[Ord. 700, passed 11-9-2005]
This chapter shall apply to all municipal claims allowed and
authorized by the law of the Commonwealth to be assessed by the Borough,
including, but not limited to, all charges, expenses and fees for
all taxes, tax claims, tax liens, municipal liens, writs of scire
facias, judgments and executions, as defined by 53 P.S. § 7101
to the fullest extent authorized by law (hereinafter "delinquent accounts"),
whether heretofore or hereafter assessed or filed.
[Ord. 700, passed 11-9-2005]
The following schedule of attorney's fees is to be utilized
and followed in the assessment of attorney's fees in the collection
of any delinquent accounts and the corresponding fees shall be added
and included in the collection of the same at the time of the filing
of the municipal claim by or for the Borough or as soon thereafter
as may be convenient or proper:
|
Claim Amount
|
Attorney Fees
|
|---|---|
|
Under $1,000
|
$250
|
|
$1,000 to $2,500
|
$500
|
|
$2,501 to $5,000
|
$1,000
|
|
$5,001 to $7,500
|
$1,500
|
|
$7,501 to $10,000
|
$2,000
|
|
$10,001 to $25,000
|
$2,500
|
|
Over $25,000
|
10% of the claim amount
|
[Ord. 700, passed 11-9-2005]
Prior to assessing or imposing attorney's fees in connection
with a delinquent account and in accordance with the Act of May 16,
1923, Pub. L. 207, No. 153, as amended or supplemented, 53 P.S. § 7106,
the Borough shall provide the following notice of the Borough's
intention to assess or impose attorney's fees in connection with
this chapter:
(A)
At least 30 days prior to assessing or imposing attorney's fees
in connection with the collection of a delinquent account, the Borough
shall, by United States certified mail, return receipt requested,
postage prepaid, mail to the owner the notice required by Division
(D) hereof;
(B)
If within 30 days of mailing the notice in accordance with Division
(A) hereof, the certified mail is refused or unclaimed or the return
receipt is not received, then at lease 10 days prior to assessing
or imposing attorney's fees in connection with the collection
of a delinquent account, the Borough shall, by United States first-class
mail, mail to the owner the notice required by Division (D) hereof;
(C)
The notice required by this section shall be mailed to the owner's
last known post office address by virtue of the knowledge and information
possessed by the Borough and by the Tax Collector or county assessment
office. It shall be the duty of the Borough to determine the owner's
last post office address known to said Collector and county assessment
office; and
(D)
The notice to the owner shall include the following:
(1)
A statement of the Borough's intent to impose or assess
attorney's fees within 30 days of mailing the notice pursuant
to Division (A) hereof or within 10 days of the mailing of the notice
pursuant to Division (B) hereof; and
(2)
The manner in which the imposition or assessment of attorney's
fees may be avoided by payment of the delinquent account.
[Ord. 700, passed 11-9-2005]
In all proceedings where a municipal claim is filed as a lien
against real property for delinquent accounts that are the subject
of this chapter, interest equal to 10% per annum shall be assessed
and accrue on the claim from the date of the completion of the work
after it is filed as a lien, and on claims for taxes, water rents
or rates, lighting rates or sewer rates, from the date of the filing
of the lien therefore; provided, however, that if a municipal claim
is filed arising out of a municipal project which required the Borough
to issue bonds to finance the project, interest shall accrue and be
collectible on such claim at the rate of interest of the bond issue
or at the rate of 12% per annum, whichever is less. No notice prior
to the assessment or imposition of interest as set forth herein shall
be required. Such interest shall be added to the municipal claim and
collected therewith.
[Ord. 700, passed 11-9-2005]
In all proceedings where a municipal claim is filed as a lien
against real property for delinquent accounts that are subject to
this chapter, a penalty equal to 5% of the delinquent account shall
be added to the municipal claim and collected therewith when the delinquent
account remains unpaid for 90 days after the assessment shall have
been levied, or as soon thereafter as may be convenient or proper.
No notice prior to the assessment or the imposition of a penalty as
set forth herein shall be required.
[Ord. 700, passed 11-9-2005]
Should any part or provision of this chapter be found to be
illegal, unenforceable or void, such shall not affect the remainder
of this chapter, which shall remain fully binding, enforceable, and
valid, and such illegal, unenforceable or void part and/or provision
shall be amended to the extent necessary to conform with the law.
The Borough Council hereby declares its intention that it would have
adopted this chapter had it not contained such invalid, illegal or
unenforceable part or provision, and that it would have adopted this
chapter had it contained such parts or provisions as subsequently
amended to conform to the law.
