Borough of Fox Chapel, PA
Allegheny County
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[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-17-1997 by Ord. No. 591 (Ch. 1, Part 9, of the 1978 Code of Ordinances)]
The Borough hereby approves the attached schedule of attorneys' fees[1] for services in connection with the collection of delinquent taxes, user charges, municipal claims and any other item covered by the Municipal Claims and Liens Act, 53 P.S. § 7106 ("accounts"), which schedule is incorporated herein by reference and is hereby determined to be fair and reasonable compensation for the services set forth therein, all in accordance with the principles set forth in the Act.
Editor's Note: The fee schedule is attached to this chapter.
The amount of fees determined as set forth in said schedule shall be added to the Borough's claim in each account.[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following collection procedures are hereby established in accordance with the Act:
At least 30 days prior to assessing or imposing attorneys' 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").
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing of such attorneys' fees, the Borough shall mail, or cause to be mailed, a second notice to such account debtor.
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 County Office of Assessment or Tax Department.
Each notice as described above shall include the following:
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest.
A statement of the Borough's intent to impose or assess attorneys' fees within 30 days after the mailing of the first notice or within 10 days after the mailing of the second notice.
The manner in which the assessment of imposition of attorneys' fees may be avoided by payment of the account.
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. From the date of delinquency of an account to the date a lien is filed, interest will be changed at the rate set forth in 41 P.S. § 202, as amended or superseded from time to time. Pursuant to the Act, the interest rate on accounts which have been liened or filed is reaffirmed at 6% per annum. The penalty rate of 6% on delinquent real estate taxes is reaffirmed. Both rates shall remain effective until changed.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).