[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Finances — See Ch. 27.
[Adopted 4-7-1999 by Ord.
No. 2600]
A.
The Borough 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 as added by Act No. 1 of 1996
(the "Act"):[1]
|
Legal Services
|
Fee
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$150.00
| |
|
File lien and mailing second demand letter
|
$150.00
| |
|
Prepare writ of scire facias
|
$150.00
| |
|
Obtain reissued writ
|
$25.00
| |
|
Prepare and mail letter under Pa.R.C.P. § 237.1
|
$25.00
| |
|
Prepare motion for alternate service
|
$175.00
| |
|
Prepare motion for summary judgment and related judgement
|
$150.00
| |
|
Prepare writ of execution
|
$750.00
| |
|
Attendance at sale; review schedule of distribution and resolve distribution
issues
|
$400.00
| |
|
Services not covered above
|
An hourly rate ranging from $60 to $225 per hour
|
[1]
Editor's Note: See 53 P.S. § 7106, Subsection (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 Borough's claim in each account.
D.
Administrative fee. Any administrative fee actually incurred
for mailing the notice of delinquency, not to exceed $50, being a cost of
collection under the municipal Claims and Tax Liens Act, shall be assessed
against the property as part of the lien.
[Added 12-15-2004 by Ord. No. 2725;
amended 1-19-2005 by Ord. No. 2734]
E.
Interest. Interest will be assessed upon all delinquent real
estate taxes at a rate of 10% per annum.
[Added 12-15-2004 by Ord. No. 2725;
amended 1-19-2005 by Ord. No. 2734]
The following collection procedures are hereby established in accordance
with Act No. 1:
A.
At least 30 days prior to assessing or imposing attorney
fees in connection with the collection of an account, 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
"account debtor").
B.
If the certified mail notice is undelivered, then, at
least 10 days prior to the assessing or imposing such attorney fees, the Borough
shall mail or cause to be mailed, by first-class mail, a second notice to
such account debtor.
C.
All notices required by this article shall be mailed
to the account debtor's last known post office address as recorded in the
records or other information of the Borough, 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 Borough'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 account; and
(4)
The place of payment for accounts and the name and telephone
number of the Borough representative designated as responsible for collection
matters.
The proper officials of the Borough are hereby authorized and empowered
to take such additional action as they may deem necessary or appropriate to
implement this article.
