Borough of Etna, PA Attorneys' Costs for Collection

Hereinafter, for every delinquent claim, charge, tax, assessment, levy or obligation owed to the Borough of Etna there shall be added to such claim, charge, tax, assessment, levy or obligation such attorneys' fees, charges, and expenses incurred in the collection process subsequent to proper notification to taxpayers of the intent to impose attorneys' fees on delinquent obligations. Such additional charges shall be collected in addition to such interest and penalties as are allowed by law. They shall further be collected in the same manner and with the full authority as other municipal claims of any nature and shall be deemed to be a municipal claim and collectable and lienable as such.

§ 535-57 Fee schedule

Such fees shall be reasonable and the same are hereby established in a fee rate as attached hereto and made a part hereof as Schedule "A."[1] Said schedule of fees is hereby deemed to be reasonable, fair and necessary in order to allow the Borough to collect such sums due it. This schedule may be adjusted by amendment by the Borough.

[1]

Editor's Note: Said schedule of fees is on file in the Borough's office.

§ 535-58 Added fees.

Any person or entity empowered to collect sums on behalf of the Borough is directed to add such fees as are incurred to the extent allowed and set forth on Schedule "A." Such sums collected pursuant to this article shall be in addition to any tax, penalty, interest, costs or fees already part of the delinquent account or assessment. The sums collected pursuant to this article shall be remitted to the municipal taxing authority in the same manner as the underlying tax obligation.

§ 535-59 Attorneys' fees to be added; notice of delinquency.

Attorneys' fees incurred to the extent set forth on Schedule "A" shall be added to all unpaid municipal claims of any nature arising or imposed subsequent to December 19, 2000, or which become delinquent or are redetermined to be delinquent subsequent to December 19, 2000. Prior to the time when such fees are added to any underlying claim, the Tax Collector shall first give the taxpayer such notice as required by law. The Tax Collector or other collector shall so notify the taxpayer by sending such notice to the taxpayer's last known address by mailing notices in the manner prescribed by the Act of the Pennsylvania General Assembly, known as Act 1 of 1996.[1]

[1]

Editor's Note: See 53 P.S. § 7101 et seq., Municipal Claims and Tax Liens Act.

§ 535-60 When effective.

This article shall become effective this 19th day of December, 2000.

§ 535-61 Severability.

Any ordinance in conflict with this article shall be deemed to have been repealed to the extent of the conflict. If any portion of this article is deemed to be illegal or unconstitutional, then it is the intent of Council that it would have enacted the balance of this article irrespective of said invalid portion.