Borough of Bristol, PA CHARGE OR ASSESSMENT FOR GARBAGE AND REFUSE REMOVAL

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Part 2 CHARGE OR ASSESSMENT FOR GARBAGE AND REFUSE REMOVAL

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§ 20-201 Annual Charge or Assessment Imposed.

§ 20-202 Service Rendered for Payment of Annual Charge; Separate Contract for Additional Service.

§ 20-203 Collection of Delinquent Assessments; Filing of Liens.

§ 20-204 Reduction in Assessment in the Case of Multi-Family Buildings.

§ 20-201 Annual Charge or Assessment Imposed.

[Last amended by Ord. No. 1335, 11/26/2019]

A charge or assessment in the amount of $395 per year for each residence, residential unit and place of business situated in the Borough of Bristol, Bucks County, Pennsylvania is hereby imposed for the calendar year 2020.

Said dwellings and places of business in consideration of said payment shall receive the same service in the same manner as provided in the contract for refuse collection. The owners of any dwellings or places of business desiring service in excess of that provided for in said contract shall, with the authorization of the Borough Council, separately contract for same and the cost of said additional service, if any, shall be paid separately by persons desiring same.

The assessment herein imposed if not paid shall be collected by the Borough Solicitor together with a penalty of 10% as other matters payable to the Borough are collected, and nonpayment shall entitle the Borough to file a municipal lien against the premises so served.

§ 20-202 Service Rendered for Payment of Annual Charge; Separate Contract for Additional Service.

[Ord. 999, 12/9/1985, § 1; as amended by Ord. 1014, 12/30/1986; by Ord. 1023, 12/14/1987; by Ord. 1035, 12/12/1988; by Ord. 1045, 12/11/1989; by Ord. 1060, 12/10/1990; by Ord. 1069, 12/9/1991; by Ord. 1077, 12/18/1992; by Ord. 1086, 12/13/1993; by Ord. 1091, 12/12/1994; by Ord. 1101, 12/11/1995, § 1; by Ord. 1110, 12/9/1996; by Ord. 1123, 12/8/1997; by Ord. 1139, 12/14/1998; by Ord. 1150, 12/13/1999; by Ord. 1159, 12/11/2000; by Ord. 1163, 12/10/2001; Ord. 1172, 12/9/2002; by Ord. 1180, 12/8/2003; by Ord. 1195, 12/13/2004; by Ord. 1215, 12/12/2005; by Ord. 1230, 12/11/2006; by Ord. 1247, 12/10/2007; by Ord. 1259, 12/8/2008; and by Ord. 1269, 12/14/2009]

§ 20-203 Collection of Delinquent Assessments; Filing of Liens.

The assessment herein imposed if not paid shall be collected by the Borough Solicitor together with a penalty of 10% as other matters payable to the Borough are collected, and non-payment shall entitle the Borough to file a municipal lien against the premises so served.

Fees to Be Added to the Unpaid Claims. The Borough hereby approves the following fee schedule for the collection of the unpaid claims, which fees shall be added to the unpaid claims:

Legal Fees.

Action	Fee
Initial review and sending first legal demand letter	$175
File lien and prepare satisfaction	$250
Prepare writ of scire facias	$250
Prepare and mail letter under Pa.R.C.P. 237.1	$50
Prepare default judgment	$175
Research, prepare and obtain reissued writ	$175
Prepare praecipe to amend	$100
Prepare motion to amend	$150
Present motion to amend	$50
Obtain vehicle identification number (VIN) for mobile home	$100
Prepare motion for alternate service	$250
Present motion for alternate service	$50
Prepare motion for consolidate claims	$250
Present motion for consolidate claims	$50
Prepare motion to add United States as defendant	$175
Present motion to add United States as defendant	$50
Prepare writ of execution	$800
Attendance of sale, review schedule of distribution and resolve distribution issues	$400
Prepare motion to continue sheriff sale	$50
Present motion to continue sheriff sale	$50
Prepare petition for free and clear sale	$400
Present petition for free and clear sale	$50
Services not covered above	at an hourly rate between $75-$275 per hour

Collection Fees.

Action	Fee
Notice of delinquent claim and fee shifting	$40 per notice plus applicable postage
Bookkeeping fee for payment plan of 3 months or less	$25
Bookkeeping fee for payment plan of more than 3 months	$50
Handling fee for returned check	$25

Costs to Be Added to the Unpaid Claims. In addition to the fees set forth in Subsection 1 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions, and fees incurred in the collection of the unpaid claims, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and sheriff fees and charges, shall be added to the unpaid claims.

Credit Card and Debit Card Charges. The Borough authorizes any attorney of private collector collecting the unpaid claims to accept payment of the unpaid claims by credit or debit card. When payment is made by credit card or debit card, any fees charged by the credit card company, debit card company, credit card servicing agent, or debit card servicing agent shall be charged immediately to the credit card or debit card used to make payment. This applies to credit card or debit card payment made by mail, telephone, over the internet, or in person.

Interest.

[Amended by Ord. No. 1349, 11/8/2021]

Interest of 10% shall be added to any trash fee which remains unpaid 30 days after becoming due, and an additional 10% interest shall be assessed annually thereafter;

This provision shall be retroactive to January 1,2017;

All interest charges assessed in connection with delinquent trash fee balances on or after January 1, 2017 are hereby ratified.

Collection Procedures. The following collection procedures are hereby established in accordance with the Act:

At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an unpaid claim account, the Borough 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 account (collectively, the "property owner").

If the certified mail notice is undeliverable, then at least 10 days prior to assessing or imposing such attorney fees, the Borough or its designee shall mail or cause to be mailed, by first class mail, a second notice to the property owner.

All notices required by this section shall be mailed to the property owner's last known post office address as recorded in the records or other information of the Borough or such other address obtained by the Borough from the county tax assessment office.

Each notice as described above shall include the following:

(1)

The type of municipal claim or other charge, the year that it became due, and the amount owed, including penalty and interest.

(2)

A statement of the Borough's intent to impose or assess attorney fees no earlier than 30 days after receipt of the first notice, or no earlier than 10 days after receipt of the second notice.

(3)

The manner in which the imposition or assessment of attorney fees may be avoided by payment of the account; and

(4)

The place of payment for accounts and the name and telephone number of the Borough's representative designated as responsible for collection matters.

Related Action. The proper officials of the Borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this section.

Appointment of Solicitor. The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting 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 Borough.

§ 20-204 Reduction in Assessment in the Case of Multi-Family Buildings.

[Ord. 999, 12/9/1985; as added by Ord. 1220, 4/17/2006]

In the case of a multi-family building the following assessment rates for refuse removal shall apply:

1st unit	100% of Assessment
2nd unit	90% of Assessment
3rd unit	80% of Assessment
4th unit or any additional units	70% of Assessment