[Amended 2-21-2013 by Ord. No. 13-05]
1. Flat fee - uncontested matters. The following schedule of attorneys'
fees and services is hereby adopted and approved as reasonable attorneys'
fees pursuant to Act 1 of 1996 (hereinafter, the "Act") for all uncontested matters,
which fees shall be awarded to the Borough, its agents, counsel or
assigns in each action initialed pursuant to the Act for the collection
of unpaid municipal claims as defined under the Act. 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 any proceeding shall carry over and be
due on a cumulative basis together with the flat fee for each subsequent
phase.
A. Filing of municipal claim. The sum of an amount to be determined
from time to time by resolution of Borough Council shall constitute
reasonable attorneys' fees for a short title examination, preparation
and filing of municipal claim as defined under the Act.
B. Title search. The sum of an amount to be determined from time to
time by resolution of Borough Council shall constitute reasonable
attorneys' fees for the title search necessary for the initiation
of each proceeding and compliance with Pa.R.C.P. No. 3129.
C. Preparation and service of writ of scire facias or complaint in assumpsit
as provided in the Act. The sum of an amount to be determined from
time to time by resolution of Borough Council shall constitute reasonable
attorneys' fees for the initiation of each proceeding, including service
of process and notice pursuant to Pa.R.C.P. No. 237, plus case closeout
and the settlement and discontinuance of each proceeding.
(1)
Federal tax liens, judgements and mortgages. The sum of an amount
to be determined from time to time by resolution of Borough Council
shall constitute reasonable attorneys' 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 where there
are federal tax liens, federal judgements, federal mortgages or other
record federal interests.
(2)
Alternative service of legal pleadings. In the event that a
special order of court is necessary to serve original process as well
as any other pleading, notice, court order or any other document,
the following amounts shall constitute reasonable attorneys' fees
as follows:
(a)
Investigation of defendant(s) whereabouts and preparation of
affidavit of diligent search - an amount to be determined from time
to time by resolution of Borough Council.
(b)
Preparation and presentation of motion for alternative service
through filing of proofs of publication - an amount to be determined
from time to time by resolution of Borough Council.
D. Entry of judgement. The sum of an amount to be determined from time
to time by resolution of Borough Council shall constitute reasonable
attorneys' fees for the entry of judgment, whether by default, upon
motion for judgment, upon award or verdict, or by consent.
E. Writ of execution. Sheriff's sale of property or other form of execution
on any entered judgment upon complain in assumpsit. The sum of an
amount to be determined from time to time by resolution of Borough
Council shall constitute reasonable attorneys' fees for preparation
of all documents necessary for execution upon any judgment pursuant
to the Act.
F. Second sale, free and clear. The sum of an amount to be determined
from time to time by resolution of Borough Council shall constitute
reasonable attorneys' fees for a second sale, free and clear of all
liens, claims, mortgages, charges and estates pursuant to § 7281
of the Act, including preparation of necessary documents, service,
court appearances, attendance at second sale and preparation of proposed
Sheriff's distribution.
G. Installment payment agreement. The sum of an amount to be determined
from time to time by resolution of Borough Council shall constitute
reasonable attorneys' fees for preparation of any written instrument
payment agreement.
2. Other matters - hourly rates.
A. The following schedule of attorneys' fees is hereby adopted and approved
as reasonable attorneys' fees pursuant to the Act, which fees shall
be awarded to the Borough, its agents, counsel or assigns as compensation
in all contested matters, communications with taxpayers, lienholders,
attorneys, interested parties, interested bidders, and any other person
relating to the enforcement proceeding, actions in assumpsit and in
all other actions, not specifically referenced in § 1-701.1
of this part undertaken in connection with the collection of a delinquent
account under the Act:
(1)
Attorneys. An amount to be determined from time to time by resolution
of Borough Council.
(2)
Paralegals. An amount to be determined from time to time by
resolution of Borough Council.
(3)
Law clerks. An amount to be determined from time to time by
resolution of Borough Council.
B. Each shall be as recorded and charged in units of 1/10 of an hour
for all time devoted to enforcement and collection. Counsel, whether
duly employed or duly appointed by the Borough, its agents or assigns,
shall not deviate from this fee schedule plus any authorized escalation
provided below absent an ordinance amending the same. Contested matters
are 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.
3. Consumer price index increase. The attorneys' fees set forth in §
1-701 of this part shall be adjusted annually, to an amount equal to the fees set forth herein plus a percentage amount of the fees set forth herein equal to the percentage increase in the Consumer Price Index for all Urban Consumer, Pittsburgh-Beaver Valley (1982-84 = 100) (hereinafter the "CPI") published for July immediately prior to the adjustment date over the CPI for June 1997 CPI. The adjustment date shall be January 1 of each year, commencing January 1, 1999.
The following schedule of charges, expenses and fees is hereby
approved and adopted by the Borough pursuant to § 2, No.
24 and § 3 of the Act of May 16, 1923, as amended, 53 P.S.
§§ 7103 and 7106, which recordkeeping services are
necessary and are the direct result of each person's failure to pay
municipal claims in a timely manner.
1. Schedule. The following schedule of charges, expenses and fees shall
constitute reasonable and appropriate charges, expenses and fees for
each indicated recordkeeping service. The charges, expenses and fees
shall be added to each municipal claim and become part of the municipal
claim in addition to the principal, together with all penalties, interest,
costs and attorneys' fees, and shall be payable for each municipal
claim before the discharge or satisfaction of any municipal claim.
The below schedule of charges, expenses and fees is separate and distinct
from any costs or fees imposed by the Sheriff, Prothonotary, Court
or any other public office in connection with the collection of the
Borough's municipal claims.
A. Assignments: $3 per lien.
B. Lien satisfactions: $5 per lien.
C. Lien revivals (i.e., S&A): $10 per lien.
D. Tax certifications (for liened delinquent real estate taxes only):
$10 per year.
E. Servicing, including staffing, computers, office space, telephones,
equipment, materials and postage: 5% of gross collections.
This part shall take effect on the date of enactment of the ordinance which is applicable hereto and with respect to attorneys' fees pursuant to §§
1-701 and
1-702 shall apply to municipal claims filed in 1990 and thereafter, or as otherwise required by law. In no event shall the Borough's or its assigns' right to charge and assess reasonable attorneys' fees under Act 1 of 1996 or charges, fees and expenses pursuant to §§ 7103 and 7106 of the Act be impaired by the fact any municipal claim may also include any amounts for claims filed prior to 1990. The charges, expenses and fees set forth in §
1-703 of this part relate to all unpaid municipal claims in favor of the Borough, its agents and assigns, and shall be retroactive to the date of each municipal claim.
The Borough may assign the provisions of this part to any assignee
of its municipal claims. Assignee shall have and hold all rights of
the Borough to recover reasonable attorneys' fees as well as expenses,
charges and fees in the amounts set forth in this part incurred in
the collection of each municipal claim assigned and in all future
assignments and transfers of municipal claims by the Borough. The
Borough and the duly authorized agents shall retain all rights to
charge reasonable attorneys' fees, expenses, charges and fees in accordance
with the provisions of this part in actions commenced under the Act
and for recordkeeping services for the municipal claims retained by
the Borough.