To be fair to all property owners, it is necessary for East
Bradford Township (the "Township") to recover promptly the amount
of delinquent municipal claims. The Municipal Claims and Tax Liens
Act, 53 P.S. § 7101 et seq. (the "Act"), authorizes the
addition of attorney fees, charges, costs, expenses, commissions and
fees to the total payable with respect to delinquent municipal claims,
but only if the municipality involved has approved by ordinance a
schedule of such fees. The Township has determined that it is in the
best interest of all property owners and other residents to have vigorous
enforcement of all delinquent municipal claims, utilizing the procedures
set forth in the Act, except in the cases of serious hardship, which
the Township will address on a case-by-case basis pursuant to uniform
policies.
As used in this chapter, the following terms shall have the
meanings indicated:
Any and all fees, rents, charges, penalties, fines or any
other money owed to the Township under this Code or Township resolution,
excluding any tax, together with interest and costs accrued thereon,
including attorney's fees, by action at law and/or by filing a lien
or liens for the same in the office of the Prothonotary of the Court
of Common Pleas of Chester County, Pennsylvania, and which has not
been paid on or before the 30th day after the billing/notice date.
The following collection procedures are hereby established in
accordance with the Act:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of a delinquent municipal claim, the
Township or its designee shall mail or cause to be mailed, by certified
mail, return receipt requested, a notice of such intention to the
property owner or other entity liable for the claim (the "property
owner").
B.
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Township or
its designee shall mail or cause to be mailed, by first class mail,
a second notice to the property owner.
C.
All notices required by this chapter shall be mailed to the property
owner'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 tax assessment office.
D.
Each notice as described above shall include the following:
(1)
The type of municipal claim 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 municipal claims and the name and telephone
number of the Township's representative designated as responsible
for collection matters.
[Amended 8-9-2022 by Ord. No. 03-2022]
The Township appoints Michelle R. Portnoff, Esquire, as Solicitor
for the limited purpose of collecting the unpaid claims and hereby
authorizes her, and all attorneys employed by Portnoff Law Associates,
Ltd., to sign any and all documents, including municipal claims and
liens, on behalf of the Township.
