[HISTORY: Adopted by the County Council of Allegheny County 11-18-2003
by Ord. No. 57-03. Amendments noted where applicable.]
CHARTER REFERENCES
For additional information regarding County budgeting and finance policies,
see Art. VII.
ADMINISTRATIVE CODE REFERENCES
For additional information regarding property assessments, see Arts.
207, 209 and 210.
For additional information regarding real property taxation, see Art.
809.
This chaptershall be known as the "Tax, Tax Claim and Tax Lien Attorney
Fees and Servicing Charges, Expenses and Fees Ordinance."
A.
Title search. In any enforcement proceeding, the actual
cost of a title search in an amount not to exceed $250 shall constitute a
reasonable expense for each title search necessary for the initiation of each
proceeding and compliance with Pa. R.C.P. 3129. The sum, not to exceed $50,
shall constitute a reasonable expense for each bringdown or update of the
title search in connection with entry of judgment, issuance of execution,
listing for sale, or other action.
B.
Actual out-of-pocket expenses in connection with any
enforcement action, such as for postage, non-Sheriff's service of process,
investigation of the whereabouts of interested parties and other necessary
expenses shall constitute reimbursable expenses as part of each claim recovered.
A.
Flat fee matters. The following schedule of attorney
fees is hereby adopted and approved as reasonable attorney fees pursuant to
Act 1[1] and Act 20[2] for all matters described, which fees shall be awarded to the
municipality, its agents, counsel or assigns in each action initiated pursuant
to the Act[3] for the collection of unpaid claims. The property owner's
obligation to pay the full amount of the flat fee for each phase of each action
shall accrue upon the initiation of any aspect of each phase. The full amount
of each flat fee for each prior phase of the proceeding shall carry over and
be due on a cumulative basis together with the flat fee for each subsequent
phase.
(1)
Preparation and service of writ of scire facias. The
sum of $450 shall constitute reasonable attorney fees for the initiation of
each proceeding and shall include preparation and filing of the praecipe for
writ of scire facias, Sheriff's direction for service, notice pursuant
to Pa.R.C.P. § 237.1 and the preparation and filing of the praecipe
to settle and discontinue the proceeding. The above does not include:
(a)
Federal tax liens, judgments and mortgages. Where there
are federal tax liens, federal judgments, federal mortgages or other record
federal interests, the sum of $200 shall constitute reasonable attorney fees
for all matters necessary to properly notify and serve the United States with
all required additional notice and the presentation of related motions to
court.
(b)
Alternative service of legal pleadings. In the event
that a special order of court is necessary to serve original process or any
other pleading, notice, court order or other document, the following amounts
shall constitute reasonable attorney fees as follows:
(2)
Entry of judgment. The sum of $225 shall constitute reasonable
attorney fees in connection with entry of judgment which shall include preparation
and filing of the praecipe to enter judgment, notices of judgment, affidavit
of non-military status, and the praecipe to satisfy judgment.
(3)
Writ of execution - sheriff's sale of property.
The sum of $700 shall constitute reasonable attorney fees for preparation
of all documents necessary for each execution upon any judgment pursuant to
the Act. This sum shall include the preparation and filing of the praecipe
for writ of execution, all Sheriff's documents, preparation and service
of notices of sheriff's sale, staying the writ of execution, and attendance
at one Sheriff's sale.
(a)
Postponements. The sum of $100 shall constitute reasonable
attorney fees for each continuance of Sheriff's sale at the request of
the defendant.
(4)
Sale pursuant to § 31 of the Act, 53 P.S. § 7281.
The sum of $7000 shall constitute reasonable attorney fees for the sale of
property pursuant to § 31 of the Act, 53 P.S. § 7281,
including preparation and service of necessary documents, court appearances,
attendance at sale and preparation of proposed schedule of distribution of
the proceeds realized from such sale.
(5)
Sale pursuant to § 31.1 of the Act, 53 P.S.
§ 7282. The sum of $500 shall constitute reasonable attorney fees
for a sale of property pursuant to § 31.1 of the Act, 53 P.S. § 7282,
including the preparation of necessary documents, service, court appearances,
and the preparation of proposed Sheriff's schedule of distribution.
