[Ord. 2011-04, --/--/2011, § 1]
This Part shall be known as the "Delinquent Assessment Collection Procedures and Attorneys' Fee Schedule Ordinance."
[Ord. 2011-04, --/--/2011, § 2]
This Part is enacted pursuant to the authority of the Act and the Second Class Township Code, 53 P.S. § 65101 et seq., including but not limited to §§ 1601 (53 P.S. § 66601) and 3302 (53 P.S. § 68301).
[Ord. 2011-04, --/--/2011, § 3]
1.
The following collection procedures are hereby established:
A.
All assessments which remain unpaid 90 days after the due date shall be considered delinquent and promptly remitted to Township Solicitor appointed for purposes of collections.
B.
Upon receipt of the delinquent assessments, the Township Solicitor appointed for purposes of collections shall send notice to the property owner by certified mail notifying the property owner of the delinquency and demanding payment. The notice shall also notify the property owner of further action, which shall ordinarily consist of filing of a civil complaint with the magisterial district judge, the inclusion of reasonable attorney's fees and possible lien being placed on the property. The notice shall give the property owner 30 days to make payment on the delinquent assessment and shall provide contact information to make payment arrangements.
C.
If the certified mail is returned undelivered, the notice shall be mailed to the property owner by first-class mail. The property owner is then given 10 days to make payment on the delinquent assessment.
D.
All notices required by this Part shall be mailed to the property owner's last known address as recorded in the records or other information of the Township or such other address as it may be able to obtain from the Northampton County Division of Assessment.
E.
If the property owner fails to make payment or make a reasonable payment plan within the prescribed time period, the Township Solicitor appointed for purposes of collections shall file a civil complaint with the magisterial district judgerequesting the delinquent amount including penalties, interest, costs of filing and all reasonable attorneys' fees associated with the claim.
F.
The Township Solicitor appointed for purposes of collections shall file liens upon obtaining unappealable judgments, when necessary, to protect Lower Mount Bethel Township's interests.
[Ord. 2011-04, --/--/2011, § 4; as amended by Ord. 2015-04, 12/14/2015, § 1]
1.
The Board of Supervisors of Lower Mount Bethel Township hereby approve 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 as set forth below:
Legal Service | Fee For Service | ||
|---|---|---|---|
Review of Claim and Demand Letter | $40 | ||
File Civil Complaint with Magisterial District Judge, including: | $225 | ||
• | Filing of complaint with magistrate | ||
• | Attend hearing (if needed) | ||
• | Obtain certified judgment | ||
• | File judgment with Prothonotary | ||
Hourly Rate for Services Not Listed | $150 | ||
Filing Writ of Execution | $425 | ||
2.
To the extent permitted by law and to the extent permitted by contract with the credit card company, the Board of Supervisors of Lower Mount Bethel Township hereby approve of the Township Solicitor appointed for purposes of collections charging residents a 3% processing fee for credit card payments.
[Ord. 2011-04, --/--/2011, § 5]
The proper officials of the Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this Part.