To ensure compliance with the notice requirements of the 1996 amendment of the Municipal Claims Act, the Borough Secretary is directed to comply with the following notice procedures before assessing attorney fees in connection with the collection of any delinquent account.
(A) Except in the case of an emergency, prior to referring any delinquent municipal claim to the Solicitor for action, the Borough Secretary shall do the following:
(1) At least 30 calendar days prior to assessing or imposing attorney fees in connection with the collection of a delinquent municipal claim, the Borough Secretary shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner of the property subject to the claim the notice prescribed by division (A)(4) below;
(2) If, within 30 calendar days of mailing the notice in accordance with division (A)(1) above, the certified mail is refused or unclaimed or the return receipt is not received, then at least ten calendar days prior to assessing or imposing attorney fees in connection with the collection of a delinquent municipal claim, the Borough Secretary shall, by United States first-class mail, mail to the owner the notice prescribed by division(A)(4) below;
(3) The notice required by divisions (A)(1) and/or (A)(2) above shall be mailed to the owner’s last known post office address by virtue of the knowledge and information possessed by the borough and by the County Assessment Office. It shall be the duty of the Borough Secretary to determine the owner’s last post office address known to the borough and the County Assessment Office; and
(4) The notice to the owner sent pursuant to divisions (A)(1) or (A)(2) above shall include the following:
(a) A statement of the borough’s intent to impose or assess attorney fees within 30 calendar days of mailing the notice pursuant to division (A)(1) above or within ten calendar days of the mailing of the notice pursuant to division (A)(2) above; and
(b) The manner in which the imposition or assessment of attorney fees may be avoided by payments of the delinquent municipal claim.
(B) Form notices shall be prepared by the Borough Secretary in consultation with the Solicitor.
(Prior Code, Ch. 1, Pt. 10, § 1003) (Ord. 2-2001, passed 7-2-2001)