[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-2-1997 by Ord.
No. 6-2-97-1 (Ch. 5, Art. I, of the 1992 Code)]
The Borough hereby approves the Statement of Collection Policies
for delinquent unpaid taxes, user charges and other items covered
by the Municipal Claims Act ("Accounts"), as presented to this meeting,
and which is to be filed with the enacted counterpart of this article.
A.
The Borough hereby approves the following schedule of attorney fees
for services in connection with the collection of accounts, which
is hereby determined to be fair and reasonable compensation for the
services set forth below, all in accordance with the principles set
forth in Section 3(a.1) of the Municipal Claims Law as added by Act
No. 1 of 1996 (the "Act"):[1]
|
Legal Services
|
Fees for Services
|
|---|---|
|
Initial review and sending first demand letter
|
$100
|
|
File lien and mailing second demand letter
|
$100
|
|
Prepare writ of scire facias
|
$100
|
|
Obtain reissued writ
|
$100
|
|
Prepare and mail letter under Pa. R.C.P. § 237.1
|
$100
|
|
Prepare motion for alternate services
|
$100
|
|
Prepare motion for summary judgment and related judgment
|
$100
|
|
Prepare writ of execution
|
$100
|
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$300
|
|
Services not covered above, per hour
|
$100
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
B.
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, as
itemized in the applicable counsel bills, which shall be deemed to
be part of the fees.
C.
The amount of fees determined as set forth above shall be added to
the Borough's claim in each account.
The following collection procedures are hereby established in
accordance with Act No. 1:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough shall mail
or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the account (the "account debtor").
B.
At least 10 days prior to the assessing or imposing such attorney
fees, the Borough shall mail or cause to be mailed, by first class
mail, a second notice to such account debtor.
C.
All notices required by this article shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Borough, or such other address as it may
be able to obtain from the Borough Office of Assessment and Revision
of Taxes.
D.
Each notice as described above shall include the following:
(1)
The type of tax or other charge, the date 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 within 30 days after the mailing of the first notice or within
10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition 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 official designated as responsible for collection matters.
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 article.
