E-Collect PA, LLC ("E-Collect"), is appointed as collector, and is authorized and directed to file liens for delinquent real estate taxes and municipal claims with the Delaware County Office of Judicial Support in accordance with the provisions of the MCTLA.[1] E-Collect shall charge the City $20 for the preparation and mailing of the initial notice of delinquency to the delinquent property owner. The City of Chester may and is legally authorized to add this cost to the balance owed by the property owner so that it may be reimbursed.
[HISTORY: Adopted by the City Council of the City of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2024 by Ord. No. 9-2024]
Pursuant to § 7106 of the MCTLA,[1] it is hereby established that the fee for the collection of delinquent real estate taxes and municipal claims is 5% of the delinquent real estate taxes and municipal claims and interest collected by E-Collect and paid to the City. All fees to be paid to E-Collect shall be paid by the property owner. E-Collect shall also be permitted to all reasonable fees and expenses it charges or incurs with regard to the collection of any delinquent account under the MCTLA, including as more fully set forth in the following Fee Schedule, with all fees and expenses being added to the balance owed by the property owner. E-Collect shall also collect the penalties, interest and fees authorized or directed by the City of Chester, as well as reasonable out-of-pocket fees, costs and expenses, such as, but not limited to, postage, title searches, court and sheriff fees, which are in addition to the Fee Schedule, with all penalties, interest, fees, costs and expenses being added to the balance owed by the property owner. Any document sent or mailed by certified mail shall be subject to a minimum charge or fee of $15.
Fee Schedule | |
|---|---|
Prepare and provide notice of delinquency | $20 |
Open file and issue legal demand letter | $150 |
File lien and send second demand letter | $165 |
Prepare and file writ of scire facias | $165 |
Obtain re-issued writ | $30 |
Prepare and mail correspondence per Pa.R.C.P. § 237.1 | $30 |
Prepare motion for alternate service | $165 |
Prepare and file default judgment | $165 |
Prepare and file writ of execution | $700 |
Attendance at sale; review schedule of distribution; resolve distribution issues | $400 |
Petition to assess damages | $45 |
Petition for free and clear sale | $400 |
Continue Sheriff sale | $20 |
Bankruptcy proof of claim | $100 |
Extended Payment Plan | $45 |
Handling fee for returned check | $25 |
Handling fee to issue refund check | $25 |
Services not covered above | At an hourly rate between $60 - $200 per hour |
The proper officials of the City of Chester are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article, and are authorized to direct E-Collect to collect any interest, costs, charges, expenses and/or fees permissible under the MCTLA. Further, the City of Chester is authorized the execute the agreement with E-Collect for the collection of delinquent real estate taxes and municipal claims attached hereto as Exhibit "1," the terms of which are incorporated herein by reference.
If any section, clause, provision or portion of this article shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this article so long as it remains legally enforceable minus the invalid portion. The City of Chester reserves the right to amend this article or any portion thereof from time to time as it deems advisable in the best interest of the promotion of the purposes and intent of this article, and the effective administration thereof.
All ordinances inconsistent with the above provisions are repealed to the extent of their inconsistency.
This article shall become effective immediately upon approval.
This article is enacted by the Council of the City of Chester under the authority of the Act of Legislature, April 13, 1972, Act No. 62, known as the "Home Rule Charter and Option Plans Law,"[1] and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.