[Adopted 7-8-1997 by Ord. No. 11-1997]
[Amended 4-26-2005 by Ord. No. 15-2005]
A.
B.
HIGHWAY
MUNICIPAL CLAIM
OWNER
PROPERTY
TAX CLAIM
TAXES
Definitions. For purposes of this chapter, the words
set forth below shall have the meaning set forth thereafter.
The whole or any part of any public street, public road,
public lane, public alley, or other public highway.
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.
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.
The real estate subject to the lien and against which the
claim is filed as a lien.
The claim filed to recover 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.
