[Adopted 12-16-2019 by Ord. No. 1942[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
III, Cost of Collections, adopted 6-20-2016 by Ord. No. 1872.
This article shall be known as the "Cost of Collections Ordinance.
"
Hereinafter, for every delinquent claim, charge, levy, or obligation
owed to the City of Warren, there may be added to such claim, charge,
assessment, levy, or obligation such attorney's fees, charges
and expenses incurred in the collection process subsequent to proper
notification to the responsible party of the intent to impose attorney's
fees on delinquent obligations. Such additional charges shall be collected
in addition to such interest and penalties as are allowed by law.
The additional charges 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 for purposes of collection
and obtaining a lien on property.
Such fees shall be reasonable and shall be the same as those
approved by way of resolutions which may be adopted from time to time
for the appointment of the City Solicitor and accepting the terms
of, and authorizing the execution of, the solicitor retainer letter
and accompanying schedule of fees.
Any person or entity empowered to collect amounts on behalf of the City of Warren is directed to add such fees as are incurred to the extent allowed and set forth in § 305-8 hereof.
Attorney's fees incurred to the extent set forth in § 305-8 hereof shall be added to all unpaid municipal claims of any nature arising or imposed subsequent to the effective date of this article which become delinquent or are predetermined to be delinquent subsequent to the effective date of this article. Prior to the time when such fees are added to any underlying claim, the City of Warren shall first give such notice as required by law. The City of Warren shall so notify the responsible party by sending notice to such party's last known address by mailing notices, the form of which has been approved by the City Solicitor.
Ordinance No. 1872 and all other ordinances or parts of ordinances
which are inconsistent herewith are hereby repealed to the extent
of such inconsistency.
The provisions of this article are severable. If any sentence,
clause or section is for any reason found to be unconstitutional,
illegal, or invalid, such determination shall not affect the validity
of any of the remaining provisions of this article. It is hereby declared
as the intent of the City of Warren that this article would have been
adopted had such unconstitutional, illegal, or invalid sentence, clause,
section, or part thereof not been included herein.
