[HISTORY: Adopted by the Borough Council of the Borough of
Ephrata 11-14-2011 by Ord. No. 1477; amended in its entirety 8-14-2017
by Ord. No. 1532. Subsequent amendments noted where applicable.]
Unless otherwise stated, the following words shall, for the
purposes of this chapter, have the meanings herein indicated:
The Borough of Ephrata, Lancaster County, Pennsylvania.
The governing body of the Borough.
The person or law firm appointed by the Borough Council to
serve as legal counsel to the Borough in accordance with Act 37 of
2014, 8 Pa.C.S.A. § 1116 and the Borough Code. For purposes
of this chapter, Borough Solicitor shall be further defined to include
the Borough's Assistant Solicitor.
[Amended 2-13-2023 by Ord. No. 1573]
Any sums due and owing to the Borough which have not been
paid within the time required by the Borough's ordinances, rules,
regulations or policies, including, but not limited to, charges for
electric service, municipal trash collection, removal of nuisances,
the repair, replacement of curb and sidewalk or any other charge which
may lawfully be imposed by the Borough and for which a municipal claim
may be filed.[1]
Unless specifically indicated otherwise, shall mean and include:
The claim arising out of, or resulting from, a tax assessed,
service supplied, work done, or improvement authorized and undertaken
by a municipality, although the amount thereof be not at the time
definitely ascertained by the authority authorized to determine the
same, and a lien therefor be not filed, but becomes filable within
the period and in the manner provided by the Municipal Claims and
Tax Liens Act, Act of May 16, 1923, P.L. 207, No. 153, as amended,
53 P.S. § 7101 et seq. (the "Act");
The claim filed to recover for the grading, guttering, macadamizing,
or otherwise improving, the cartways of any public highway; for grading,
curbing, recurbing, paving, repaving, constructing, or repairing the
footways thereof; for laying water pipes, gas pipes, culverts, sewers,
branch sewers, or sewer connections therein; for assessments for benefits
in the opening, widening or vacation thereof; or in the changing of
water courses or the construction of sewers through private lands;
or in the acquisition of sewers and drains constructed and owned by
individuals or corporations, and of rights in and to use the same;
for the removal of nuisances; or for water rates, lighting rates,
or sewer rates; and
The claim filed to recover for work, material, and services
rendered or furnished in the construction, improvement, maintenance,
and operation of a project or projects by the Borough.
A municipal claim shall be together with and shall include all
administrative fees, penalties, interest, costs, fines, charges, expenses
and fees, including reasonable attorneys' fees, as allowed by the
Act and all other applicable laws.
[1]
Editor's Note: The former definition of "hourly rate," which
immediately followed this definition, was repealed 2-13-2023 by Ord.
No. 1573.
The Borough Council specifically authorizes the recovery of
attorneys' fees incurred by the Borough in the collection of delinquent
accounts from the person or persons who are responsible for the payment
of such delinquent accounts. The Borough Council authorizes the Borough
Secretary or the Assistant Secretary to take all actions required
by applicable law to enable the Borough to recover attorneys' fees
incurred from the persons responsible for this cost and to include
such attorneys' fees in municipal claims. This authorization includes,
but is not limited to, sending notification to such persons of the
intention of the Borough to impose attorneys' fees incurred in collection
efforts upon such persons.
[Amended 2-13-2023 by Ord. No. 1573]
The Borough shall impose attorneys' fees upon persons who
have delinquent accounts in accordance with a schedule of attorneys'
fees established by the Borough by resolution from time to time. The
fees shall be added to the municipal claims and included in liens
filed in accordance with the Municipal Claims Act.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
The services and minimum times expended by the Borough Solicitor for the services set forth in § 211-3 of this chapter are based upon the experience of the Borough Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Borough Solicitor to perform additional or more time-consuming services than contemplated by § 211-3, it is the intention of the Borough to recover all of its attorneys' fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the Borough to impose and collect the fee, rate, charge or other cost or similar actions.
The following collection procedures are hereby established in
accordance with Act No. 1 of 1996:[1]
A.Â
At least 30 days prior to assessing or imposing attorneys' fees in
connection with the collection of an account, the Borough shall mail
or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the account (the "account debtor").
B.Â
If, within 30 days after mailing the notice in accordance with Subsection A, the certified mail to any debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorneys' fees, the Borough shall mail or cause to be mailed, by first-class mail, a second notice to such debtor.
C.Â
All notices required by this chapter shall be mailed to the debtor's
last known post office address, as recorded in the records or other
information of the Borough, or such other address as it may be able
to obtain from the County Office of Assessment and Revision of Taxes.
D.Â
Each notice, as described above, shall include the following:
(1)Â
The type of tax or other charge, the date it became due and the amount
owed, including penalty and interest;
(2)Â
A statement of the Borough's intent to impose or assess attorneys'
fees within 30 days after the mailing of the first notice, or within
10 days after the mailing of the second notice;
(3)Â
The manner in which the assessment or imposition of attorneys' fees
may be avoided by payment of the account; and
(4)Â
The place of payment for accounts and the name and telephone number
of the Borough official designated as responsible for collection matters.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
All delinquent accounts and obligations which may be subject
to lien pursuant to the Municipal Claims and Tax Liens Act, Act of
May 16, 1923, P.L. 207, No. 153, as amended, 53 P.S. § 7101
et seq., or any other statute, rule, regulation, or authority which
shall permit the filing of liens or collection of municipal claims
and obligations, shall be subject to interest at the rate of 10% per
annum from the date of the filing of the municipal lien.
