[Amended 2-26-2007 by Ord. No. 681; 7-1-2008 by Ord. No. 701; 11-26-2012 by Ord. No. 756; 9-24-2018 by Ord. No. 830; 12-13-2021 by Ord. No. 873; 11-27-2023 by Ord. No. 895]
A. Quarterly fee per home: $100.
B. Senior citizen quarterly fee per home: $90.
C. Rear yard collection quarterly fee per home: $150.
D. Senior citizen rear yard collection quarterly fee per home: $135.
[Added 6-25-2007 by Ord. No. 686; amended 5-23-2016 by Ord. No. 796]
A. If for any reason the solid waste and recyclable materials collection
and disposal fee is not paid when due, a late fee at the rate of 1.25%
per month on the amount of the unpaid fee shall be added and collected.
Where suit is brought for recovery of fees that are delinquent, the
person who is liable for the fee shall, in addition, be liable for
the cost of collection and interest and penalties herein imposed.
B. The following fees shall be charged by the Township for services
indicated, and liened against properties, and paid by delinquent account
holders in connection with overdue accounts owed to the Township for
solid waste disposal services charges:
(1) Actual out-of-pocket expenses in connection with any enforcement
action necessary to recover service charges shall be reimbursed to
the Township;
(2) A servicing fee associated with collection on delinquent accounts
in the amount of 5% of the gross amount collected;
(3) In the event that a municipal claim is filed against the delinquent
property, attorney's fees in the amount of $50 for the filing of a
municipal claim as well as any incidental court and recording costs;
and
(4) In the event that the Township's claim is processed through the office
of the Magisterial District Judge or the Court of Common Pleas of
Washington County, Pennsylvania, all filing and recording fees attributable
thereto, as well as all other attorney's fees incurred by the Township
incidental to such action.
C. Notice of the Township's intent to recover fees and costs shall be
provided to the delinquent account or property owner in accordance
with the Pennsylvania Municipal Claim and Tax Lien Law (53 P.S. § 7101
et seq.) and shall be incorporated into the delinquency notice sent
by the municipality. Fees shall accrue for all efforts in collection
after the 30th day following notice as provided above, or after the
10th day of any required second notice under the Pennsylvania Municipal
Claim and Tax Lien Law on all accounts referred to the Township's
Solicitor for enforcement. Legal fees and costs accumulated as a result
of enforced collection shall be certified by the Township's Solicitor
authorized to pursue collection of claims pursuant to the Pennsylvania
Municipal Claim and Tax Lien Law, and if not collected in due course
with the debt by voluntary payment, shall be included in any claims
filed on behalf of the Township in the course of enforcement.
D. Title search. In any enforcement proceeding, the actual cost of a
title search in an amount not to exceed $250 shall constitute a reasonable
expense for each title search necessary for the initiation of each
proceeding and compliance with Pa. R.C.P. § 3129. The sum
not to exceed $50 shall constitute a reasonable expense for each bringdown
or update of the title search in connection with entry of judgment,
issuance of execution, listing for sale, or other action.
(1) Actual out-of-pocket expenses in connection with any enforcement
action, such as for postage, non-Sheriff's service of process, investigation
of the whereabouts of interested parties and other necessary expenses
shall constitute reimbursable expenses as part of each delinquent
claim recovered.
E. Flat fee matters. The following schedule of attorney fees is hereby
adopted and approved as reasonable attorney fees pursuant to Act 1 and Act 20 for all matters described, which fees shall be awarded
to the municipality, its agents, counsel or assigns in each action
initiated pursuant to the Act for the collection of unpaid delinquent
claims. The property owner's obligation to pay the full amount of
the flat fee for each phase of each action shall accrue upon the initiation
of any aspect of each phase. The full amount of each flat fee for
each prior phase of the proceeding shall carry over and be due on
a cumulative basis together with the flat fee for each subsequent
phase.
(1) Filing of municipal claim. The sum of $150 shall constitute reasonable
attorney fees for the preparation and filing of a municipal claim
as defined under the Act.
(2) Preparation and service of writ of scire facias or complaint in assumpsit
as provided in the Act. The sum of $450 shall constitute reasonable
attorney fees for the initiation of each proceeding and shall include
preparation and filing of the praecipe for writ of scire facias or
complaint in civil action, Sheriff's direction for service, notice
pursuant to Pa. R.C.P. § 237.1 and the preparation and filing
of the praecipe to settle and discontinue the proceeding. The above
does not include:
(a)
Federal tax liens, judgments and mortgages. Where there are
federal tax liens, federal judgments, federal mortgages or other record
federal interests, the sum of $200 shall constitute reasonable attorney
fees for all matters necessary to properly notify and serve the United
States with all required additional notice and the presentation of
related motions to Court.
