[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
This Part 8 shall be known as the "Tax, Tax Claim, Tax Lien,
Municipal Claim and Municipal Lien Attorney Fees and Servicing Charges,
Expenses and Fees Ordinance."
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
Actual out-of-pocket expenses in connection with any enforcement
action, such as for postage, non-Sheriff's service of process,
investigation of the whereabouts of interested parties, title searches
and other necessary expenses, shall constitute reimbursable expenses
as part of each delinquent claim recovered. In any enforcement proceeding,
the actual cost of a title search or bringdown, if within the amount
detailed in § 807, shall constitute a reasonable expense.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
The Schedule of Attorney Fees included in § 807 is
hereby adopted and approved as reasonable attorney fees pursuant to
Act 1 and Act 20[1] for all matters described, which fees shall be awarded
to the municipality, its agents, counsel or assigns in each action
initiated pursuant to the Act for the collection of unpaid delinquent
claims. The property owner's obligation to pay the full amount
of the flat fee for each phase of each action shall accrue upon the
initiation of any aspect of each phase. The full amount of each flat
fee for each prior phase of the proceeding shall carry over and be
due on a cumulative basis together with the flat fee for each subsequent
phase.
[1]
Editor's Note: See the Pennsylvania Municipal Claim and
Tax Lien Law, 53 P.S. § 7106.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
1.
Pursuant to Sections 1, 2 and 3 of the Act of May 16, 1923, as amended,
53 P.S. §§ 7101, 7103 and 7106, and specifically in
the schedule found in accordance with Act 83 of 2004, the municipality
does hereby authorize the recovery of charges, expenses and fees and
adopts the schedule of charges, expenses and fees included in § 807,
which amounts are the direct result of each person's or property's
failure to pay delinquent claims promptly. The servicing expenses,
charges and fees established, assessed, and collected hereunder shall
be in addition to the record costs, § 802 expenses and § 803
attorney fees associated with legal proceedings initiated by or on
behalf of the municipality to collect its delinquent claims.
2.
Servicing of a delinquent claim or delinquent claims may result in voluntary payment without the initiation of enforcement proceedings. It is the intent of this Part 8 to pass the cost of servicing on to the delinquent person or property as part of each delinquent claim. The recovery of servicing expenses, out-of-pocket expenses and postage expenses established herein shall not be contingent upon the initiation of enforcement proceedings. However, such servicing expenses, out-of-pocket expenses and postage expenses are due even where enforcement proceedings are initiated. The purpose of this section is to pass the entire cost and expense associated with delinquent collection on to the delinquent person or property and to make the municipality whole on all delinquent claims collected.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
The notice required by the Act, as amended, 53 P.S. § 7106,
shall be provided in accordance therewith and shall be incorporated
into an appropriate delinquency notice or notices sent by the municipality,
its agent, counsel or assigns. Fees accumulated as a result of enforced
collection shall be certified by duly appointed counsel for the municipality
authorized to pursue collection of delinquent claims pursuant to the
Act, or by counsel for the municipality's agents or assigns and,
if not collected in due course with the debt as by voluntary payment,
shall be included in any delinquent claims filed on behalf of the
municipality or by its agents or assigns in the course of enforcement.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
All interest and penalties related to delinquent claims shall
be charged at the rate of 10%. All penalties related to delinquent
tax claims and municipal claims shall be charged at the rate of 10%.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
1.
Service Charges:
A.
Delinquent account servicing fee, including records imaging and detailed
recordkeeping, office staffing, computer equipment and software, office
space, telephone, printing and imaging equipment, and supplies used
to generate delinquent notices and to establish monthly payment plan:
10% of tax, penalty and interest due.
B.
Prepare and mail thirty-day delinquent notice: $50.
C.
Nonsufficient fund check fee: $29.
D.
Partial payment fee: $3.
3.
Attorney Fees - Court of Common Pleas:
A.
Scheduled or posted Constable execution sale: $350.
B.
Prepare arbitration complaint: $150.
C.
Prepare general docket proceeding: $375.
D.
Trial, arbitration or mediation: $350.
E.
Negotiate and prepare subsequent payment plan agreement: $75.
F.
Prepare writ of scire facias sur tax lien in furtherance of Sheriff
tax sale: $600.
G.
Sheriff sale claim notice: $50.
H.
Prepare reissue writ: $125.
I.
Enter default judgment: $225.
J.
Issue writ of execution in Sheriff sale: $700.
K.
Sheriff sale/trial postponement: $100.
L.
Scheduled or posted Sheriff sale: $500.
5.
Title Search. In any enforcement proceeding, the actual cost of a
title search in an amount not to exceed $250 shall constitute a reasonable
expense for each title search necessary for the initiation of each
proceeding in compliance with Pa. R.C.P. 3129. The sum, not to exceed
$50, shall constitute a reasonable expense for each bringdown or update
of the title search in connection with the entry of judgment, issuance
of execution, listing for sale, or other action.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
1.
This Part 8 shall take effect upon adoption.
2.
Liability for payment of servicing expenses, charges and fees shall
accrue as follows:
A.
Immediately upon the effective date for all of the municipality's
unpaid delinquent tax claims for calendar years 2012 and prior.
B.
January 15th of each year, beginning January 15, 2014, for all of
the municipality's delinquent tax claims for calendar years 2013
and thereafter if not paid in full on or before January 14th of the
year after which the taxes first became payable.
C.
Immediately upon the effective date for all of the municipality's
delinquent municipal claims due in 2013 and prior years originally
billed more than 30 days from the effective date.
D.
On the 31st day from the initial billing date for all of the municipality's
unpaid delinquent claims for calendar years 2013 and thereafter not
paid in full within 30 days after the date of the initial billing
for the delinquent claims.
E.
For delinquent tax claims following tax bills resulting from additional
assessments:
(1)
By December 31st of the current year or on the 121st day from the
initial billing date, whichever is later, for a current year's
additional assessment, billed in the current year;
(2)
On the 121st day from the initial billing date for a prior year's
additional assessment, billed in a later year.
[Ord. 1869, 7/24/1997; as amended by Ord. 1964, 11/25/2013]
The municipality assigns the provisions of this Part 8 to any
assignee of its delinquent claims unless the assignment limits the
assignee's ability to collect such amounts. The municipality
and its duly authorized agents and their counsel shall retain all
rights to charge reasonable attorney fees, charges, expenses, and
fees in accordance with the provisions of this Part in actions commenced
under the Act and for servicing any delinquent claims retained by
the municipality.
