[HISTORY: Adopted by the City Council of the City of Farrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-6-1998 by Ord. No. O-1-1998]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A schedule of attorney fees to be assessed, imposed and collected in actions involving the collection of any delinquent account, including municipal claims, municipal liens, taxes, tax claims and tax liens, reflecting consideration of those factors enumerated in 53 P.S. § 7106(a.1), is hereby established as follows:
A. 
No attorney fees shall be assessed, imposed or collected by the City of Farrell in connection with the reparation, filing or satisfaction of municipal liens which involve no contested or liquidated proceedings in any court of competent jurisdiction.
B. 
In actions under the general municipal law for the collection of municipal claims, municipal charges or any delinquent account, under civil proceedings or levy or a scire facie sur, attorney's fees shall be assessed, imposed and collected as follows:
(1) 
In an action brought by the City seeking judgment upon a lien in which no affidavit of defense is filed by the property owner or otherwise and judgment is obtained without contested proceedings, attorney fees shall be assessed, imposed and collected at an hourly rate of $120 for all legal services performed, but in no event to exceed $1,500, this maximum based upon services involved therein.
(2) 
In a civil or scire facie sur municipal lien proceeding, brought by a property owner or party other than the City, and which the property owner or other party asserts a defense to the City's lien or otherwise challenges or seeks to avoid collection of a municipal claim by the City, attorney fees shall be assessed, imposed and collected at an hourly rate of $130 for all legal services performed on behalf of the City in said proceedings.
(3) 
In a civil or scire facie sur municipal lien proceeding brought by the City in which the property owner or other party assets a defense to the City's lien or otherwise challenges or seeks to avoid collection of a municipal claim or municipal charge by the City, attorney fees shall be assessed, imposed and collected at an hourly rate of $130 for all services rendered for the City in said proceeding.
(4) 
In any proceeding at law or in equity brought by a property owner or other third party against the City seeking to enjoin or avoid a liability to the City or any of its departments; which by law constitutes a municipal lien or a municipal claim or a municipal charge under 53 P.S. § 7102 et seq., attorney fees shall be assessed, imposed and collected at an hourly rate of $130 for all legal services performed on behalf of the City in said proceeding.
(5) 
Attorney fees under this schedule shall be assessed and imposed for all legal services provided to and on behalf of the City in all of the above proceedings in any court and shall continue to be earned, assessed, and imposed as to all legal services provided for on behalf of the City, and any appeal filed by the other party which results in a verdict, award, or other resolution, more favorable to the City than that claimed by the property owner or other party to be due.
(6) 
This schedule is not intended to establish, any duplication in recovery of attorney's fees and reflects a consideration of the time and nature of legal services involved, the skill requisite to properly represent the City and an hourly rate for services lower than that customarily charged by members of the local Bar, but which is commensurate with rates paid by the City for services. In that the City does not institute scire facie sur municipal lien proceedings for judgment and execution upon liens unless the delinquent sum warrants such an action and the services involved in the proceedings to obtain judgment and execution are mandated by statute and rules of procedure without regards to the amount in controversy, the Council of the City of Farrell finds that the contingency or certainty of compensation is irrelevant to determining a proper fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where in actions of scire facie on municipal lien, execution on judgments or otherwise applicable rules of civil procedure require that all sums sought by the City be set forth with particularity, sums assessed with regard to collection of municipal claims as attorneys' fees shall be stated at $1,500 and in accordance with § 192-1B(1) of this article, subject and without prejudice to an increase in said attorneys' fees in the event of contested proceedings subject to § 192-1B(2) through (5) of this article. In all cases and prior to actual collection of sums for attorneys' fees, the City Solicitor or attorney retained to represent the City in such matters shall prepare and file with the City Clerk and the court having jurisdiction over the matter a verified certification of services and fees due at the rates established under this article. This certification shall describe the services performed, state the time devoted to representation of the City in the matter and the fees due at the specified approved hourly rate therefore. Upon filing of such certification, the City by its counsel in the matter shall file with the court having jurisdiction over the matter such documents as may be required to establish the specific sum due for attorneys' fees, which sum shall be the prima facie evidence of the facts averred therein, constitute a lien upon the subject property as provided in amended 53 P.S. § 7106(a) and be subject to collection together with the municipal claim and other charges, expenses and fees incurred as a result of nonpayment thereof.
