[Ord. 863, 8/14/2017]
The following collection procedures are hereby established in
accordance with 53 P.S. § 7101 et seq.:
1.
Notice of Delinquency and Intention to File Lien. At least 30 days
prior to assessing or imposing attorneys' fees in connection with
the collection of an account and the filing of a tax lien, 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"). An administrative fee
actually incurred for mailing the notice of delinquency, of $50, being
a cost of collection under the Municipal Claims and Tax Liens Act,[1] shall be assessed. The Borough shall be responsible with
all postage costs associated with said notice.
[1]
Editor's Note: See 53 P.S. § 7106 et seq.
2.
Undeliverable Notice of Delinquency and Intention to File Lien. If
the certified mail notice is undelivered, then, at least 10 days prior
to the assessing or imposing such attorney fees, the Borough shall
mail or cause to be mailed, by first-class mail, a second notice to
such account debtor.
3.
All notices required by this Part shall be mailed to the account
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.
4.
Each notice as described above shall include the following:
A.
The type of tax or other charge, the year it was assessed and the
amount owed, including penalty and interest;
B.
A statement of the Borough's intent to impose or assess attorneys' fees within 30 days after the mailing of the notice of delinquency, or within 10 days after the mailing of the second notice pursuant to Subsection 2 above;
C.
A statement of the Borough's intent to file a tax lien within 30 days after mailing of the notice of delinquency, or second notice if the notice of delinquency was undeliverable pursuant to Subsection 2;
D.
The manner in which the assessment or imposition of attorneys' fees
may be avoided by payment of the account; and
E.
The place of payment for accounts and the name and telephone number
of the Borough's representative designated as responsible for collection
matters.
5.
The amount of fees determined as set forth below shall be added to
and become part of the claim or claims in each proceeding as provided
by the Act and as provided herein.
6.
Any administrative fee actually incurred in the preparation of the
notice of delinquency, not to exceed $50, being a cost of collection
under the Municipal Claims and Tax Liens Act, shall be assessed against
the property as part of the lien.
[Ord. 863, 8/14/2017]
1.
The Borough hereby approves the following schedule of charges, expenses
and fees (hereinafter collectively referred to as "Fees") in connection
with the collection of accounts, which is hereby determined to be
fair and reasonable compensation for the services set forth below,
all in accordance with the principles set forth in Section 3(a.1)
of the Municipal Claims Law as added by Act No. 1 of 1996 (the "Act").
A.
First Demand Letter. At least 30 days following the notice of delinquency pursuant to § 1-1221, Subsection 1 or 2, as referenced above, the Borough shall mail or cause to be mailed a first demand letter to the taxpayer or other entity liable for the account (the "Account Debtor"). Said letter shall include the following information: the type of tax or other charge, the year it was assessed and the amount owed, including penalty and interest; the manner in which the assessment or imposition of further attorneys' 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 representative designated as responsible for collection matters. A $160 fee per parcel shall be added to and become part of the claim or claims in each proceeding as provided by the Act and as provided herein.
B.
Second Demand Letter. At least 30 days following the first demand letter pursuant to Subsection 1A as referenced above, the Borough shall mail or cause to be mailed a second demand letter to the taxpayer or other entity liable for the account (the "Account Debtor"). Said letter shall include the following information: the type of tax or other charge, the year it was assessed and the amount owed, including penalty and interest; the manner in which the assessment or imposition of further attorneys' 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 representative designated as responsible for collection matters. A $175 fee per parcel shall be added to and become part of the claim or claims in each proceeding as provided by the Act and as provided herein.
2.
