[Ord. 776, 3/20/1997, § 2]
The Municipal Claims and Tax Lien Law, as amended by Act 1-1996,
provides in part that charges, expenses and fees incurred in the collection
of any delinquent account, including reasonable attorney fees under
said Act may be added to the amount of municipal claims for failure
to pay promptly. Said Act further provides in part that "attorney
fees incurred in the collection of any delinquent account shall be
in an amount sufficient to compensate attorneys undertaking collection
and representation of a municipality and actions involving claims
arising under this Act. A municipality by ordinance . . . . shall
adopt the schedule of attorney fees." This Part is intended to and
shall adopt a schedule of attorney fees for said representation of
the Borough in actions involving municipal claims.
[Ord. 776, 3/20/1997, § 3; as amended by Ord. 972,
2/18/2016]
Attorney fees to be charged in any matter involving municipal
claims actions shall be calculated and included at 10% of the amount
of the past due balance sought to be collected but in no event less
than $300 per claim.
[Ord. 776, 3/20/1997, § 4]
Any time attorney fees are awarded pursuant to any provision
of law, then the Borough shall not be entitled to duplicate recovery
of attorney fees under this Part.
[Ord. 776, 3/20/1997, § 5]
At least 30 days prior to assessing or imposing attorney fees
in connection with the collection of a delinquent account, the Borough
shall, by United States certified mail, return receipt requested,
postage prepaid, mail to the owner the notice required by § 507
of this Part.
[Ord. 776, 3/20/1997, § 6]
If within 30 days of mailing the notice in accordance with the
foregoing, 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 fees in connection with the collection of a delinquent
account, the Borough shall, by United States First Class Mail, mail
to the owner the notice required by this Part.
[Ord. 776, 3/20/1997, § 7]
The notice required by this Part shall be mailed to the owner's
last known post office address by virtue of the knowledge and information
possessed by the Borough and by the Lancaster County office responsible
for assessments and revisions of real estate taxes. It shall be the
duty of the Borough to determine the owner's last known address known
to the said Tax Collector and/or Lancaster County Assessment Office.
[Ord. 776, 3/20/1997, § 8]
The notice to the owner shall include the following:
A.
A statement of the Borough's intent to impose or assess attorneys
fees within 30 days of the mailing of the certified mail notice set
forth above or within 10 days of mailing of the regular mail notice
sent out in accordance with the foregoing.
B.
The manner in which the imposition of assessment of attorney fees
may be avoided by payment of the delinquent account.
[Ord. 776, 3/20/1997, § 10]
Nothing contained in this Part shall be construed to affect
any suit or proceeding pending in any court or any rights acquired
or liability incurred or any cause of action existing prior to the
enactment of this Part.
