[HISTORY: Adopted by the Borough Council of the Borough of
Downingtown as indicated in article histories. Amendments noted where
applicable.]
[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.
