[Last amended by Ord. No.
1335, 11/26/2019]
1. 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.
2. 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.
3. 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.
[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]
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.
[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; by Ord. 1269, 12/14/2009; and
by Ord. No. 1345, 8/9/2021]
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.
1. 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:
A. 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
|
B. 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
|
2. 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.
3. 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.
4. Interest.
[Amended by Ord. No. 1349, 11/8/2021]
A. 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;
B. This
provision shall be retroactive to January 1,2017;
C. All interest
charges assessed in connection with delinquent trash fee balances
on or after January 1, 2017 are hereby ratified.
5. Collection Procedures. 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 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").
B. 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.
C. 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.
D. 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.
6. 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.
7. 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.
[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
|