[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek as indicated in article histories. Amendments noted
where applicable.]
[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:
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.
The Board of Supervisors of Harborcreek Township.
Includes any failure to make timely payment or to comply
with the terms of this article or any terms of an installment agreement.
Shall refer to only those payments made pursuant to an agreement,
as defined herein.
[Added 4-19-2000 by Ord.
No. 99-174-1]
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.
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]
Refers to Harborcreek Township.
A.
Any agreement for installment payments of municipal assessments shall
be for a term not greater than five years.
B.
The interval between payments shall be every three months or quarterly.
C.
With respect to assessments levied on and after the effective date
of this article, the owners of property that the assessment applies
to shall have 18 months from the date of the levy of the assessment
to enter into and execute an approved installment payment agreement.
D.
With respect to assessment levied prior to the effective date of
this article, the owners of property so assessed shall have 12 months
to enter into and execute an approved installment payment agreement.
E.
The installment payment agreement shall set for the quarterly payment
of principal due calculated as principal, interest and any penalty
applicable on the date the parties execute an agreement. Therefore,
the assessment shall accrue interest at the rate of 10% per annum
to be paid along with each quarterly installment.
F.
The assessment may be prepaid, in which case any accrued interest
at the rate of 10% per annum shall be added to the principal assessed
amount. The payoff of the assessment shall include, in addition to
interest, any fees necessary to satisfy any liens.
G.
Assessment and installment payments shall be payable to the Township
Treasurer.
[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.
A.
A default in the payment of any installment and interest for a period
of 60 days after it becomes due shall render the entire assessment
and accrued interest due and payable. The Township shall proceed to
collect the assessment under the general laws relating to the collection
of municipal claims.
B.
The tender of late payment shall first be applied to the oldest payment
missed. The acceptance of a late tender of payment does not constitute
a waiver of any rights the Township may have by ordinance, statute,
or agreement.
C.
The Township reserves the right to declare any installment agreement
null and void in the event of a default.
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.
A.
The Township, prior hereto, has not had any ordinance authorizing
the payment of assessments by installments. Likewise, the Township,
prior hereto, has not entered into any written agreements to accept
payments of assessments by installments.
B.
On and after the effective date of this article, anyone with an existing
assessment and/or lien for municipal improvements will be required
to enter into an installment payment agreement in conformity with
the terms of this article or the Township will take whatever steps
are appropriate to enforce their liens and collect the assessments.
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.