The fees established, assessed, and collected hereunder shall be in addition to the record costs, § 1-1223, attorneys' fees approved, as set forth below, and shall be payable in full before the discharge or satisfaction of any claim. The schedule of fees is separate and distinct from any amounts imposed by the Sheriff, Prothonotary, Court or any other public office in connection with the collection of the Borough's claims.
|
Fees
| |
|---|---|
|
Legal Services
|
Fee
|
|
Preparation, filing and satisfaction of tax lien
|
$20 per lien
|
|
Mailing of first demand letter with tax statement
|
$160 per parcel
|
|
Mailing of second demand letter with tax statement
|
$175 per parcel
|
|
Negotiation and preparation of installment plan agreements
|
$100 per claim; service fee of $3 per payment
|
|
Processing NSF checks
|
$25 per check
|
|
Assignments
|
$10 per claim
|
|
Tax claim revivals (i.e., S&A)
|
$10 per claim
|
|
Municipal claim revivals
|
$15 per claim
|
|
Filing tax lien
|
$20 per lien, plus costs
|
|
Municipal claim/short title examination
|
$35 per claim
|
|
Docket service fees
|
$1 per item
|
|
Sheriff sale claim certificates
|
$50 per case
|
|
Tax certifications
|
$50 per parcel
|
|
Postage
|
Actual cost
|
|
Services not covered above
|
An hourly rate ranging from $85 to $185 per hour
|
3.
Title Search. In any enforcement proceeding, the actual cost of a
title search in an amount not to exceed $250 shall constitute a reasonable
expense for each title search necessary for the initiation of each
proceeding and compliance with Pa. R.C.P. 3129. The sum not to exceed
$50 shall constitute a reasonable expense for each bring-down or update
of the title search in connection with entry of judgment, issuance
of execution, listing for sale, or other action.
4.
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, such
as for non-Sheriff's service of process or investigation of the whereabouts
of interested parties, as itemized in the applicable counsel bills,
which shall be deemed to be part of the fees.
5.
The amount of fees determined as set forth above shall be added to
the Borough's claim in each account.
[Ord. 863, 8/14/2017]
1.
Flat-Fee Matters. The above schedule of attorneys' fees is hereby
adopted and approved as reasonable attorneys' fees pursuant to Act
1 and Act 20 for all matters described, which fees shall be awarded
to the Borough, its agents, counsel or assigns in each action initiated
pursuant to the Act for the collection of unpaid claims. 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 the proceeding shall carry over and be due on a cumulative basis
together with the flat fee for each subsequent phase.
A.
Preparation and Service of Writ of Scire Facias. The sum of $450
shall constitute reasonable attorneys' fees for the initiation of
each proceeding and shall include preparation and filing of the praecipe
for writ of scire facias, Sheriff's direction for service, notice
pursuant to Pa. R.C.P. § 237.1 and the preparation and filing
of the praecipe to settle and discontinue the proceeding. The above
does not include:
(1)
Federal Tax Liens, Judgments and Mortgages. Where there are
federal tax liens, federal judgments, federal mortgages or other record
federal interests, the sum of $200 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.
(2)
Alternative Service of Legal Proceedings. In the event that
a special order of court is necessary to serve original process or
any other pleading, notice, court order or other document, the following
amounts shall constitute reasonable attorneys' fees as follows:
B.
Entry of Judgment. The sum of $225 shall constitute reasonable attorneys'
fees in connection with the entry of judgment which shall include
preparation and filing of the praecipe to enter judgment, notices
of judgment, affidavit of non-military status, and the praecipe to
satisfy judgment.
C.
Writ of Execution. The sum of $700 shall constitute reasonable attorneys'
fees for preparation of all documents necessary for each execution
upon any judgment pursuant to the Act. This sum shall include the
preparation and filing of the praecipe for writ of execution, all
Sheriff's documents, preparation and service of notices of Sheriff's
sale, staying the writ of execution, and attendance at one Sheriff's
sale.
(1)
Postponements. The sum of $100 shall constitute reasonable attorneys'
fees for each continuance of Sheriff's sale at the request of the
defendant.
D.
Sale Pursuant to Section 31 of the Act, 53 P.S. § 7281.
The sum of $1,000 shall constitute reasonable attorneys' fees for
the sale of property pursuant to Section 31 of the Act, 53 P.S. § 7281,
including preparation and service of necessary documents, court appearances,
attendance at Sheriff's sale and preparation of proposed schedule
of distribution of the proceeds realized from such sale.
