Township of Upper Hanover, PA
Montgomery County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Hanover 10-14-2003 by Ord. No. 03-10. Amendments noted where applicable.]
The Township hereby approves the Statement of Collection Policies for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act[1] ("accounts"), as presented to this meeting, and which is to be filed with the enacted counterpart of this chapter.
Editor's Note: See 53 P.S. § 7101 et seq.
The Township hereby approves the following schedule of attorney's 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 below, all in accordance with the principles set forth in Section 3(a.1) of the Municipal Claims Law as added by Act No. 1 of 1996 (the "Act"):[1]
Legal Services
Initial review and sending first demand letter
Sending second demand letter
Draft municipal lien
Prepare writ of scire facias
Prepare and mail letter under Pa.R.C.P. § 237.1
Prepare motion for alternate service
Prepare motion for summary judgment and related judgment
Prepare writ of execution
Attendance at sale; review schedule of distribution and resolve distribution issues[2]
$100 per hour
Services not covered above[3]
$100 per hour
Editor's Note: See 53 P.S. § 7106(a.1).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
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 Act No. 1:
At least 30 days prior to assessing or imposing attorney's 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").
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.
All notices required by this chapter 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.
Each notice as described above shall include the following:
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
A statement of the Township's intent to impose or assess attorney's fees within 30 days after the mailing of the first notice or within 10 days after the mailing of the second notice;
The manner in which the assessment or imposition of attorney's fees may be avoided by payment of the account; and
The place of payment for accounts and the name and telephone number of the Township official designated as responsible for collection matters.
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 chapter.
The failure of the Township to enforce any provision of this chapter shall not constitute a waiver by the Township of its rights of future enforcement hereunder.