[HISTORY: Adopted by the Borough Council of the Borough of
Avondale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-19-2007 by Ord. No. 218]
As used in this article, the following terms shall have the
meanings indicated:
Any and all property which is subject to a municipal claim
and lien for amounts owed to the Borough for service(s) provided at
the property and/or for the abatement of a nuisance condition on the
property.
The legal owner(s) of the property served, the person(s)
designated on the Borough's billing records as the party(ies) responsible
for the bill for service(s), and any other party(ies) who can be held
responsible, pursuant to any applicable law, for any obligation subject
to collection hereunder.
Water supply, sanitary sewer and/or trash collection service(s),
provided by the Borough.
All delinquent accounts, owed to the Borough for service(s)
and/or amounts owed to the Borough because of the Borough's abatement
of a public nuisance, may be collected by the Borough at any time
as a municipal claim and/or in any other manner as authorized by law,
and all such amounts owed to the Borough in connection with any such
claim(s) may be liened by the Borough against the lienable property
as authorized by law.
The responsible party(ies) shall pay to the Borough the following
charges and the Borough's costs and expenses incurred in connection
with service termination for account delinquency and/or violation
of service regulations and/or the collection of the delinquent account
and/or abatement cost owed to the Borough:
A.
Certified and/or registered mail charge: $10 for each notice, plus
the postal service mailing charges.
B.
Personal service (by either Borough staff or constable): $30 for
each notice
C.
Posted notice charge: $10 for each notice.
D.
Record preparation charge, for preparing delinquent account information
to be forwarded to the Borough Attorney for collection: $10 for each
delinquent account and/or abatement.
Attorney's fees, commissions, charges and costs, with respect
to the collection of delinquent service(s) charges and/or for costs
incurred by the Borough for the abating or causing the abatement of
nuisances, shall be imposed on the responsible party(ies) and/or liened
against the lienable property. Such attorney's fees, commissions and
charges (collectively "attorney fees") shall be determined and imposed
pursuant to the appended Schedule of Attorney Fees which is a part
of this article (the definitions herein apply to the Schedule) and
incorporated herein.[1] To the extent that the Borough's Attorney(s) incur(s)
any cost(s) ("Attorney cost") in connection with the collection of
a Borough municipal claim or lien for service(s) and/or nuisance abatement,
such costs shall be paid by the Borough to the Attorney and imposed
upon and collected from the responsible party(ies) and liened against
the lienable property as part of the Borough's municipal claim.
[1]
Editor's Note: The Schedule of Attorney Fees is included as an attachment to this chapter.
In addition to attorney fees, all charges, expenses, fees and
costs incurred by the Borough to file, preserve and/or collect municipal
claims and liens shall be charged to and paid promptly by the responsible
party(ies) and/or liened against the lienable property to the maximum
extent authorized by law. Such costs include, but are not necessarily
limited to, all sheriff, constable, title search and abstracting,
expert witness, deposition, court reporter and court costs, filing
fees and charges and any and all other Borough costs and expenses
which the Borough is entitled to claim or recover from the responsible
party(ies) in connection with the Borough's municipal claim(s). All
such amounts shall be assessed and due when incurred by the Borough.
