[Ord. 1086, 7/16/2012, § 1]
1.
Pursuant to the Municipal Claims Act, the Borough of Emmaus hereby
adopts the following schedule of attorney's fees in connection with
the collection of municipal claims including both tax liens and municipal
liens as follows:
A.
Tax Liens.
(1)
For payments made after a claim is turned over to counsel but
prior to the issuance of the collection letter, the sum of $25 for
each payment received.
(2)
For payments made after the issuance of the thirty-day certified
mail collection letter, the sum of $100 for each payment received.
(3)
For preparation and filing of the tax lien, the sum of $500.
(4)
For preparation and filing of the Praecipe and Writ of Scire
Facias, the sum of $500.
(5)
For any additional work required on a contested tax lien, an
hourly rate of $250.
(6)
For a Sheriff's Sale proceeding, the sum of $500 minimum for
work and document preparation on each lien plus an hourly rate of
$250 for any additional work required.
(7)
For any additional work required, the sum of $250 per hour.
(8)
All above sums shall be additive.
B.
Municipal Liens.
(1)
For issuance of the thirty-day certified mail notice letter,
the sum of $100.
(2)
For preparation and filing of the municipal lien, the sum of
$250.
(3)
For preparation and filing of the Praecipe and Writ of Scire
Facias, the sum of $500.
(4)
For any additional work required on a contested tax lien, an
hourly rate of $250.
(5)
For a Sheriff's Sale proceeding, the sum of $500 minimum for
work and document preparation on each lien plus an hourly rate of
$250 for any additional work required.
(6)
For any additional work required, the sum of $250 per hour.
(7)
All above sums shall be additive.
[Ord. 1086, 7/16/2012, § 2]
Pursuant to the Municipal Claims Act, the Borough of Emmaus
hereby sets the interest rate applicable to all municipal claims including
tax liens and municipal liens at a rate of 10%.
[Ord. 1086, 7/16/2012, § 3]
Court costs, filing fees and charges applicable to all municipal
claims including tax liens and municipal liens shall be additional
expenses to be collected from the debtor.
[Ord. 1086, 7/16/2012, § 4]
To establish an installment payment plan for delinquent real
estate taxes, an additional fee of $50 shall be collected from the
debtor.
[Ord. 1086, 7/16/2012, § 5]
The current fees for liens previously filed (which fees are
set forth in the repealed ordinances and resolutions) are hereby reaffirmed
and shall remain in effect for those liens filed prior to the effective
date of this Subpart.
[Ord. 1096, 4/1/2013, § 1]
All existing and future Borough ordinances are hereby amended
to include the following enforcement provision: "Any person found
guilty of violating an ordinance shall be assessed court costs and
reasonable attorney's fees incurred by the Borough in the enforcement
proceedings."
[Ord. 1096, 4/1/2013, § 2]
Nothing contained in this ordinance shall in any way modify
the Municipal claims and liens procedures and enforcement actions
for zoning under the Municipalities Planning Code including collections
and fees as set forth in those ordinances.
[Ord. 1096, 4/1/2013, § 3]
It shall be presumed that the attorney's fee hourly rate is
reasonable as long as it is equal to the rate that the Borough pays
its municipal solicitor. Additional charges may be reasonable depending
on the complexity and difficulty of the matter and, thus, the presumption
of reasonableness at the approved current rate for the Borough Solicitor
for litigation shall be a floor and not a ceiling on said rates.
[Ord. 1096, 4/1/2013, § 4]
The municipal solicitor's rate shall be the rate that is then
in effect for the Borough as concerns municipal litigation and shall
automatically correspond in the future to whatever rate is approved
by the Borough.
[Ord. 1096, 4/1/2013, § 5]
In order to protect the law abiding taxpayers of the Borough,
this ordinance requires a mandatory payment of court costs and reasonable
attorney's fees incurred by the Borough in the enforcement proceedings
where a person is found guilty of violating a Borough ordinance.
