1. Establishment of fees.
A. The township hereby approves the hourly fee of $95 as fair and reasonable attorneys’ fees for all matters associated with the collection of unpaid municipal charges including, but not necessarily limited to, the review of files, preparation of correspondence, filing of liens and writs, filing of all motions and pleadings associated with any action or appeal filed or litigated in the furtherance of the collection of the municipal charges and all matters associated with the collection of charges, judgments, liens and the like.
B. There shall be added to the above hourly attorneys’ fee the reasonable out-of-pocket expenses of counsel in connection with each of the services as itemized in the applicable counsel bills which shall be deemed to be part of the fees. The amount of fees determined as set forth above shall be added to the township’s claim in each account. It is the intention of the township that the aforesaid attorneys’ fee be imposed for all stages of the collection matter including, but not limited to, the imposition of liens, the collection of claims or liens, and any applicable appeals.
C. At all stages of the matter, the township’s counsel is hereby authorized to calculate the fees and charges above described and to include the same as part of the collection of the claim or lien.
D. The attorneys’ fees for the tasks set forth in division 3. below will in most instances be the corresponding fee also set forth in division 3. below. In cases involving unusual complexity, the fee may exceed the charges set forth in division 3. below, and the said fee will be based upon the hourly rate set forth above.
2. Collection procedures.
A. At least 30 days prior to assessing or imposing attorneys’ fees in connection with the collection of an account, the township 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 (“ACCOUNT DEBTOR”).
B. If within 30 days after mailing the notice, in accordance with division A. above, the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least ten days prior to the assessing or imposing of such attorneys’ 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 Section 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 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 attorneys’ fees within 30 days after the mailing of the first notice or within ten days after the mailing of the second notice;
(3) The manner in which the assessment or imposition of attorneys’ fees may be avoided by payment of the account;
(4) The place of payment for accounts and the name and telephone of the township official designated as responsible for collection matters; and
(5) Notice to the account debtor of the manner in which dispute of the amount owed may be raised.
3. Fee schedule.
A. Review of courthouse records regarding ownership: $120;
B. Review of account debtor’s file, calculate charges, prepare collection letter: $80;
C. Review of procedure, calculate interest, prepare municipal lien, update courthouse records, file proof of service; prepare praecipe for writ of scire facias, attend to filing and service: $425;
D. Motion for judgment and writ of execution, examine courthouse records regarding lien and ownership of property, complete execution process papers, attending to filing and serve, attend sale, review schedule of distribution and resolve distribution issues: $1,250;
E. Water shut-off for non-payment of sewage fees (no tenant): $300;
F. Water shut-off for non-payment of sewage fees (tenant): $600;
G. Preparation of payment agreement: $80;
H. Hourly rate for other legal work necessarily performed relative to the collection of a delinquent account: $95; and
I. In addition to the above attorneys’ fees, the customer shall also be responsible for the payment of all court filing fees, and other reasonable costs, necessarily incurred as a part of the collections process for the delinquent account.
(Res. 2011-16, passed 5-23-2011; Res. 2014-24, passed 12-8-2014)