[Ord. 05-01, 1/13/2005, § 1]
The following terms shall have the following meanings as used
in this Part:
Includes all sums paid or incurred by a municipality to file,
preserve and collect unpaid taxes, tax claims, tax liens, municipal
claims and municipal liens, including, but not limited to, prothonotary
and sheriff fees, postage expenses, and title search expenses.
Includes (1) the claims arising out of, or resulting from,
a tax assessed, service supplied, work done, or improvement authorized
and undertaken, by Susquehanna Township, although the amount thereof
be not at the time definitely ascertained, and a lien therefor be
not filed, but becomes filable within the period and in the manner
provided; (2) the claims filed to recover for the grading, guttering,
macadamizing, or otherwise improving, the cartways of any public highway;
for grading, curbing, recurbing, paving, repaving, constructing, or
repairing the footways thereof; for laying water pipes, gas pipes,
culverts, sewers, branch sewers, or sewer connections therein; for
assessments for benefits in the opening, widening or vacation thereof;
or in the changing of watercourses or the construction of sewers through
private lands; or in highways of Susquehanna Township; or in the acquisition
of sewers and drains constructed and owned by individuals or corporations,
and of rights in and to use the same; for the removal of nuisances;
or for water rates, lighting rates, or sewer rates; and (3) the claims
filed to recover for work, material, and services rendered or furnished
in the construction, improvement, maintenance, and operation of a
project or projects of a body politic or corporate created as a Municipal
Authority pursuant to law. A municipal claim shall be together with
and shall include all penalties, interest, costs, fines, charges,
expenses and fees, including reasonable attorney fees, as allowed
by this Part and all other applicable laws.
[Ord. 05-01, 1/13/2005, § 2]
All municipal claims, municipal liens, taxes, tax claims and
tax liens which may hereafter be lawfully imposed or assessed on any
property in Susquehanna Township shall be and they are hereby declared
to be a lien on said property, together with all charges, expenses,
and fees incurred in the collection of any delinquent account, including
reasonable attorneys fees. Municipal claims shall arise when lawfully
imposed and assessed and shall have priority to and be fully paid
and satisfied out of the proceeds of any judicial sale of said property,
before any other obligation, judgment, claim, lien or estate with
which the said property may become charged, or for which it may become
liable, save and except only the costs of the sale and of the writ
upon which it is made, and the taxes, tax claims and tax liens imposed
or assessed upon said property.
[Ord. 05-01, 1/13/2005, § 3; amended by Ord. No. 23-01, 2/23/2023]
Attorney fees incurred in the collection of municipal liens
and claims, taxes, tax claims and tax liens shall be in an amount
sufficient to compensate attorneys undertaking collection and representation
of Susquehanna Township in any actions in law or equity involving
such claims. Susquehanna Township has determined that reasonable attorney
fees for the collection of municipal liens and claims shall be assessed
at an amount to be set forth in the Susquehanna Township Fee Schedule,
which is updated from time to time by resolution. The schedule of
attorney fees as set forth in the Susquehanna Township Fee Schedule
is based upon a consideration of the time and labor required, the
skill requisite to properly undertake collection and representation
of Susquehanna Township in relation to the municipal liens and claims,
the customary charges of the members of the bar for similar services,
and the benefit to the municipality from the service.
[Ord. 05-01, 1/13/2005, § 5; amended by Ord. No. 23-01, 2/23/2023[1]]
The owner of the property upon which a municipal lien or claim
is made may petition the Court of Common Pleas of Dauphin County to
adjudicate the reasonableness of the attorney fees imposed.
[Ord. 05-01, 1/13/2005, § 6]
At least 30 days prior to assessing or imposing attorney fees
in connection with the collection of a municipal lien or claim, Susquehanna
Township shall, by United States certified mail, return receipt requested,
postage prepaid, mail to the property owner the notice required by
53 P.S. § 7106.
