[HISTORY: Adopted by the Borough Council of the Borough of Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-2019 by Ord. No. 2019-681]
Editor's Note: This ordinance superseded former Art. I, Attorney Fees and Charges, adopted 7-7-2014 by Ord. No. 2014-644.
The Borough hereby approves the following fee schedule for the collection of the unpaid claims, which fees shall be added to the unpaid claims.
Notice of fee shifting expense. A charge of $40 plus applicable postage shall be added to the unpaid claims for providing notice of fee shifting pursuant to § 7106 of the Act. The Borough may hire a private company to perform this service and add the amount of this charge to the unpaid claims.
In addition to the fees set forth in § 403-1 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and Sheriff fees and charges, shall be added to the unpaid claims.
The Borough authorizes any attorney or private collector collecting the unpaid claims on behalf of the Borough to accept payment of the unpaid claims by credit card or debit card. Where payment is made by credit card or debit card, any fees charged by the credit card or debit card company and/or the credit card or debit card servicing agent shall be charged immediately to the credit card or debit card used to make payment. This applies to credit card or debit card payments made by mail, telephone, over the internet, or in person.
Interest will be assessed upon the unpaid claims at a rate of 10% per annum and added to the unpaid claims.
The following collection procedures are hereby established in accordance with the Act:
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an unpaid claim account, the Borough or its designee shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the property owner or other entity liable for the account (the "property owner").
If the certified mail notice is undelivered, then, at least 10 days prior to assessing or imposing such attorney fees, the Borough or its designee shall mail or cause to be mailed, by first class mail, a second notice to the property owner.
All notices required by this article shall be mailed to the property owner's last known post office address as recorded in the records or other information of the Borough or such other address obtained by the Borough from the county tax assessment office.
Each notice as described above shall include the following:
The type of municipal claim or other charge, the year that it became due and the amount owed, including penalty and interest;
A statement of the Borough's intent to impose or assess attorney fees no earlier than 30 days after receipt of the first notice, or no earlier than 10 days after receipt of the second notice;
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
The place of payment for accounts and the name and telephone number of the Borough's representative designated as responsible for collection matters.
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 article.
The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting the unpaid claims and delinquent real estate tax accounts and sanitation fee accounts, and hereby authorizes her, and all attorneys employed by Portnoff Law Associates, to sign any and all documents, including municipal claims and liens, on behalf of the Borough.