Borough of Downingtown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Downingtown as indicated in article histories. Amendments noted where applicable.]
Returned checks — See Ch. 118.
Fees — See Ch. 139.
Taxation — See Ch. 264.
[Adopted 6-19-2013 by Ord. No. 2013-08]
The Borough Solicitor is hereby authorized to file municipal claims against Downingtown Borough property owners ("property owners") for properties which are located within the Borough of Downingtown (the "Borough") and for which municipal accounts are delinquent or taxes unpaid due to nonpayment by the property owners, or for which money is otherwise owed to the Borough due to costs incurred due to the property owners' violation of Borough codes, ordinances or regulations (those properties hereinafter being referred to as "delinquent properties").
The Borough hereby imposes as additional costs to the property owners of delinquent properties for collection efforts upon such properties and for which municipal claims are filed, those additional costs being a ten-percent annual interest rate, and attorneys' fees and court costs for the collection of amounts owed to the Borough to reimburse the Borough for the attorneys' fees and court costs incurred in collection of amounts owed and the filing of municipal claims against such delinquent properties.
The Borough shall charge the property owners of delinquent properties for which municipal claims are filed reasonable attorneys' fees in the amount of $500 per claim which is filed and $145 per hour for legal work performed by the Borough Solicitor following the initial claim filing. If the hourly rate of the Borough Solicitor is increased to a reasonable rate over $145 per hour, then the hourly rate increase shall be equally applied to the municipal claim legal work performed by the Borough Solicitor and charged to the property owners of delinquent properties. The attorneys' fees shall be in addition to the initial amounts owed, the late charges, filing costs and any other costs incurred by the Borough in filing municipal claims.
This article shall become effective as provided by law, and the attorneys' fees and interest rates set forth herein may be altered by a resolution duly passed by Borough Council.