[HISTORY:[1] Adopted by the Council of the City of Coatesville 4-9-2012 by Ord. No.
1381-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 108.
[1]
Editor's Note: Former Ch. 182, Refrigerators, Abandoned,
adopted 12-16-1953 by Ord. No. 57-53, was repealed 3-8-2004 by Ord.
No. 1230-2004.
This chapter shall apply to all municipal claims allowed and
authorized by the law of the Commonwealth to be assessed by the City,
including, but not limited to liens for taxes and for municipal improvements,
for the removal of nuisances, and for water rents or rates, sewage
rates, lighting rates and power rates to the fullest extent authorized
by law (hereinafter "delinquent accounts"), whether heretofore or
hereafter assessed or filed.
The attached schedule of attorney fees[1] is to be utilized and followed in the assessment of attorney
fees in the collection of any delinquent account 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 City or
as soon thereafter as may be convenient or proper. This schedule of
attorney fees (and itemization of fees and costs to be charged in
collection procedures) shall be subject to amendment from time to
time as needed hereafter by resolution of the City Council. The schedule
attached hereto shall constitute an adoption of a fee schedule of
approved values found to be reasonable for the services rendered.
[1]
Editor's Note: Said schedule is included at the end of
this chapter.
Prior to assessing or imposing attorney fees in connection with
a delinquent account, the City shall provide notice of the City's
intention to assess or impose attorney fees in connection with this
chapter 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 chapter, 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, water rents
or rates, lighting rates or sewer 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 City
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.
A.
In all proceedings where a municipal claim is filed as a lien against
real property for delinquent accounts which are subject of this chapter,
a penalty equal to 5% of the delinquent account shall be added to
the municipal claim and collected therewith when the delinquent account
remains unpaid for 90 days after the assessment shall have been levied,
or as soon thereafter as may be convenient or proper.
B.
No notice prior to the assessment or the imposition of a penalty
as set forth herein shall be required.
Should any part or provision of this chapter be found to be
illegal, unenforceable or void, such shall not affect the remainder
of this chapter which shall remain fully binding, enforceable, and
valid, and such illegal, unenforceable or void part and/or provision
shall be amended to the extent necessary to conform with the law.
The Council of the City hereby declares its intention that it would
have adopted this chapter had it not contained such invalid, illegal
or unenforceable part or provision, and that it would have adopted
this chapter had it contained such parts or provisions as subsequently
amended to conform to the law.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
This chapter shall take effect immediately upon adoption hereof.
