Borough of Baldwin, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 4-19-2016 by Ord. No. 869]
It is hereby enacted and ordained the authority of the same that in addition to the principal sewage rental charge, penalty and interest due on any sewage claim or sewage account as set forth in ordinances and any amendments thereto, the Borough of Baldwin hereby establishes the following additional fee schedules and additional charges as authorized by law to be imposed on delinquent accounts and delinquent claims of the Borough of Baldwin which charges are in addition to any other ordinance and/or resolution enacted or adopted by the Borough assessing cost, penalties, interest and fees, attorneys' fees for the collection of delinquent accounts:
A. 
An additional collection and accounting fee of $6 shall be added each month to each delinquent account of the Baldwin Borough that remains delinquent for 60 days from the date first billed. The additional delinquent fee of $6 will be added for each additional month that the delinquent account remains delinquent until the entire account becomes current. Each account that becomes delinquent in payment for any portion of the bill or for any amount due for a period of 60 days or longer will be assessed the delinquent accounting and collection fee until the entire account balance is made current.
B. 
Each delinquent account of the Borough of Baldwin that is scheduled for shut off of services due to a delinquency in the account shall be assessed and charged a property posting fee of $15 for the posting of the notice of termination of services. Each individual posting of the realty of a notice to terminate services will result in a charge of $15 being assessed and charged to the said posted delinquent account for each posting.
C. 
Each property to which water service has been terminated due to delinquency in the sewage user's fee account owes to the Borough of Baldwin shall be assessed $35 for the termination of water services plus an additional accounting and management fee of $10; provided, however, if the water company increases or decreases its current fee to terminate the water services from $35 than the amount charged to the Borough by the water company for said termination shall be the amount assessed and charged to the service account, plus an additional accounting and management fee of $10.
D. 
Each property that has had its water service terminated due to the aforesaid delinquency will be assessed and charged a service charge of $35 to reinstate water services plus an additional accounting and management fee of $10; provided, however, if the Water Company increases or decreases its current fee to reinstate water service from $35; than the amount charged to the Borough by the Water Company shall be the amount assessed and charged to the reinstated service account plus an additional accounting and management fee of $10.
E. 
If payment is made by any negotiable instrument that is dishonored for any reason (i.e., NSF, closed account stop payments, etc.), then the rate payer or user of the sewerage collection and treatment system of the Borough of Baldwin shall be assessed and charged $38 for each dishonored negotiable instrument. In the event that the Bank's fee charged for dishonored Checks increase, then the aforesaid amount of $38 will be increased an equal amount and shall be charged to the drawer of the check, to the maker of the negotiable instrument delinquent account, or to the account.
F. 
Cost of postage and/or certified mail shall be assessed and charged at the actual postage cost to the delinquent account.
G. 
Notary public fees shall be assessed and charged at the actual cost incurred to the delinquent account.
H. 
Fees for online payments shall be charged and assessed to the rate payer. The current fee is $1.50 for each ACH transaction and $1.50 for each online credit card or debit card charge; provided, however, if the online clearing company fees increase, then the fee charged by said clearing company shall be the fee imposed.
I. 
Fees for title certifications shall be $30 per certification and paid by the title company or the buyer of the real estate.
J. 
This section relates to costs and legal fees incurred in collection of delinquent sewage accounts of the Borough of Baldwin. Any sewage account that is not fully paid on or before the due date of the first delinquency notice, (i.e., 60 days from the initial bill), is hereby declared to be a delinquent account subject to these charges set forth in this section; provided however, dishonored negotiable instruments are assessed and charged the aforesaid fee of $38 with the returned of any check unpaid for any reason even if the account is not delinquent. The costs and fees that are to be assessed to the delinquent accounts are to be paid directly to the designated Borough's collector of sewage user's fees, and shall be kept by the aforesaid collector and/or the collector's attorneys who prosecute the claims as payment for the collection, managing, and accounting fees. Any cost prepaid by the Borough to the Borough's collector for the collection of said delinquent accounts that is recovered from the delinquent accounts shall be reimbursed to the Borough to the extent of the moneys that were recovered from and were paid by the delinquent property owner or delinquent account holder. The Borough shall advance posting payments of $15 per posting to the designated Borough's collector prior to the postings, or such cost shall be offset in the monthly amounts due the Borough. The Borough shall pay the shutoff cost either directly to the water company or to the Borough's collector to pay to the water company upon billing by the water company. In the event that any of the delinquent accounts are rental property, then the owner of the realty is responsible for these additional costs and fees in addition to any unpaid usage charges, penalties and interest. Landlords are required to register all rental realty and properties with the designated collector of the sewage accounts, and landlords who have registered with the designated collector that the realty is a rental property with a tenant(s) shall receive a notice of a delinquency in the tenant's account within 30 days after the account becomes delinquent. Landlords who fail to register with the designated collector that the realty is rental realty or if the account is in the landlord's name, then there is a nonrebuttable presumption that the landlord is responsible for the payment of the sewage account, even if the landlord did not receive the thirty-day notice of the tenant's delinquency.
K. 
That in addition to all costs incurred, the schedule of legal and administrative fees that the designated collector of sewage usage fees or his designated attorney or agent are authorized to charge in the collection of delinquent sewerage accounts are as follows:
Schedule of Legal Fees
Legal Services
Fee for Services
Preparing and sending demand letter regarding payment of delinquency
$75 assessed to the delinquent account
Filing of lien
$150 assessed to the delinquent account
Title search
$250 assessed to the delinquent account
Preparation and service of writ of scire facias
$600 assessed to the delinquent account
Required additional notice and presentation of related motions regarding federal tax liens, judgments and mortgages
$150 assessed to the delinquent account
Alternative service of legal pleadings
$250 assessed to the delinquent account
Entry of judgment
$150 assessed to the delinquent account
Preparation of writ of execution and attend initial sheriff sale
$750 assessed to the delinquent account
Preparation of documents and attendance at second sheriff sale
$600 assessed to the delinquent account
Review schedule of distribution and resolve distribution issues
$250 assessed to the delinquent account
Installment payment agreement at taxpayer's request
$100 assessed to the delinquent account
Services not covered above
$150 per hour — attorney
$75 per hour — paralegals
$50 per hour — law clerks