[Adopted 8-25-1999 by Ord. No. 99-174]
This article is enacted to authorize and provide for the payment
of municipal assessments in installments and to promulgate rules,
regulations and conditions for the collection of installment payments
of existing and prospective municipal assessments.
The following terms when used throughout this article shall
have the following meanings ascribed:
AGREEMENT
An approved written agreement to pay for a municipal assessment(s)
entered into, by and between the Township and owners of properties
benefitted by municipal improvements.
BOARD
The Board of Supervisors of Harborcreek Township.
DEFAULT
Includes any failure to make timely payment or to comply
with the terms of this article or any terms of an installment agreement.
INSTALLMENT PAYMENT
Shall refer to only those payments made pursuant to an agreement,
as defined herein.
[Added 4-19-2000 by Ord.
No. 99-174-1]
MUNICIPAL ASSESSMENT or ASSESSMENT
Includes any assessment levied by resolution, motion or ordinance
for the improvement or extension of sanitary sewer or water distribution
systems and for the placement of hydrants and streetlight usage.
PAYMENT ON ACCOUNT
Shall refer to any other payment by the owner of a property
who has received a notice of assessment and/or against whose property
a lien has been indexed in connection with the levy of a municipal
assessment.
[Added 4-19-2000 by Ord.
No. 99-174-1]
TOWNSHIP
Refers to Harborcreek Township.
[Added 4-19-2000 by Ord.
No. 99-174-1]
A. The Township shall accept as a payment on account any payments in
excess of $500 received in connection with a municipal assessment
until such time as a lien is indexed against the subject property.
After the date a lien is indexed against the subject property, only
payments made pursuant to an agreement shall be accepted as payments
on account by the Township.
B. Payments on account shall first be applied to penalty and interest
charges, with the remainder being applied to the principal amount
of the assessment.
C. Payments on account shall be deemed received and credited to the
account of the owner of the subject property on the date when the
payments are received by the Township.
D. The Township practice of accepting up-front money from owners whose
property will be benefitted by the installation of a water line will
be deemed a form of payment on account and the amounts received shall
be reflected and credited on the billings issued by the Township periodically
in connection with municipal assessments for the installation of water
lines.
E. No agreements, as defined herein, shall be executed by the Township
prior to the date that a lien is indexed against the subject property
in connection with the municipal claim.
F. Additional rules, regulations and guidelines shall be promulgated
by the Township Treasurer with respect to the processing of payments,
billings, crediting of accounts, the implementation of installment
contracts, and all matter related to agreements, as defined herein.
The Treasurer may choose to delegate responsibilities to persons within
the administration.
In the event of a default which causes the Township to declare
the assessment due and payable, if the Township must sue to enforce
collection it shall be entitled to recover reasonable attorneys' fees
and expenses related to pursuit of collection, including but not limited
to, filing fees, service of process charges and deposition related
costs.
The owner of property against whom any assessment is made may
pay the assessment in full at any time, with interest and costs thereon
to the date of the next installment, and such payment shall discharge
the lien.
The Township may from time to time adopt rules, regulations,
and/or guidelines to assist in enforcement and interpretation of the
provisions contained herein. Additionally, the Township may adopt
or adapt forms to be standardized for the enforcement and execution
of the terms and provisions contained herein.
If any portion of this article is deemed invalid, illegal, unconstitutional,
or otherwise null and void, the remainder of this article shall still
be deemed constitutional and enforceable ab initio.
Any provisions of any prior enactments, which in any way are
deemed inconsistent with the terms and provisions contained herein,
are hereby repealed and replaced by this article.