(b)
Alternative service of legal pleadings. In the event that a
special order of court is necessary to serve original process or any
other pleading, notice, court order or other document, the following
amounts shall constitute reasonable attorney fees as follows:
[1]
Investigation of defendant(s) whereabouts and preparation of
affidavit of diligent search: $100.
[2]
Preparation and presentation of motion for alternative service
and delivery of the Order of Court, along with appropriate directions
to the Sheriff for service: $200.
(3) Amicable scire facias or consent judgment. The sum of $400 shall constitute reasonable attorney fees for the preparation, filing, monitoring and conclusion of an amicable scire facias or consent judgment, including negotiation, preparation and filing of the pleading, acceptance of service, installment payment and/or forbearance agreement and satisfaction. See 53 P.S. § 7185. The municipality may, in its sole and absolute discretion, hold the amicable scire facias or consent judgment and file only in the event of a default in the terms and conditions of the amicable scire facias or consent judgment or any related installment or forbearance agreement. If a consent judgment is entered following the filing of writ of scire facias or complaint in assumpsit, then the flat fee for entry of the consent judgment shall be the same as that amount provided for in Subsection
E(4), "Entry of judgment," below.
(4) Entry of judgment. The sum of $225 shall constitute reasonable attorney
fees in connection with entry of judgment, which shall include preparation
and filing of the praecipe to enter judgment, notices of judgment,
affidavit of nonmilitary status, and the praecipe to satisfy judgment.
(5) Writ of execution: Sheriff's sale of property or execution upon assumpsit
judgment. The sum of $700 shall constitute reasonable attorney fees
for preparation of all documents necessary for each execution upon
any judgment pursuant to the Act. This sum shall include the preparation
and filing of the praecipe for writ of execution, all Sheriff's documents,
preparation and service of notices of Sheriff's sale, staying the
writ of execution, and attendance at one Sheriff's sale.
(a)
Postponements. The sum of $100 shall constitute reasonable attorney
fees for each continuance of Sheriff's sale at the request of the
defendant.
(6) Sale pursuant to § 31 of the Act, 53 P.S. § 7281.
The sum of $700 shall constitute reasonable attorney fees for the
sale of property pursuant to § 31 of the Act, 53 P.S. § 7281,
including preparation and service of necessary documents, court appearances,
attendance at sale and preparation of proposed schedule of distribution
of the proceeds realized from such sale.
(7) Sale pursuant to § 31.1 of the Act, 53 P.S. § 7282.
The sum of $500 shall constitute reasonable attorney fees for a sale
of property pursuant to § 31.1 of the Act, 53 P.S. § 7282,
including the preparation of necessary documents, service, court appearances,
and the preparation of proposed Sheriff's schedule of distribution.
(8) Installment payment agreement. The sum of $150 shall constitute reasonable
attorney fees for the preparation of each written installment payment
agreement.
(9) Motions. The sum of $200 shall constitute reasonable attorney fees
for the preparation, filing, and presentation of motions, other than
for alternative service, which shall include, but are not limited
to, motions to reassess damages, motions to amend caption, motions
to continue the Sheriff's sale.
F. Hourly rate matters.
(1) The following schedule of attorney fees is hereby adopted and approved as reasonable attorney fees pursuant to Act 1 and Act 20, which fees shall be awarded to the municipality, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in Subsection
E, above, undertaken in connection with the collection of delinquent claims:
(a)
Senior attorneys (practicing law for 10 years or more): $185
per hour.
(b)
Junior attorneys (practicing law for less than 10 years): $160
per hour.
(c)
Paralegals: $100 per hour.
(d)
Law clerks: $65 per hour.
(2) Each shall be as recorded and charged in units of 1/10th of an hour
for all time devoted to enforcement and collection of the municipality's
delinquent claims. Counsel, whether duly employed or duly appointed
by the municipality, its agents or assigns, shall not deviate from
this fee schedule absent a subsequent ordinance amending the same.
Hourly rate matters include, but are not limited to, any matters where
any defense, objection, motion, petition or appearance is entered
in any phase of any proceeding by or on behalf of any defendant or
other interested party.