(6)
Installment payment agreement. The sum of $150 shall
constitute reasonable attorney fees for the preparation of each written installment
payment agreement.
(7)
Motions. The sum of $200 shall constitute reasonable
attorney fees for the preparation, filing, and presentation of motions, other
than for alternative service, which shall include, but are not limited to,
motions to reassess damages, motions to amend caption, and motions to continue
the Sheriff's sale.
[1]
Editor's Note: "Act 1" refers to Act 1 of 1996, which amended
the Municipal Claim and Tax Lien Law, 53 P.S. § 7101 et seq.
[2]
Editor's Note: "Act 20" refers to Act 20 of 2003, which amended
the Municipal Claim and Tax Lien Law, 53 P.S. § 7101 et seq.
[3]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
Hourly rate matters.
(1)
The following schedule of attorney fees is hereby adopted and approved as reasonable attorney fees pursuant to Act 1 and Act 20, which fees shall be awarded to the municipality, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in Subsection A above, undertaken in connection with the collection of claims:
(2)
Each of the above is as recorded and charged in units
of 1/10th of an hour for all time devoted to enforcement and collection of
the municipality's claims. Counsel, whether duly employed or duly appointed
by the municipality, its agents or assigns, shall not deviate from this fee
schedule absent a subsequent ordinance amending the same. Hourly rate matters
include, but are not limited to, any matters where any defense, objection,
motion, petition or appearance is entered in any phase of any proceeding by
or on behalf of any defendant or other interested party.
A.
Required notice. The notice required by the Act, as amended,
53 P.S. § 7106, shall be provided in accordance therewith and shall
be incorporated into an appropriate delinquency notice or notices sent by
the municipality, Treasurer, its agent, counsel or assigns.
B.
Fees to be accrued and claims to be filed. Fees shall
accrue for all efforts in collection after the 30th day after the notice,
or after the 10th day of any required second notice under the Act, as amended,
53 P.S. § 7106, on all accounts referred to counsel for enforcement.
Fees accumulated as a result of enforced collection shall be certified by
duly appointed counsel for the Treasurer authorized to pursue collection of
claims pursuant to the Act, or by counsel for the municipality, Treasurer,
or agents or assigns and, if not collected in due course with the debt as
by voluntary payment, shall be included in any claims filed on behalf of the
municipality, Treasurer, or by its agents or assigns in the course of enforcement,
including any claims originally filed with the prothonotary, any claims filed
with the Sheriff or in any other claims filed or statements provided where
attorney fees are due.
C.
The amount of fees determined as set forth above shall
be added to and become part of the claim or claims in each proceeding as provided
by the Act and as provided herein.
A.
This chaptershall take effect on the date of enactment set forth below and, with respect to attorney fees pursuant to §§ 405-3 and 405-4, shall apply to all taxes, tax claims and tax liens, writs of scire facias, judgments, or executions filed on or after December 19, 1990, or as otherwise provided by law.
B.
In no event shall the Municipality's or Treasurer's right to charge and collect reasonable attorney fees pursuant to § 405-3 of this chapterbe impaired by the fact that any claim may also include an attorney commission of 5% for claims filed prior to December 19, 1990. Any attorney fees assessed and collected under this or any prior ordinances pursuant to Act 1 shall be in addition to any five-percent commission previously included in any claim or judgment thereon.
C.
Attorney fees and expenses incurred in pending enforcement
proceedings prior to the effective date of this article, pursuant to a prior
ordinances adopted under Act 1, but not collected, shall remain due and owing
in accordance therewith, and shall be incorporated in any future statement,
claim, pleading, judgment, or execution. Attorney fees and expenses in any
pending or new action incurred after the effective date of this chaptershall
be incurred, charged, and collected in accordance with the schedules and procedures
set forth in this article.
The municipality and/or Treasurer may assign the provisions of this
chapterto any assignee of its claims unless the assignment limits the assignee's
ability to collect such amounts. The municipality, Treasurer, and its duly
authorized agents and their counsel shall retain all rights to charge reasonable
attorney fees, charges, expenses, and fees in accordance with the provisions
of this chapterin actions commenced under the Act and for servicing any claims
retained by the municipality.
