepare petition for judgment for want of sufficient affidavit
of defense pursuant to 53 P.S. § 7271
|
$150
|
|
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
|
|
Prepare and present petition for free and clear sale
|
$400
|
|
Services not covered above
|
At an hourly rate between $75 to $275 per hour
|
|
Collection Fees
| |
|---|---|
|
Notice of delinquent claim and fee shifting
|
$40 per notice, plus applicable postage
|
|
Bookkeeping fee for payment plan of 3 months or less
|
$25
|
|
Bookkeeping fee for payment plan of more than 3 months
|
$50
|
|
Handling fee for returned check
|
Bank charge, if any
|
|
Payoff Fee
| |
|---|---|
|
Providing guaranteed payoff to third parties
|
$25
|
In addition to the fees set forth in § 200-8 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and sheriff fees and charges, shall be added to the unpaid claims.
The Borough authorizes any attorney or private collector collecting
the unpaid claims on behalf of the Borough to accept payment of the
unpaid claims by credit card or debit card. Where payment is made
by credit card or debit card, any fees charged by the credit card
or debit card company and/or the credit card or debit card servicing
agent shall be charged immediately to the credit card or debit card
used to make payment. This applies to credit card or debit card payments
made by mail, telephone, over the internet, or in person.
Interest will be assessed upon the unpaid claims at a rate of
10% per annum and added to the unpaid claims.
The following collection procedures are hereby established in
accordance with the act:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an unpaid claim account, the Borough
or its designee shall mail or cause to be mailed, by certified mail,
return receipt requested, a notice of such intention to the property
owner or other entity liable for the account (collectively, the "property
owner").
B.
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the 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 the Borough or such other address obtained
by the Borough from the county tax assessment office.
D.
Each notice as described above shall include the following:
(1)
The type of municipal claim or other charge, the year that it became
due and the amount owed, including penalty and interest;
(2)
A statement of the Borough's intent to impose or assess attorney
fees no earlier than 30 days after receipt of the first notice, or
no earlier than 10 days after receipt 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 the Borough's representative designated as responsible for
collection matters.
The proper officials of the Borough are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this article.
The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor
for the limited purpose of collecting the unpaid claims and hereby
authorizes her, and all attorneys employed by Portnoff Law Associates,
Ltd., to sign any and all documents, including municipal claims and
liens, on behalf of the Borough and subject to the Borough entering
into a fee agreement in form and substance satisfactory to the Borough
Solicitor.