In all proceedings to enforce ordinances of the City of Farrell, in all proceedings brought by third parties seeking to avoid enforcement of a City ordinance, and in all appeals from determination of the City's enforcement officers or courts brought by persons seeking to contest or modify in any respect enforcement of City ordinances, in which the services of the City Solicitor or other legal counsel retained by the City are deemed by the City to be necessary, an hourly rate of $130 for all services by such solicitor or attorney for services rendered on behalf of the City of Farrell as hereby established as reasonable for services rendered in such a matter. In all such proceedings involving enforcement of City ordinances and appeals therefrom, all attorney fees incurred by the City, calculated at the established hourly rate for all services rendered in the matter, shall be assessed and imposed in full by the court having appropriate jurisdiction as within the judgment upon a finding of violation. It is the express intention of this article that all attorney fees and costs incurred by the City of Farrell in defense of an appeal brought by any person or entity found to have violated a City ordinance shall be added to the original court's judgment in the event the appeal is denied, dismissed or resolved in any manner less favorable to the appellant than the appellant's represented defense to the enforcement proceeding.
A. 
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of a delinquent account, the solicitor or attorney representing the City shall, by United States certified mail, return receipt requested, postage pre-paid, mail to the owner the notice required by this article.
B. 
If within 30 days of mailing the notice in accordance with Subsection A the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the solicitor or attorney representing the City shall, by United States first class mail, mail to the owner the notice required by this section.
C. 
The notice required by this section shall be mailed to the owner's last known post office address by virtue of the knowledge and information possessed by the City or its solicitor or attorney representing the City, and by the county office responsible for assessment and revisions of taxes. It shall be the duty of the City to determine the owner's last post office address known to said collector and county assessment office.
D. 
The notice to the owner shall include the following:
(1) 
A statement of the City's intent to impose or assess attorneys' fees within 30 days of mailing the notice pursuant to Subsection A of this section or within 10 days of the mailing of the notice pursuant to Subsection B of this section.
(2) 
The manner in which the imposition or assessment of attorney fees may be avoided by payment of the delinquent account.
All attorney fees incurred in a matter related to enforcement of City ordinances shall be certified and verified by the solicitor or attorney representing the City of Farrell in the matter in accordance with the provisions set forth in § 192-2 of this article. Such certification shall be submitted to the court having jurisdiction prior to such court's entry of a decision in a contested proceeding and shall be a prima facia evidence of the facts averred therein.
All costs incurred by or on behalf of the City of Farrell and proceedings upon municipal claims or enforcement of City ordinances are hereby imposed as is applicable upon the property subject to the lien and its owners and persons or entities found to have violated an ordinance of the City of Farrell. Such costs shall include but not be limited to all filing and satisfaction fees, all charges for service of process, all sums paid for certified mail service of notice required by statute or rules of procedure and in actions to collect municipal claims, sums paid by the City for lien or title examination of property required to prepare affidavits of lienholders and parties in interest. In all such proceedings, the City shall submit to or file with the court having appropriate jurisdiction, such certifications of costs as may be required and all costs as so certified shall be imposed, assessed and collected as part of any judgment.
All attorneys' fees and costs incurred by and on behalf of the City of Farrell in actions relating to collection of municipal claims and enforcement of City ordinances shall be the responsibility of the person or entity found to be responsible for such claim or violation, shall be a part of any judgment entered in the matter and, to the extent permitted by the general municipal law, shall with the primary debt constitute a municipal claim and lien upon the property subject to the action and its owner(s).
All sums collected as attorneys' fees and costs pursuant to this article shall be paid over to the City of Farrell subject to its payment of such fees and costs to the parties entitled thereto under retention and contractual agreements with the City.
The City Treasurer and the City Solicitor shall maintain appropriate records and files with regard to legal services, fees and costs incurred by the City in such matters and all sums due and collected in such matters. All attorneys performing services for and on behalf of the City of Farrell in such proceedings shall maintain time records for all services performed and costs incurred and shall, upon proper request therefor, submit such records to the City Treasurer and/or City Solicitor.
[Adopted 8-28-2000 by Ord. No. O-7-2000]
A. 
The City Manager shall collect all fees for fire prevention and protection services and for other public safety and emergency services. Such fees may include and encompass all manpower, equipment, materials, maintenance and overhead expenses and costs which shall constitute full reimbursement to the City for such services actually rendered and as hereinafter authorized.
B. 
Within 30 days of the date of providing fire prevention and protection services or other public safety and emergency services as otherwise defined by any act or ordinance of the City, the Fire Chief or the department head or any other affected department or bureau, shall submit all costs, fees, charges and expenses related to the provision of such services to the City Manager for review and billing to the property owner or the property owner's designated agent or representative. All such bills shall be paid in full within 60 days of the receipt thereof, and interest shall accumulate thereafter on any unpaid balances at the rate of 10% per annum until paid.
C. 
In addition, any bills, fines or penalties, including, but not limited to, cleanup costs, fees or expenses, that are imposed upon the City by any local, state or federal agency may be included in the City's billing or may be billed separately within 30 days of receipt and shall be paid as provided in Subsection B hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Such fees as shall be established from time to time by resolution of the City Council are hereby authorized.
The City may enforce the provisions of this article by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder, plus attorney fees pursuant to ordinance of the City of Farrell, or for any other relief that may be appropriate.