1. This Part 7A shall be known as the “Municipal Claim and Tax Collection Resolution.”
2. Hereinafter, for every delinquent claim, charge, tax, assessment, levy or obligation owed to the Borough of East McKeesport, there shall be added to such claim, charge, tax, assessment, levy or obligation such attorney’s fees, charges, and expenses incurred in the collection process subsequent to proper notification to taxpayers of the intent to impose attorney’s fees on delinquent obligations. Such additional charges shall be collected in addition to such interest and penalties as are allowed by law. They shall further be collected in the same manner and with the full authority as other municipal claims of any nature, and shall be deemed to be a municipal claim and collectable and lienable as such.
3. Such fees shall be reasonable and the same are hereby established in a fee rate as attached hereto and made a part hereof as Schedule “1-7A.” Said schedule of fees is hereby deemed to be reasonable, fair and necessary in order to allow the Borough to collect such sums due it. This schedule may be amended by resolution.
4. Any person or entity empowered to collect sums on behalf of the Borough is directed to add such fees as are incurred to the extent allowed and set forth on Schedule “1-7A.” Such sums collected pursuant to this Part 7A shall be in addition to any tax, penalty, interest, costs or fees already part of the delinquent account or assessment.
5. Attorney fees incurred to the extent set forth on Schedule “1-7A” shall be added to all unpaid real estate tax claims of any nature arising or imposed subsequent to the date of adoption of this Part 7A; or, which become delinquent or are re-determined to be delinquent subsequent to this date. Prior to the time when such fees are added to any underlying claim, the tax collector shall first give the taxpayer such notice as required by law. The tax collector or other collector shall so notify the taxpayer by sending such notice to the taxpayer’s last known address by mailing notices in the manner prescribed by the Act of the Pennsylvania General Assembly, known as Act 20 of 2003,
6. Any resolution in conflict with this Part 7A shall be deemed to have been repealed to the extent of the conflict. If any portion of this Part 7A or Schedule is deemed to be illegal or unconstitutional, then it is the intent of Council that it would have enacted the balance of this Part 7A and Schedule irrespective of said invalid portion.
7. This Part 7A shall become effective immediately.
(Res. 03-08, 1/10/2008)
Schedule of Real Estate Tax Claim Recovery Costs
Attorney Fees and Service Charges
1) | Delinquent account servicing fee, including records imaging and detailed recordkeeping, office staffing, computer equipment and software, office space, telephone, printing and imaging equipment, and supplies used to generate delinquent notices and to establish monthly payment plan-10% of tax, penalty and interest due–minimum charge $50 | $50 |
2) | Prepare and mail Thirty-day Delinquent Notice. | $50 |
3) | Prepare District Justice complaint. | $75 |
4) | Preparation of District Justice Hearing | $150 |
5) | Docketed District Justice hearing. | $100 |
6) | Scheduled or posted Constable execution sale. | $350 |
7) | Prepare Arbitration complaint. | $150 |
8) | Prepare General Docket proceeding. | $375 |
9) | Trial, arbitration or mediation. | $350 |
10) | Negotiate and prepare subsequent payment plan agreement. | $75 |
11) | Prepare Writ of Scire Facias Sur tax lien in furtherance of Sheriff Tax Sale. | $600 |
12) | Sheriff Sale Claim Notice | $50 |
13) | Prepare Reissue Writ. | $125 |
14) | Title search for Sheriff sale. | $250 |
15) | Title search bring down | $50 |
16) | Enter default judgment. | $225 |
17) | Issue Writ of Execution in Sheriff Sale. | $700 |
18) | Sheriff Sale/Trial Postponement | $100 |
19) | Scheduled or posted Sheriff sale. | $500 |
20) | Non-litigation legal work. | $80/hr |
21) | Litigation legal work. | $100/hr |
22) | All other clerical work not itemized above. | $50/hr |
23) | Special search for defendant locale | $100 |
24) | Motion for Alternate Service | $200 |