Township of Upper Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2003 by Ord. No. 430]
Township hereby approves the statement of collection policies, for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act ("accounts"), as presented to this meeting, and which is to be filed with the enacted counterpart of this article.
A. 
The Township 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"):
Legal Services
Fee for Services
Initial review and sending first demand letter
$60.00
.6
Sending second demand letter
$40.00
.4
Draft municipal lien
$40.00
.4
Prepare writ of scire facias
$40.00
.4
Prepare and mail letter under PA R.C.P. § 237.1
$40.00
.4
Prepare motion for alternate service
$150.00
1.5
Prepare motion for summary judgment and related judgment
$100.00
1.0
Prepare writ of execution
$40.00
.4
Attendance at sale; review schedule of distribution and resolve distribution issues
$100.00 hourly amount equal to Solicitor's regular charges to Township.
Services not covered above
$100.00 hourly amount equal to Solicitor's regular charges to Township.
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 Township'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 Township shall mail or cause to be mailed, by certified mail, return receipt requested, 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 Township 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 Township, 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 Township'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 Township official designated as responsible for collection masters.
The proper officials of the Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.
The provisions of this article are severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Board of Supervisors that this article would still have been adopted if such illegal, invalid or unconstitutional section, sentence, clause part or provision had not been included herein.
All ordinances or parts of ordinances conflicting or inconsistent with the provisions of this article hereby adopted are repealed.
This article shall take effect and be in force from and after its approval, as provided by law.