[Adopted 7-8-1997 by Ord. No. 11-1997]
[Amended 4-26-2005 by Ord. No. 15-2005]
A. 
The City 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 article.[2]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[2]
Editor's Note: Said Statement of Collection Policies is on file in the City offices and may be examined there during regular office hours.
B. 
Definitions. For purposes of this chapter, the words set forth below shall have the meaning set forth thereafter.
HIGHWAY
The whole or any part of any public street, public road, public lane, public alley, or other public highway.
MUNICIPAL CLAIM
Unless specifically indicated otherwise, shall mean and include: 1) the claim arising out of or resulting from a tax assessed, service supplied, work done, or improvement authorized and undertaken by a municipality, although the amount thereof be not at the time definitely ascertained by the authority authorized to determine the same, and a lien therefor be not filed, but becomes filable within the period and in the manner provided by the Municipal Claims Act; 2) the claim filed to recover for the grading, guttering, macadamizing or otherwise improving the cartways of any public highway; for grading, curbing, recurbing, paving, repaving, constructing or repairing the footways thereof; for laying water pipes, gas pipes, culverts, sewers, branch sewers, or sewer connections therein; for assessments for benefits in the opening, widening or vacation thereof; or in the changing of watercourses or the construction of sewers through private lands; or in the acquisition of sewers and drains constructed and owned by individuals or corporations and of rights in and to use the same; for the removal of nuisances; or for water rates, lighting rates, or sewer rates; and 3) the claim filed to recover for work, material, and services rendered or furnished in the construction, improvement, maintenance, and operation of a project or projects by the City. A municipal claim shall be together with and shall include all administrative fees, penalties, interest, costs, fines, charges, expenses and fees, including reasonable attorney’s fees, as allowed by this Act and all other applicable laws.
OWNER
The person or persons in whose name the property is registered, if registered according to law, and, in all other cases, means any person or persons in open, peaceable and notorious possession of the property, as apparent owner or owners thereof, if any, or the reputed owner or owners thereof in the neighborhood of such property.
PROPERTY
The real estate subject to the lien and against which the claim is filed as a lien.
TAX CLAIM
The claim filed to recover taxes.
TAXES
Any tax imposed by the City, together with and including all penalties, interest, costs, charges, expenses and fees, including reasonable attorney’s fees, prescribed by this article.
A. 
The City hereby approves the following schedule of attorney 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[1] as added by Act No. 1 of 1996 (the "Act"):
[Amended 7-26-2005 by Ord. No. 15-2005]
Legal Service
Fee
Initial review, preparing and sending first demand letter
$150
Preparing and mailing second demand letter
$75
Prepare and file lien
$125
Prepare a writ of scire facias
$250
Obtain reissued writ
$125
Prepare and mail letter under Pennsylvania Rules of Civil Procedure under § 237.1
$125
Prepare motion for alternate service
$250
Prepare a motion for summary judgment and related judgment
$300
Prepare writ of execution
$125
Attendance at sale; review schedule of distribution and resolve distribution issues
$375
Services not covered above
Hourly amount equal to Solicitor's regular charges to the City
Attorney’s fees listed above do not include filing fees, court costs or any other costs.
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
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 City's claim and each account.
[Amended 7-26-2005 by Ord. No. 15-2005]
The following collection procedures are hereby established in accordance with Act No. 1:[1]
A. 
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of a municipal claim, the City shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the owner liable for the municipal claim.
B. 
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to the owner is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing of such attorney fees, the City shall mail or cause to be mailed, by first class mail, a second notice to such owner.
C. 
All notices required by this article shall be mailed to the owner's last known post office address, as recorded in the records or other information of the City, 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 tax or other charge, the date it became due and the amount owed, including penalty and interest;
(2) 
A statement of the City's intent to impose or assess attorney 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 attorney fees may be avoided by payment of the municipal claim; and
(4) 
The place of payment for municipal claims and the name and telephone number of the City official designated as responsible for collection matters.
[1]
Editor's Note: See 53 P.S. § 7106(a.3).
The proper officials of the City are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.