(A) The township hereby approves the statement of collection procedures for delinquent unpaid assessments, user fees, municipal claims and other charges which are covered by the Municipal Claims and Tax Lien Act (“accounts”) as hereinafter set forth.
(B) (1) The township hereby establishes 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:
Legal Services | Fee for Services |
Legal Services | Fee for Services |
File lien and mailing demand letter | $50 |
Initial review and sending first notice/demand letter | $25 |
Prepare and mail letter under Pa.R.C.P. § 237.1 | $20 |
Prepare motion for alternative service | $150 |
Prepare writ of scire facias | $125 |
Re-issue writ | $50 |
Second notice/demand letter | $15 |
Services not covered by above, including but not limited to, drafting motion for summary judgment and related judgment; preparing writ of execution; attendance at sale; reviewing schedule of distribution and resolution of distribution issues | An hourly amount equivalent to the Solicitor’s regular charges to the township |
(2) 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.
(3) The amount of the fees determined as set forth above shall be added to the township’s claim in each account.
(C) The following collection procedures are hereby established.
(1) At least 30 days prior to assessing or imposing 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”).
(2) If within 30 days after mailing the notice in accordance with division (C)(1) above, the certified mail to any account debtor is refused or unclaimed and the return receipt is not received, then at least ten days prior to the assessing or imposing of such attorney fees, the township shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
(3) All notices required by this ordinance 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 Assessments.
(4) Each notice described above shall include the following:
(a) The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
(b) 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 ten days after the mailing of the second notice;
(c) The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
(d) The place of payment for accounts and the name and telephone number of the township official designated as responsible for collection matters.
(D) The proper officials of the township are hereby authorized and empowered to take additional action as they may deem necessary and appropriate to implement the terms of this section.
(Ord. 75, passed 3-5-1998)