[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg
5-28-1997 by Ord. No. 2553. Amendments noted where applicable.]
A.
Fees enumerated.
(1)
The borough hereby approves the statement of collection
policies for delinquent unpaid taxes, user charges and other items covered
by the Municipal Claim Law ("accounts")[1], as presented to this meeting, and which is to be filed with the
enacted counterpart of this chapter.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
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 § 3(a.1) of the Municipal Claim Law as added by Act No. 1 of
1996 (the "Act"):
|
Legal Service
|
Fee for Service
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$85.00
| |
|
Prepare municipal claim
|
$127.50
| |
|
Prepare praecipe for writ of scire facias
|
$170.00
| |
|
Obtain reissued writ
|
$51.00
| |
|
Prepare ten-day notice
|
$42.50
| |
|
Prepare praecipe for default judgment
|
$51.00
| |
|
Prepare and present motion for summary judgment on writ of scire facias
|
$255.00
| |
|
Prepare writ of execution
|
$51.00
| |
|
Prepare affidavit under Pa. R.C.P. 237.1 and other attachments to writ
of execution
|
$212.50
| |
|
Send notice of sale to lienholders
|
$85.00
| |
|
Prepare affidavit of service of lienholders
|
$51.00
| |
|
Attendance at sale, review schedule of distribution and resolve distribution
issues
|
$255.00
| |
|
Prepare statement of value to record deed
|
$59.50
| |
|
Prepare and present motion for alternate service
|
$170.00
| |
|
Prepare complaint for in personam action
|
$127.50
| |
|
Prepare and present consented judgment order
|
$170.00
| |
|
Attend hearing for in personam action
|
$255.00
| |
|
Services not covered above
|
$85.00 per hour
|
B.
In addition, certain accounts will be designated for
collection by the Solicitor who shall charge, in return for such services,
a fee which shall be a percentage of the amount collected. The percentage
will be determined as follows:
|
Legal Service
|
Fee for Service
| |
|
Initial review; sending demand letter; preparing installment payment
agreement
|
3% of amount owed
| |
|
Preparing complaint and any services thereafter necessary in the collection
of that account
|
15% of amount owed
|
C.
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.
D.
The amount of fees determined as set forth above shall
be added to the borough's claim in each account.
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 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 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 chapter 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.
(4)
The place of payment for accounts and the name and telephone
number of the borough official 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 chapter.
