[Ord. 807-14,[1] 9/22/2014]
The following rates and fees shall apply to the collection of
municipal claims by the Borough:
A.
Administrative Fee. An administrative fee of $150, which includes
all costs incurred by office staff and the mailing of notice(s) of
delinquency, shall be added to the unpaid municipal claim.
B.
Interest. Interest will be assessed upon all delinquent municipal
claims at a rate of 10% per annum.
C.
Attorneys' Fees and Costs. The Borough of Hamburg's attorneys'
fees incurred by its Solicitor for services in connection with collection
of delinquent accounts shall be at the hourly rate of the Solicitor
then in effect, which is hereby determined to be fair and reasonable
compensation for such services, and which hourly rate shall be established
and amended from time to time by resolution of Borough Council under
its Schedule of Fees[2] all in accordance with the principles set for in the Act.[3] There shall also be added to the above fee all reasonable
out-of-pocket expenses of counsel in connection with each of these
services as itemized in the applicable legal bills which shall be
deemed part of the fees.
D.
The amount of fees determined as set forth above shall be added to
the Borough's municipal claim for each delinquent account.
[1]
Editor's Note: This ordinance also superseded former
Part 11, Overdue Utility Bills (Ord. 618, 5/3/1993, as amended).
[Ord. 807-14, 9/22/2014]
The following collection procedures are hereby established in
accordance with the Act:
A.
Initial Bill. An initial bill shall be issued to each customer and
shall be delivered to each customer via regular United States mail
by the Borough. Initial bills shall inform customers of the amount
due, the issue date, the due date, the forms and methods of payment
permitted, that interest/late charge of 6% of the past amount due
will be assessed on all bills not paid by the due date, that the amount
of attorneys' fees and costs incurred in collection will be assessed
and that the Borough may file a lien against a delinquent property
owner, among other things. The initial bill shall be payable upon
the date of presentation and shall be paid not later than the due
date appearing on the bill. After such due date, an unpaid account
is considered a delinquent account.
B.
Past-Due Notice. For each initial bill that is not paid by its due date, the Borough shall issue a past-due notice for the delinquent account, which shall be delivered to each delinquent customer via certified mail and/or regular United States mail. The past-due notice shall inform the customer that the account is delinquent and that interest fee of 6% of the past amount due has been assessed and that the amount of attorneys' fees and costs incurred in collection will be assessed. The past-due notice shall also state that the Borough will impose a municipal lien against the property if the account remains delinquent for 30 days after the date of the past-due notice, which amount of municipal lien shall include all costs set forth in § 1-1101 above.
C.
All notices required by this part shall be mailed to the last known
post office address as recorded in the records or other information
of the Borough of Hamburg or such other addresses which may be able
to be obtained from the county office of assessment or obtain from
appropriate county offices.
D.
The Borough shall be authorized to direct the Borough Solicitor to
file a municipal lien against the property when the delinquent account
is past due for 30 days after the date of the past-due notice in accordance
with Subsection E below.
E.
At the direction of the Borough, the Borough Solicitor may institute
proceedings to enforce municipal lien claims in accordance with the
enforcement provisions of the Act. Accordingly, the Borough Solicitor,
upon such authorization, shall file a civil suit against the owner
in order to obtain a civil judgment and institute execution proceedings,
as necessary, to collect the delinquent amounts.
F.
When a customer requests that a municipal lien claim be released,
the Borough shall collect the full amount of the delinquent account,
in addition to all other current charges that may be due and all filing
costs and expenses that the Borough will incur in filing the lien
release. On an as-needed basis, the Borough shall notify the Borough
Solicitor of all liened properties whose accounts have been paid in
full. Upon such notification, the Borough Solicitor shall promptly
file with the Berks County Court of Common Pleas a release of liens
with respect to such properties.
[Ord. 807-14, 9/22/2014]
The proper officials of the Borough of Hamburg are hereby authorized
and empowered to take such additional actions as they may deem necessary
or appropriate to implement this part.
[Ord. 807-14, 9/22/2014]
A.
Effective Date; Implementation. This policy shall become effective
as of the earliest date permitted by law following enactment of this
part but apply to any and all delinquent accounts regardless of the
billing period, including those existing prior to the effective date
of this policy and those arising on and after the effective date of
this policy.
B.
This policy may only be amended in writing and upon approval by resolution
of the Borough Council of the Borough of Hamburg at a regular or special
meeting.
