[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-19-2000 by Ord. No. 00-09]
This article shall be known and may be cited
as the "Birmingham Township Municipal Attorney's Fee Schedule Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board of Supervisors determines this fee
schedule fair and reasonable for the services to be rendered by its
Solicitor or other counsel in the collection of delinquent municipal
claims and accounts and hereby directs that the same be imposed, as
applicable, upon the affected property owners (the "owner') and shall
be imposed and recovered as part of each municipal claim against the
affected real property in proceedings to recover delinquent municipal
claims, together with any additional out-of-pocket costs incurred
by the Township for necessary expenses in connection therewith:
|
Action
|
Legal Fees
|
|---|---|
|
Prepare and file lien
|
$250
|
|
Prepare and file writ of scire facias
|
$250
|
|
Order to satisfy
|
$30
|
|
Reissue writ
|
$30
|
|
Proof of claim
|
$30
|
|
Prepare and mail correspondence per Pa.R.C.P.
§ 237.1
|
$30
|
|
Motion for alternate service
|
$250
|
|
Motion for summary judgment
|
$150
|
|
Prepare and file default judgment
|
$175
|
|
Prepare and file writ of execution for sheriff
sale
|
$800
|
|
Attendance at sale and evaluate schedule of
distribution and resolve issues ancillary to sale
|
$400
|
|
Charge for check which does not clear
|
$30
|
|
Miscellaneous litigation
|
Hourly rate
|
For purposes of this article, the term "municipal
claim" shall mean any claim identified, defined, prescribed or provided
for in the Act.[1]
[1]
Editor's Note: The "Act" refers to the Municipal
Claims and Tax Liens Act.
A.Â
At least 30 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner the notice required by Subsection D.
B.Â
If within 30 days of mailing the notice in accordance with Subsection A, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States first class mail, mail to the owner the notice required by Subsection D.
C.Â
The notice required by this section shall be mailed
to the owner's last known post office address by virtue of the knowledge
and information possessed by the Township and by the county office
responsible for assessments and revisions of taxes. It shall be the
duty of the Township to determine the owner's last post office address
known to said collector and county assessment office.
