In all matters where the Borough undertakes recovery efforts by legal proceedings or otherwise, to collect unpaid taxes, unpaid trash accounts, unpaid fines for Borough violations, and other municipal claims, liens and accounts, the cost of collection fees, administrative fees and attorneys' fees, together with all other charges, expenses, fees and costs incurred, shall be added to the total payable with respect to such unpaid taxes, unpaid accounts, unpaid fines, and other unpaid municipal claims, liens and accounts.
[HISTORY: Adopted by the Borough Council of the Borough of Langhorne as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-2012 by Ord. No. 2012-4]
Subject to revision by Borough resolution from time to time, the Borough approves the following schedule of fees for services rendered in connection with the collection of unpaid taxes, unpaid trash accounts, unpaid fines for Borough violations, and unpaid municipal claims, liens and accounts, which is determined to be fair and reasonable compensation for the services set forth below:
A.
Administrative charge. Any administrative fee incurred for mailing the notice of delinquency, not to exceed $50.00, being a cost of collection under the Municipal Claim and Tax Liens Act,[1] shall be assessed, plus the cost of postage, certified mailing or service.
B.
Interest. Interest will be assessed upon all delinquent municipal claims and/or delinquent real estate taxes at a rate of 10% per annum, which rate of interest may be amended, changed or altered by resolution.
C.
Fees for collection services.
(1)
Initial review and sending first demand letter: $75.
(2)
Sending second demand letter: $30.
(3)
File lien: $125.
(4)
Attendance at court hearing or judicial sale: $250.
(5)
Handling fee for returned check: $30.
(6)
Handling fee to issue refund check: $20.
(7)
Bookkeeping fee for payment plan of more than three payments: $50.
(8)
Services not covered above shall be at an hourly rate to $100 per hour. All rates may be amended, changed or altered by resolution.
D.
Legal services fee for services.
(1)
Initial review and sending first demand letter: $160.
(2)
Sending second demand letter: $50.
(3)
File lien: $175.
(4)
Prepare writ of scire facias: $175.
(5)
Obtain reissued writ: $30.
(6)
Prepare and mail letter under Pa.R.C.P. § 237.1: $30.
(7)
Prepare motion for alternate service: $175.
(8)
Prepare default judgment: $175.
(9)
Prepare writ of execution: $800.
(10)
Attendance at sale; review schedule: $400.
(11)
Distribution and resolve distribution issues schedule: $400.
(12)
Continue sheriff sale: $50.
(13)
Petition to assess damages: $50.
(14)
Petition for free and clear sale: $400.
(15)
Prepare bankruptcy proof of claim: $100.
(16)
Handling fee for returned check: $30.
(17)
Handling fee to issue refund check: $20.
(18)
Bookkeeping fee for payment plan of more than three payments: $50.
(19)
Services not covered above shall be at an hourly rate to $225 per hour. All may be amended, changed or altered by resolution.
E.
There shall be added to the above amounts the reasonable out-of-pocket charges, costs, expenses, commissions and fees such as but not limited to, postage, certified mailing, title searches, prothonotary fees, sheriff fees, and sheriff sales.
F.
The amount of charges, expenses, commissions and fees determined as set forth above shall be added to the Borough's claim in each account, lien or tax year.
The following collection procedures are established in accordance with the Municipal Claims and Tax Liens Act:[1]
A.
At least 30 days prior to assessing or imposing administrative fees, late fees, interest, or costs in connection with the collection of an account, the Solicitor, the Borough Treasurer, or the Borough shall mail or cause to be mailed, a notice of such intention to the taxpayer or other entity liable for the account (the "property owner").
B.
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an account, the Solicitor, the Borough Treasurer, or the Borough 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 "property owner").
C.
If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing such attorneys' fees, the Solicitor or the Borough shall mail or cause to be mailed, by first-class mail, a second notice to the property owner.
D.
All notices required by this article shall be mailed to the property owner's last-known post office address as recorded in the records or other information of the Solicitor or the Borough, or such other address as it may be able to obtain from the Borough Tax Collector.
E.
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 penalty and interest;
(2)
If applicable, a statement of the Borough'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; and
(4)
The place of payment for accounts and the name and telephone number of the Borough Treasurer or other Borough representative designated as responsible for collection matters.
The Solicitor or other properly authorized officials of the Borough are authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article and to effect collection of delinquent accounts, fees and costs.
Any ordinance, resolution or part of this article conflicting with the provisions of any other ordinance or resolution shall be and the same are hereby repealed to the extent of such conflict.