The Township of Spring hereby approves the Statement of Collection Policies and Procedures for the collection of delinquent unpaid taxes, user charges, utility charges and other charges (the "account(s)") covered by the Pennsylvania Municipal Claims and Tax Lien Law, Act of May 16, 1923 (P.L. 207, No. 153), amended December 19, 1990 (53 P.S. § 7101, et seq.) (the Municipal Claims Law), as further amended by Pennsylvania Act No. 1 of 1996, (P.L. 1, No. 1) (53 P.S. § 7106) (the "Act"), or such other policies and administrative statements as may be approved by the Board of Supervisors for the Township by resolution or other formal enactment from time to time.
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-25-2002 by Ord. No. 281 (Ch. I, Part 9, of the 2013 Code of Ordinances)]
A.
The Township hereby approves the following schedule of attorneys' fees for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for the services set forth in Section 3(a.1) of the Municipal Claims Law as added by the Act:
Legal Services | Fee for Services (Designated in Time for Service to be Billed at Approved Rates) (hours) |
|---|---|
Initial review and sending first demand letter | 0.50 |
Prepare and transmit second demand letter | 0.50 |
Prepare and file lien | 1.00 |
Prepare and file Writ of Scire Facias | 0.50 |
Obtain reissued writ | 0.50 |
Prepare and mail under Pa.R.C.P. § 237.1 | 0.25 |
Prepare Motion for Alternate Service | 0.50 |
Prepare and file Motion for Summary Judgment and related judgment | 1.00 |
Prepare and file Writ of Execution | 0.50 |
Attendance at sale; review of schedule of distribution and resolve distribution issues | 1.50 |
Services not covered above | Hourly amount equal to Solicitor's regular charges to Township |
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.
The following collection procedures are hereby established in accordance with the Act:
A.
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an account, the Township shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer or other entity liable for the account (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 attorney 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 this article 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 Berks County Tax Assessment Office.
D.
Each notice as described above shall include the following:
(1)
The type of tax or other charge, the date it became due and the amount owed, including penalties 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 account.
(4)
The place of payment for accounts and the name and/or title of the Township official designated to be responsible for collection matters.
(5)
For the purpose of this article and the implementation of attorneys' fees to be charged to such collection activities, the solicitor's hourly rate shall be the same as that would be otherwise chargeable to the Township for other services rendered by the Solicitor and as approved by the Board of Supervisors at their annual reorganization meeting.
The proper officials of the Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Township Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.