[HISTORY: Adopted by the Board of Supervisors of the Township of East Lampeter as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-2021 by Res. No. 2021-20]
By Act 1 of 1996, the General Assembly amended the Lien Law to specifically authorize the inclusion of attorneys' fees incurred in the collection of delinquent accounts as part of a municipal lien. Act 1 requires that townships by resolution adopt a schedule of attorneys' fees. Act 1 further requires that, prior to imposing attorneys' fees, the Township must notify the owner of the property with the delinquent account by certified mail of the Township's intent to recover these fees and the manner by which assessment of the fees may be avoided by payment of the delinquent account. By Act 83 of 2004, the General Assembly amended the Lien Law to specifically authorize the inclusion of certain fees and charged incurred in the collection of delinquent accounts as part of a municipal lien. It is the intention of the Board of Supervisors of East Lampeter Township in adopting this article to implement the provisions of Act 1 of 1996 and Act 83 of 2004.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
Unless otherwise stated, the following words shall, for the purpose of this article, have the meanings herein indicated:
ATTORNEYS' FEES
The fees charged by the Township's Solicitor to the Township consistent with the ordinary and customary charges by the Township Solicitor for similar services in the community, but in no event shall the fees charged for collection of delinquent accounts exceed the fees charged by the Township Solicitor to the Township when fees are not reimbursed by or otherwise imposed upon delinquent customers to the Township.
DELINQUENT ACCOUNT
Any sums due and owing to the Township which have not been paid within the time required by the Township's ordinances, rules, regulations or policies, including, but not limited to, sanitary sewer charges, stormwater fees, streetlight charges, weed and grass cutting charges, or any other charge which may lawfully be imposed by the Township and for which a municipal lien claim may be filed under the Lien Law.
TOWNSHIP
East Lampeter Township, Lancaster County, Pennsylvania.
TOWNSHIP SOLICITOR
The person or law firm appointed by the Board of Supervisors of the Township to serve as legal counsel to the Township in accordance with the provisions of the Pennsylvania Second Class Township Code, as amended.
The Board of Supervisors of East Lampeter Township specifically authorizes the recovery of attorneys' fees incurred by the Township in the collection of delinquent accounts from the person or persons who are responsible for the payment of such delinquent accounts. The Board of Supervisors of the Township authorizes the Township's Manager to take all actions required by law to enable the Township to recover attorneys' fees incurred from the persons responsible for this cost and to include such attorneys' fees in municipal lien claims. This authorization includes, but is not limited to, sending notification to such persons of the intention of the Township to impose attorneys' fees incurred in collection efforts upon such persons.
A. 
The Township hereby approves the following schedule of attorneys' fees for services in connection with the collection of delinquent accounts, which is hereby determined to be fair and reasonable compensation for the services set forth below, all in accordance with the principles set forth in Section 3(a.1) of the Lien Law as added by Act No. 1 of 1996:[1]
Service
Fees for Services
Initial review and sending of first demand letter
$75
Obtain and review deed of property
$25
Prepare municipal lien claim
$75
File municipal lien claim
$25
Send notice of entry of lien claim to owner(s) of property
$25
Prepare writ of scire facias
$100
Obtain reissued writ
$30
Prepare and mail letter under Pa.R.C.P. § 237.1
$25
Prepare motion for alternate service
$175
Prepare default judgment
$175
Prepare writ of execution
$750
Attendance at sale, review schedule of distribution and resolve distribution issues
$400
Continue sheriff sale
$50
Petition to assess damages
$50
Petition for free and clear sale
$400
Prepare bankruptcy proof of claim
$100
Handling fee for returned check
$30
Handling fee to issue refund check
$20
Bookkeeping fee for payment plan of more than 3 payments
$50
Services not covered above
At an hourly rate between $120 and $195 per hour
[1]
Editor's Note: See 53 P.S. § 7106.
B. 
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.
C. 
The amount of fees determined as set forth above shall be added to the Township's claim in each account. If legal proceedings are commenced for failure to pay any amount owed, the owner of the improved property shall, in addition to the amount owed, pay to the Township, or any other person or entity appointed to collect the charges, the cost of collection, including reasonable attorneys' fees.
The fees charged by the Township Solicitor for the services set forth in § 216-4 of this article are based upon the experience of the Township Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Township Solicitor to perform additional or more time consuming services than contemplated by § 216-4, it is the intention of the Township to recover all of its attorneys' fees so incurred. Such actions, include, but are not limited to, filing of counterclaims, challenging the legal power of the Township to impose and collect the fee, rate, charge or other cost or similar actions.
The Township, in conformity with the provisions of Act 1 of 1996, shall observe the following procedures when liening properties for municipal charges:
A. 
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an unpaid municipal charge, the Township shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer, landowner or other entity liable for the unpaid municipal charge (the "account debtor").
B. 
If within 30 days after mailing the notice in accordance with Subsection A, the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorneys' fees, the Township shall mail or cause to be mailed, by first-class mail, a second notice to such account debtor.
C. 
All notices required by Act 1 of 1996 shall be mailed to the account debtor's last known post office address as recorded in the records or other information of the Township, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.
D. 
Each notice as described above shall include the following:
(1) 
The type of fees or other municipal charge, the date it became due and the amount owed, including penalty and interest;
(2) 
A statement of the Township's intent to impose or assess attorneys' fees within 30 days after the mailing of the first notice, or within 10 days after the mailing of the second notice;
(3) 
The manner in which the assessment or imposition of attorneys' fees may be avoided by payment of the municipal charge; and
(4) 
The place of payment for municipal charge and the name and telephone number of the Township official designated as responsible for collection matters.
There shall be added to the Township's municipal lien claim and the foregoing attorneys' fees the reasonable out-of-pocket charges, costs, fees and expenses of the Township Solicitor in connection with each of the foregoing services, such as, but not limited to, postage, title searches, prothonotary fees and sheriff fees, all of which shall be included in and be part of the fees in accordance with the provisions of Act No. 83 of 2004.
The provisions of this article are severable, and if any section, sentence, clause, part of provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Board of Supervisors of East Lampeter Township that this article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part of provision had not been included herein.
This article shall take effect and be in force immediately upon its adoption by the Board of Supervisors of East Lampeter Township.