This chapter shall apply to all municipal claims (hereafter
the "delinquent accounts") allowed and authorized by the law of the
Commonwealth of Pennsylvania to be assessed by the Borough of Catawissa
(hereby the "Borough"), including, but not limited to, liens for taxes
and for municipal improvements, for the removal of nuisances and for
water rents or rates, sewage rates, lighting rates and power rates
to the fullest extent authorized by law, whether heretofore or hereafter
assessed or filed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following schedule of attorney fees is to be utilized and
followed in the assessment of attorney fees in the collection of any
delinquent account, and the corresponding fee shall be added and included
in the collection of the same at the time of the filing of a municipal
claim by or for the Borough, or as soon thereafter as may be convenient
or proper.
Attorney Fees
Attorney’s current fee
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Prior to assessing or imposing attorney fees in connection with
a delinquent account, the Borough shall provide notice of the Borough's
intention to assess or impose attorney fees in connection with this
chapter as may be required by the Act of May 16, 1923, P.L. 207, No.
153, as amended or supplemented, 53 P.S. § 7106.
In all proceedings where a municipal claim is filed as a lien
against real property for delinquent accounts which are the subject
of this chapter, interest equal to 10% per annum shall be assessed
and accrue on the claim from the date of the completion of the work
after it is filed as a lien, and on claims for taxes, water rents
or rates, lighting rates or sewer rates, from the date of the filing
of the lien therefor; provided, however, that if a municipal claim
is filed arising out of a municipal project which required the Borough
to issue bonds to finance the project, interest shall accrue and be
collectible on such claim at the rate of interest of the bond issue
or at the rate of 12% per annum, whichever is less. No notice prior
to the assessment or imposition of interest as set forth herein shall
be required. Such interest shall be added to the municipal claim and
collected therewith.
In all proceedings where a municipal claim is filed as a lien
against real property for delinquent accounts which are the subject
of this chapter, a penalty equal to 5% of the delinquent account shall
be added to the municipal claim and collected therewith when the delinquent
account remains unpaid for 90 days after the assessment shall have
been levied, or as soon thereafter as may be convenient or proper.
No notice prior to the assessment or the imposition of a penalty as
set forth herein shall be required.
Should any part or provision of this chapter be found to be
illegal, unenforceable or void, such shall not affect the remainder
of this chapter which shall remain fully binding, enforceable and
valid, and such illegal, unenforceable or void part and/or provision
shall be amended to the extent necessary to conform with the law.
The Council of the Borough hereby declares its intention that it would
have adopted this chapter had it not contained such invalid, illegal
or unenforceable part or provision, and that it would have adopted
this chapter had it contained such parts or provisions as subsequently
amended to conform to the law.