[HISTORY: Adopted by the Borough Council of the Borough of Avondale as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Schedule of Attorney Fees
[Adopted 6-19-2007 by Ord. No. 218]
As used in this article, the following terms shall have the meanings indicated:
LIENABLE PROPERTY
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.
RESPONSIBLE PARTY(IES)
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.
SERVICE(S)
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.