E.
Installment Payment Agreement. The sum of $100 shall constitute reasonable
attorneys' fees for the preparation of each written installment payment
agreement with an internal processing fee of $3 per payment.
F.
Motions. The sum of $200 shall constitute reasonable attorneys' fees
for the preparation, filing, and presentation of motions, other than
for alternative service, which shall include, but are not limited
to, motions to reassess damages, motions to amend caption, motions
to continue the Sheriff's sale.
G.
Magistrate Hearing. The sum of $200 shall constitute reasonable attorneys'
fees for the preparation and filing of a complaint at the magistrate
level, which shall include court appearance at the initial magistrate
hearing. Additional hearings resulting from postponements entered
on behalf of the defendant shall result in an additional fee of $200
per hearing. A postponement shall be considered a defense postponement
if the defendant is not prepared at the hearing to present his/her
case, enter into an installment payment agreement, or pay the delinquent
amount in its entirety. The Borough shall be responsible for advancing
costs associated with collection efforts at the magistrate.
2.
Hourly-Rate Matters. The following schedule of attorneys' fees is hereby adopted and approved as reasonable attorneys' fees pursuant to Act 1 and Act 20 for all matters described, which fees shall be awarded to the Borough, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in Subsection 1 above, undertaken in connection with the collection of claims, each as recorded and charged in units of 1/10th of an hour for all time devoted to enforcement and collection of the Borough's claims. Counsel, whether duly employed or duly appointed by the Borough, its agents or assigns, shall not deviate from this fee schedule absent a subsequent resolution amending the same. Hourly rate matters include, but are not limited to, 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.
[Ord. 863, 8/14/2017]
1.
This Subpart 12C shall take effect on the date of enactment set forth
below and with respect to attorneys' fees pursuant to the aforementioned
sections of this Subpart 12C shall apply to all taxes, tax claims,
tax liens, municipal claims, municipal liens, writs of scire facias,
judgments, or executions filed on or after December 19, 1990, or as
otherwise provided by law.
2.
In no event shall the Borough's right to charge and collect reasonable
attorneys' fees pursuant to the aforementioned sections of this Subpart
12C be impaired by the fact that any claim may also include an attorney
commission of 5% for claims filed prior to December 19, 1990. Any
attorneys' fees assessed and collected under this or any prior ordinances
pursuant to Act 1 shall be in addition to any 5% commission previously
included in any claim or judgment thereon.
3.
Attorneys' fees and expenses incurred in pending enforcement proceedings
prior to the effective date of this Subpart 12C, pursuant to a prior
ordinance adopted under Act 1, but not collected, shall remain due
and owing in accordance therewith, and shall be incorporated in any
future statement, claim, pleading, judgment or execution. Attorneys'
fees and expenses in any pending or new action incurred after the
effective date of this Subpart 12C shall be incurred, charged, and
collected in accordance with the schedules and procedures set forth
in this Subpart 12C.
4.
The charges, expenses and fees set forth in this Subpart 12C relate
to all unpaid claims in favor of the Borough, its agents and assigns,
and shall be retroactive to the date of each claim.
[Ord. 863, 8/14/2017]
The Borough assigns the provisions of this Subpart 12C to any
assignee of its claims unless the assignment limits the assignee's
ability to collect such amounts. The Borough and its duly authorized
agents and their counsel shall retain all rights to charge reasonable
attorneys' fees, charges, expenses, and fees in accordance with the
provisions of this Subpart 12C in actions commenced under the Act
and for servicing any claims retained by the Borough.
[Ord. 863, 8/14/2017]
If any one or more of the provisions or terms of this Subpart
12C shall be held invalid for any reason whatsoever, then such provision
or terms shall be deemed severable from the remaining provisions or
terms of this Subpart 12C to the maximum extent possible and shall
in no way affect the validity or enforceability of any other provisions
hereof.