G. Procedure.
(1) The notice required by the Act, as amended, 53 P.S. § 7106,
shall be provided in accordance therewith and shall be incorporated
into an appropriate delinquency notice or notices sent by the municipality,
its agent, counsel or assigns.
(2) Fees to be accrued and delinquent claims to be filed: Fees shall
accrue for all efforts in collection after the 30th day after the
notice, or after the 10th day of any required second notice under
the Act, as amended, 53 P.S. § 7106, on all accounts referred
to counsel for enforcement. Fees accumulated as a result of enforced
collection shall be certified by duly appointed counsel for the municipality
authorized to pursue collection of delinquent claims pursuant to the
Act, or by counsel for the municipality's agents or assigns and, if
not collected in due course with the debt as by voluntary payment,
shall be included in any delinquent claims filed on behalf of the
municipality or by its agents or assigns in the course of enforcement,
including any delinquent claims originally filed with the Department
of Court Records, any delinquent claims filed with the Sheriff or
in any other delinquent claims filed or statements provided where
attorney fees are due.
(3) The amount of fees determined as set forth above shall be added to
and become part of the delinquent claim or delinquent claims in each
proceeding as provided by the Act and as provided herein.
H. Servicing charges, expenses and fees approved.
(1) Pursuant to §§ 1, 2 and 3 of the Act of May 16, 1923, as amended, 53 P.S. §§ 7101, 7103 and 7106, and specifically in the schedule found in accordance with Act 83 of 2004, the municipality does hereby authorize the recovery of charges, expenses and fees set forth in Subsection
H(4) below that are incurred by the municipality or charged to the municipality by collectors retained by the municipality in connection with efforts to collect delinquent claims as a result of any persons' failure to promptly pay delinquent claims.
(2) The following schedule of charges, expenses and fees (hereinafter referred to as "servicing expenses," "out-of-pocket expenses," and "postage expenses") is hereby approved and adopted by the municipality pursuant to Act 83 of 2004 which amends §§ 1, 2, and 3 of the Act of May 16, 1923, as amended, 53 P.S. §§ 7101, 7103 and 7106, which amounts are the direct result of each person's or property's failure to pay delinquent claims promptly. The servicing expenses, out-of-pocket expenses and postage expenses established, assessed, and collected hereunder shall be in addition to the record costs, Subsection
D expenses and Subsections
E and
F attorney fees associated with legal proceedings initiated by or on behalf of the municipality to collect its delinquent claims.
(3) Servicing of a delinquent claim or delinquent claims may result in voluntary payment without the initiation of enforcement proceedings. It is the intent of this Subsection
H to pass the cost of servicing onto the delinquent person or property as part of each delinquent claim. The recovery of servicing expenses, out-of-pocket expenses and postage expenses established herein shall not be contingent upon the initiation of enforcement proceedings. However, such servicing expenses, out-of-pocket expenses and postage expenses are due even where enforcement proceedings are initiated. The purpose of this subsection is to pass the entire cost and expense associated with delinquent collection onto the delinquent person or property and to make the municipality whole on all delinquent claims collected.
(4) Schedule: The following schedule of servicing expenses, out-of-pocket
expenses and postage expenses shall constitute reasonable and appropriate
charges, expenses and fees for each indicated category. The servicing
expenses, out-of-pocket expenses and postage expenses shall be added
to and become part of the municipality's delinquent claims, together
with the face, penalties, interest and costs, if any, and title search
expense, attorney fees and out-of-pocket expenses in connection with
enforcement proceedings, if any, and shall be payable in full before
the discharge or satisfaction of any delinquent claim. The below schedule
of servicing expenses, out-of-pocket expenses and postage expenses
is separate and distinct from any amounts imposed by the Sheriff,
Department of Court Records, Court or any other public office in connection
with the collection of the municipality's delinquent claims.
(a)
Out-of-pocket expenses: The expenses of postage, title searches,
investigators, process servers and other necessary expenses incurred
in servicing shall constitute reasonable out-of-pocket expenses as
part of each delinquent claim recovered.
(b)
Municipal no-lien letter: The sum of $25 shall constitute a
reasonable servicing expense for the preparation and issuance of each
municipal no-lien letter relating to the municipality's delinquent
claims.
(c)
Postage expense: Out-of-pocket expenses shall include the actual
cost of postage related to the collection of the municipality's delinquent
claims.
