[Ord. 8170, passed 1-28-2016]
Approving collection procedures and adopting interest schedule
of attorney fees and charges to be added to the amount collected as
part of unpaid real estate taxes for delinquent accounts.
[Ord. 8170, passed 1-28-2016]
Fee schedule for the collection of the Unpaid Real Estate Taxes,
which fees shall be added to the Unpaid Real Estate Taxes:
(a) Notice expense. A charge of $40 plus applicable postage shall be
added to the Unpaid Claims for providing notice of fee shifting pursuant
to § 7106 of the Act. The City may hire a private company
to perform this service and add the amount of this charge to the Unpaid
Taxes.
(b) Legal fees:
Type
|
Fee
|
---|
Initial review and sending first demand letter
|
$160
|
File lien and prepare satisfaction
|
$250
|
Prepare Writ of Scire Facias
|
$250
|
Obtain re-issued writ
|
$30
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
$30
|
Prepare Motion for Alternate Service
|
$250
|
Obtain vehicle identification number (VIN) for mobile home
|
$350
|
Prepare discovery in preparation for trial
|
$100
|
Prepare Pre-Trial Memorandum
|
$150
|
Prepare Motion for Judgment for Want of Sufficient Affidavit
of Defense pursuant to 53 P.S. § 7271
|
$150
|
Prepare Default Judgment
|
$175
|
Prepare Writ of Execution
|
$800
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
|
Continue sheriff sale
|
$50
|
Prepare Petition to Assess Damages
|
$50
|
Prepare Petition for Free and Clear Sale
|
$400
|
Services not covered above
|
At an hourly rate between $60-$275 per hour
|
(c) Collection fees.
Type
|
Fee
|
---|
Bookkeeping fee for payment plan of 3 months or less
|
$25
|
Bookkeeping fee for payment plan of more than 3 months
|
$50
|
Guaranteed payoff fee
|
$25
|
Handling fee for returned check
|
Bank charge, if any
|
[Ord. 8170, passed 1-28-2016]
In addition to the fees set forth in Paragraph 1 above, the
reasonable and necessary out-of-pocket charges, costs, expenses, commissions
and fees incurred in collection, including, but not limited to, postage,
title searches, VIN searches, prothonotary fees and charges, and sheriff
fees, shall be added to the Unpaid Taxes.
[Ord. 8170, passed 1-28-2016]
The City authorizes any attorney or private collector collecting
the Unpaid Taxes on behalf of the City to accept payment of the Unpaid
Taxes by credit card or debit card. Where payment is made by credit
card or debit card, any fees charged by the credit card or debit card
company and/or the credit card or debit card servicing agent shall
be charged immediately to the credit card or debit card used to make
payment. This applies to credit card or debit card payments made by
mail, telephone, over the internet, or in person.
[Ord. 8170, passed 1-28-2016]
Interest will be assessed upon the Unpaid Taxes at a rate of
10% per annum and added to the Unpaid Taxes.
[Ord. 8170, passed 1-28-2016]
The following collection procedures are hereby established in
accordance with the Act:
(a) At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an Unpaid Tax account, the City
or its designee shall mail or cause to be mailed, by certified mail,
return receipt requested, a notice of such intention to the property
owner or other entity liable for the account (the "Property Owner").
(b) If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the City or its
designee shall mail or cause to be mailed, by first class mail, a
second notice to the Property Owner.
(c) All notices required by this Ordinance shall be mailed to the Property
Owner's last known post office address as recorded in the records
or other information of the City or such other address obtained by
the City from the county tax assessment office.
(d) Each notice as described above shall include the following:
(1)
The type of tax or other charge, the year that it became due
and the amount owed, including penalty and interest;
(2)
A statement of the City's intent to impose or assess attorney
fees no earlier than 30 days after receipt of the first notice, or
no earlier than 10 days after receipt 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 City's representative designated as responsible
for collection matters.
[Ord. 8170, passed 1-28-2016]
The proper officials of the City are hereby authorized and empowered
to take such additional action as they may deem necessary or appropriate
to implement this article.
[Ord. 8170, passed 1-28-2016]
The City of New Castle, PA appoints Michelle R. Portnoff, Esquire,
as Solicitor for the limited purpose of collecting the Unpaid Real
Estate Taxes and hereby authorizes her, and attorneys under her supervision,
to sign any and all documents, including municipal claims and liens,
on behalf of the City of New Castle, PA.