[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
| |
