[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 10-21-1997 by Ord.
No. 792 (Ch. I, Part 11, of the 1993 Code of Ordinances).
Amendments noted where applicable.]
All municipal claims lawfully imposed or assessed on any property
in the Borough of West Reading pursuant to the Municipals Claim and
Tax Liens Law, the Act of May 16, 1923, P.L. 207, No. 153 (53 P.S.
§ 7101 et seq.), as amended (the "Act"),[1] in the manner and to the extent set forth in the Act,
shall be and hereby are declared to be a lien on said property, together
with all charges, expenses and fees incurred in the collection of
any delinquent account, including reasonable attorneys' fees added
for failure to promptly pay, and said liens shall arise when lawfully
imposed and assessed and shall have priority to and be fully paid
and satisfied out of the proceeds of any judicial sale of said property
before any other obligation, judgment, claim, lien or estate with
which said property may become charged, or for which it may become
liable, save and except only the costs of the sale and of the writ
upon which it is made, and the taxes imposed or assessed upon said
property.
[1]
Editor's Note: Amendments to the Act include Act No. 93 of
2013, effective 1-24-2014.
Attorneys' fees incurred in the collection of any delinquent
account shall be in an amount sufficient to compensate attorneys undertaking
collection and representation of the Borough in actions involving
claims arising under the Act, and shall be determined in accordance
with a schedule of attorneys' fees adopted by resolution of the Borough
Council.
The procedures for collection of attorneys' fees, charges and
expenses incurred by the Borough in the collection of delinquent accounts,
delinquent taxes and fees shall be as set forth in the Act.
If no affidavit of defense is filed within the time designated
by the Act, judgment may be entered and damages assessed by the Prothonotary
of Berks County, Pennsylvania, by default for want thereof. Such assessment
shall include a fee for collection to the Borough's attorneys in accordance
with the Act.
The Borough shall not be liable to any attorney for the amount
of any attorneys' fees found to be unreasonable by the court.