(d)
Servicing expense:
[1]
A servicing expense of 5% of gross collections shall constitute
a reasonable servicing expense for all servicing related to the collection
of the municipality's delinquent claims. Servicing expenses shall
accrue on the first of the month for the entire month, or part thereof.
There is no per diem servicing expense. Gross collections for the
purpose of calculating servicing expenses shall include the face together
with penalty, interest and lien costs, if any, for each delinquent
claim collected. Lien costs shall mean charges imposed by the Department
of Court Records and/or by the municipality's Collector for the filing,
satisfaction, revival, amendment and transfer of delinquent claims.
Gross collections shall not include any record costs, attorney fees,
or out-of-pocket expenses related to the collection of the municipality's
delinquent claims.
[2]
In addition, the following schedule of fees shall constitute
a reasonable and appropriate fee for each indicated service:
|
Service
|
Fee
|
---|
|
Assignments
|
$5 per delinquent claim
|
|
Satisfactions (for no consideration passing receipts)
|
$10 per delinquent claim
|
|
Act 1/Act 20 compliance
|
$35 per case
|
|
Preparing/filing municipal claims and claim revivals (S&A)
|
$20 per delinquent claim
|
|
S&As prepared but not filed
|
$10 per S&A
|
|
Municipal claim/short title examination
|
$40 per delinquent claim
|
|
Sheriff sale claim certificates
|
$60 per case
|
[3]
Liability for payment of charges, expenses and fees, including servicing expenses, out-of-pocket expenses and postage expenses, shall be for those delinquent claims identified in Subsection
I below, regardless of whether the delinquent claims are filed as claims in the Prothonotary of Washington County.
I. Effective date and retroactivity.
(1) This section shall be effective as of the 23rd day of May, 2016 ("effective date") and with respect to attorney fees pursuant to Subsections
E,
F and
G shall apply to all municipal claims, municipal liens, writs of scire facias, judgments, or executions filed on or after December 19, 1990, or as otherwise provided by law.
(2) Liability for payment of servicing expenses, out-of-pocket expenses and postage expenses authorized in Subsections
D and
H and listed in Subsection
H(4)(a) through
(d), above, shall accrue as follows:
(a)
Immediately upon the effective date for all of the municipality's
delinquent claims due in 2015 and prior years.
(b)
On January 1 of the year following the year in which the delinquent
claim was originally assessed for all of the municipality's unpaid
delinquent claims for calendar years 2016 and thereafter not paid
in full by December 31 of the year in which the delinquent claim was
originally assessed.
(3) In no event shall the municipality's right to charge and collect reasonable attorney fees pursuant to Subsections
E and
F of this section be impaired by the fact that any delinquent claim may also include an attorney commission of 5% for delinquent claims filed prior to December 19, 1990. Any attorney fees assessed and collected under this or any prior ordinances pursuant to Act 1 shall be in addition to any five-percent commission previously included in any delinquent claim or judgment thereon.
(4) Attorney fees, servicing expenses and out-of-pocket expenses incurred
in pending enforcement proceedings prior to the effective date of
this section, pursuant to a prior ordinance adopted under Act 1 or
Act 20, but not collected, shall remain due and owing in accordance
therewith, and shall be incorporated in any future statement, delinquent
claim, pleading, judgment, or execution. Attorney fees, servicing
expenses and out-of-pocket expenses in any pending or new action incurred
after the effective date of this section shall be incurred, charged,
and collected in accordance with the schedules and procedures set
forth in this section.
(5) The charges, expenses and fees set forth in Subsection
H of this section relate to all unpaid delinquent claims in favor of the municipality, its agents and assigns, and shall be retroactive to the date of each delinquent claim.
J. Assignment: The municipality assigns the provisions of this section
to any assignee of its delinquent claims unless the assignment limits
the assignee's ability to collect such amounts. The municipality and
its duly authorized agents and their counsel shall retain all rights
to charge reasonable attorney fees, charges, expenses, and fees in
accordance with the provisions of this section in actions commenced
under the Act and for servicing any delinquent claims retained by
the municipality.
[Added 12-20-2010 by Ord. No. 725; amended 9-24-2018 by Ord. No. 830; 2-13-2023 by Ord. No. 888]
Season-long leaf vacuum subscription passes may be purchased
at the cost of $150. This pass provides for six weekly pickups during
the fall season. The fall season is comprised of the five weeks preceding
the week of Thanksgiving, and the week following Thanksgiving. No
leaf vacuuming services shall be provided the week of Thanksgiving.