[Adopted 3-9-1999 by Ord. No. 199]
The Township hereby approves the Statement of Collection Policies,
for delinquent unpaid taxes, user charges and other items covered
by the Municipal Claims Act ("accounts"),[1] as presented to the Board of Commissioners and which is
to be filed with the enacted counterpart of this article.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
The Township hereby approves the following schedule of attorney fees
for services in connection with the collection accounts, which is
hereby determined to be fair and reasonable compensation for the services
set forth below, all in accordance with the principles set forth in
Section 3(a.1) of the Municipal Claims Law,[1] as added by Act No. 1 of 1996 (the "Act"):
|
Legal Services
|
Minimum Fee for Services
(Actual fees based on Solicitor's regular hourly
charges to Township)
| |
|---|---|---|
|
Initial review and sending first demand letter
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
File lien and mailing second demand letter
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
Prepare writ of scire facias
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
Obtain reissued writ
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
Prepare motion for alternate service
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
Prepare motion for summary judgement and related judgement
|
Hourly amount equal to Solicitor's regular charges to Township
| |
|
Prepare writ of execution of distribution and resolve
|
Hourly amount equal to Solicitor's regular charges to Township
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
B.
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, as
itemized in the applicable counsel bills, which shall be deemed to
be part of the fees.
C.
The amount of fees determined as set forth above shall be added to
the Township's claim in each account.
The following collection procedures are hereby established in
accordance with Act No. 1:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of account, the Township shall mail
or cause to be mailed, by certified mail, return receipt requested,
a notice of intention to the taxpayer or other entity liable for the
account (the "account debtor").
B.
If within 30 days after mailing the notice in accordance with Subsection A, the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorney fees, the Township shall mail or cause to be mailed, by first-class mail, a second notice to such account debtor.
C.
All notices required by this article shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Township, or such other address as it
may be able to obtain from the County Office of Assessment and Revision
of Taxes.
D.
Each notice as described above shall include the following:
(1)
The type of tax or other charge, the date it became due and the amount
owed, including penalty and interest;
(2)
A statement of the Township's intent to impose or assess attorney
fees within 30 days after the mailing of the first notice, or within
10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of attorney fees
may be avoided by payment of the account; and
(4)
The place of payment for accounts and the name and telephone number
of the Township official designated as responsible for collection
matters.
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this article.
