[Ord. 664, 2/13/2012]
In all matters where the Borough undertakes recovery efforts
by legal proceedings or otherwise, to collect unpaid taxes, unpaid
water/sewer/garbage accounts and other municipal claims, liens, tapping
fees and accounts, the cost of attorney fees, together with all other
penalties, interest, costs, charges, expenses and fees incurred, shall
be added to the total payable with respect to such unpaid taxes, unpaid
water/sewer/garbage accounts and other unpaid municipal claims, liens,
tapping fees and accounts.
[Ord. 664, 2/13/2012]
Subject to revision from time to time, the Borough hereby approves
the following schedule of fees and attorney fees for services rendered
in connection with the collection of unpaid taxes, unpaid water/sewer/garbage
accounts, unpaid municipal claims, liens, tapping fees and accounts,
which are hereby determined to be fair and reasonable compensation
for the services set forth below:
1. Initial review and sending first demand letter: $150.
2. Second demand letter: $150.
3. Prepare and mail a letter under Pa.R.C.P. § 237.1: $25.
4. Prepare and file municipal lien: $200.
5. Prepare and file writ of execution, plus Sheriff's poundage:
$1,000.
6. Filing fees: prevailing County rate.
7. Services not covered in Subsections
1 through
5: an hourly attorney rate to be determined by the Borough's Solicitor, ranging from $95 to $150 per hour.
8. The office of the Borough's Solicitor shall have authority to
determine whether a matter shall be handled on a contingency-fee basis
or a non-contingency-fee basis.
9. There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel and the Borough in connection with each of these
services, as itemized in the applicable counsel bills, which shall
be deemed to be part of the costs.
10. Interest shall accrue on accounts at the rate of 10% per annum, or
the maximum amount permitted by law, from and after the date any account
becomes due.
11. The amount of fees determined as set forth above shall be added to
the Borough's claim in each account.
[Ord. 664, 2/13/2012]
The following collection procedures are hereby established in
accordance with Act 1 of 1996, as amended and supplemented, 53 P.S.
§ 7106:
1. At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of a delinquent account, the Borough
shall mail or cause to be mailed, by certified mail, return receipt
requested, postage prepaid, a notice of such intention to the owner,
taxpayer or other entity liable for the claim (hereinafter "claim
debtor").
2. If within 30 days of mailing, the notice in accordance with Subsection
1, the certified mail to any claim debtor is refused or unclaimed or the return receipt is not received, then 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 claim debtor.
3. All notices required by this section shall be mailed to the claim
debtor's last known post office address by virtue of knowledge
and information possessed by the Borough. It shall be the responsibility
of the Borough to determine the claim debtor's last known post
office address as kept by the Tioga County Assessment Office.
4. Each notice as described above shall include the following, to the
extent required by the law:
A. The type of claim or other charge, the date it became due and the
amount owed;
B. A statement of the Borough's intent to impose or assess attorney
fees within 30 days after the mailing of the first notice, or if necessary,
within 10 days after the mailing of the second notice;
C. The manner in which the assessment or imposition of attorney fees
may be avoided by paying the claim in full;
D. The place of payment for claims and the name and number of the Borough
office designated as responsible for collection matters.
[Ord. 664, 2/13/2012]
The notices sent pursuant to §
1-903 herein may be similar to those set forth in Exhibit A and Exhibit B, attached hereto.
[Ord. 664, 2/13/2012]
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 Part.
[Ord. 673, 8/12/2013]
EXTRAORDINARY EXPENSES or EXPENSES
Those expenses, and those related costs and fees that are
incurred by the Borough or agency, emergency services organization
and from the private sector for actual costs or charges for labor,
materials, and any other costs associated with the use of specialized
extinguishing or abatement agency, chemical neutralizer or similar
equipment or material that is employed to monitor, extinguish, confine,
neutralize, contain, clean, or remove any hazardous material that
is or may be involved in a fire, or release into the air, ground or
water or the potential threat of any release or fire, and any and
all activities associated with the implementation of a protective
action (i.e., evacuation) to protect the public health, safety and
welfare.
EXTRAORDINARY SERVICE or SERVICE
A service performed by any Borough department or employee,
or any public or private sector, organization, agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protective action. "Services"
may include, but is not limited to, the abatement and disposition
of hazardous materials, spills, releases, or the threat of spills
or releases of perceived or potential threats to the health, safety,
and welfare of the public that may be detailed or contemplated in
the definition above or any other incident.
[Ord. 673, 8/12/2013]
The Borough agent shall collect all fees as follows:
1. Fees and costs (including overhead costs) shall encompass all personnel,
equipment, materials and maintenance expenses in such a form as to
insure for full reimbursement for charges from both the public and
private sectors actually rendered. A particular cost or fee schedule
need not be set forth in this section or elsewhere in the Wellsboro
Code of Ordinances or by further formal action by the Wellsboro Council.
The Borough Council approval of this section shall constitute authorization
for the Borough agent to collect all such fees and costs that are
incurred.
2. Within 60 days of the date of the incident giving rise to the services,
the affected public agencies, departments or private companies shall
submit a bill for all costs, fees, charges and expenses, to the owner,
agent or manager of the vehicle or fixed facility which caused the
need for services, with a demand that a full remittance be made within
60 days of receipt.
3. In cases of hardship, or where circumstances are such that a full
remittance cannot be made within a sixty-day period, the Borough agent
shall be authorized to enter into negotiations with the owner or his
agent for an extended payback period of time not to exceed six months.
[Ord. 673, 8/12/2013]
The Borough or Borough's agent may enforce the provisions
of this Part by civil action in a court of competent jurisdiction
for the collection of any amounts due hereunder plus attorney fees,
including interest and administrative fees or for any other relief
that may be appropriate.
[Ord. 673, 8/12/2013]
Nothing in this Part shall authorize any Borough department,
personnel or staff members to refuse or delay an emergency service
to any person, firm, organization, or corporation that has not reimbursed
the agent for services. Furthermore, nothing in this Part shall be
constructed to demand reimbursement to the Borough for those municipal
services that are normally provided to Borough residents and others
as a matter of the Borough's general operating procedure, and
for which the levying of taxes or the demand for reimbursement is
normally made.