[HISTORY: Adopted by the Borough Council of the Borough of Cheswick as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-16-2012 by Ord. No. 773-C]
The Borough here approves the statement of collection policies for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act[1] ("accounts"), as presented to this meeting, and which is to be filed with the enacted counterpart of this article.
[1]
Editor's Note: See 53 P.S. § 7106 et seq., the Municipal Claims and Tax Liens Law.
A. 
The Borough hereby approves the following schedule of attorney fees for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for the services anticipated in acting on the Borough's behalf to pursue collection of delinquent municipal accounts and claims, all in accordance with the principles set forth in Section 3(a.1) of the Municipal Claims Law[1] as added by Act No. 1 of 1996 (the "Act"): All services performed by the Borough's duly appointed attorneys in relation to the establishment, enforcement and collection of the Borough's delinquent accounts and/or municipal claims and liens thereon shall be at an hourly rate equal to the Borough Solicitor's regular charges to the Borough, the same being reasonable in comparison to rates normally charged by attorneys in this marketplace for similar work.
[1]
Editor's Note: See 53 P.S. § 7106(a)(1).
B. 
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with bills, which shall be deemed to be part of the fees.
C. 
The amount of fees determined as set forth above shall be added to the Borough's claim in each account.
The following collection procedures are hereby established in accordance with Act No. 1:
A. 
At least 30 days prior to assessing or imposing attorney 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. 
If within 30 days after mailing the notice in accordance with Subsection A, the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorney fees, the Borough shall mail in cause to be mailed, by first class mail, a second notice to such account debtor.
C. 
All notices required by this article 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.
D. 
Each notice as described above shall include the following:
(1) 
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
(2) 
A statement of the Borough's intent to impose or assess attorney fees within 30 days after the mailing of the first notice, or within 10 days of the mailing of the second notice;
(3) 
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
(4) 
The place of payment for accounts and the name and telephone number of the Borough official 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.
Interest, at an annual rate of 10%, shall be charged on and added to all past due accounts for any municipal services or assessments which remain unpaid for more than 30 days from the date of invoice, accruing thereon from the date that the service was provided, and the same shall be added to the total due and shall be thereby become a part of any municipal claim or lien filed, or other claim recoverable at law or in equity, or otherwise, in regard to such account.
A late penalty, in the amount of 5% for assessments and in the amount of 5% for all other municipal services, shall be charged on and added to all past due accounts for any municipal assessments and services which remain unpaid for more than 30 days from the date of invoice, accruing thereon from the date that the service was provided, and the same shall be added to the total due and shall be thereby become a part of any municipal claim or lien filed, or other claim recoverable at law or in equity, or otherwise, in regard to such account or claim.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This article shall become effective on __________.