[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 4-5-1993 by Ord. No.
1039, approved 4-5-1993. Amendments noted where applicable.]
[Amended 5-3-2004 by Ord.
No. 1178, approved 5-3-2004]
Whenever a copy is made for an individual where said copy is
made for the personal use of said individual, a fee shall be charged
for each copy. Said fee shall be set forth in a fee schedule approved
by resolution of Borough Council and shall be collected by the Borough
Manager or designee and forwarded to the Finance Director.
[1]
Editor's Note: Former § 148-2, Use of Borough dumpster,
was repealed 5-3-2004 by Ord. No. 1178, approved 5-3-2004.
[Amended 5-3-2004 by Ord.
No. 1178, approved 5-3-2004]
Any person, firm or corporation requesting a copy of a Fire
Marshal report shall be charged a fee as set forth in a fee schedule
adopted by resolution of Borough Council.
[Amended 11-7-1994 by Ord. No. 1064, approved 11-7-1994; 5-3-2004 by Ord. No.
1178, approved 5-3-2004]
A.
A nonrefundable fee shall be charged to any person, firm, corporation
or organization reserving a pavilion at Hoffer Park. The fee charged
for use of same shall be set forth in a fee schedule approved by resolution
of the Borough Council.
B.
The following organizations and individuals shall be exempt from
the payment of the fees outlined herein and set forth on the Borough
fee schedule: Middletown Senior Citizen Center, Middletown Chapter
of the American Red Cross, Middletown Fire Companies, Middletown service
clubs, Middletown Area Historical Society, Middletown churches, Middletown
schools, Middletown Boys Club, Middletown Amateur Baseball Association,
Boy Scouts, Girl Scouts, Middletown Borough employees and the Hoffer
Family.
[Amended 5-3-2004 by Ord.
No. 1178, approved 5-3-2004]
The fees charged for copies of Borough Maps shall be set forth
in a fee schedule setting fees and charges as approved by resolution
of Borough Council.
[Amended 5-3-2004 by Ord.
No. 1178, approved 5-3-2004]
Any person, firm, corporation or organization requesting a copy
of the Borough Zoning Ordinance shall be charged a fee as set forth
in a fee schedule established by resolution of Borough Council.
[Added 8-4-2003 by Ord.
No. 1160, approved 8-4-2003]
Any person or entity requesting certification of real estate
taxes paid shall be charged a fee of $5 for each copy of said certification,
payable to the Tax Collector of the Borough of Middletown.
[Added 7-8-2008 by Ord.
No. 1237, approved 7-8-2008]
A.
Legislative intent. By Act 1 of 1996, the General Assembly amended
the Municipal Claim and Tax Lien Law of May 16, 1923, P.L. 207, as
amended and supplemented, 53 P.S. §§ 7101 through 7505,
to specifically authorize inclusion of attorney fees incurred in the
collection of delinquent accounts as part of a municipal lien. Act
1 requires that municipalities by ordinance adopt a schedule of attorney
fees. Act 1 further requires that, prior to imposing attorney fees,
the municipality must notify, by certified mail, the owner of the
property with the delinquent account of the municipality's intent
to recover these fees and the manner by which assessment of the fees
may be avoided by payment of the delinquent account. It is the intention
of the Borough Council in enacting this section to comply with the
requirements of Act 1 of 1996.
B.
BOROUGH
BOROUGH SOLICITOR
DELINQUENT ACCOUNT
HOURLY RATE
Definitions. Unless otherwise stated, the following words shall,
for the purpose of this section, have the meanings herein indicated:
The Borough of Middletown, Dauphin County, Pennsylvania.
The persons or law firm appointed by the Borough Council
to serve as legal counsel to the Borough.
Any sums due and owing to the Borough which have not been
paid within the time required by the Borough's ordinances, resolutions,
rules, regulations or policies, including, but not limited to, charges
for trash collection, sewer service, water service, electric service,
removal or abatement of nuisances, taxes, municipal improvements,
or any other charge which may lawfully be imposed by the Borough and
for which a municipal claim may be filed.
The hourly fee charged, by the Borough Solicitor to the Borough
consistent with the ordinary and customary charges by the Borough
Solicitor for similar services in the community, but in no event shall
the hourly rate exceed the rate charged by the Borough Solicitor to
the Borough when fees are not reimbursed by or otherwise imposed upon
delinquent customers of the Borough.
C.
Imposition of attorney fees for collection of delinquent accounts.
The Borough Council specifically authorizes the recovery of attorney
fees incurred by the Borough in the collection of delinquent accounts
from the person or persons who are responsible for the payment of
such delinquent accounts. The Borough Council authorizes the Borough
Manager, the Finance Director, or the Assistant Borough Manager to
take all actions required by applicable law to enable the Borough
to recover attorney fees incurred from the persons responsible for
this cost and to include such attorney fees in municipal claims. This
authorization includes, but is not limited to, sending notification
to such persons of the intention of the Borough to impose attorney
fees incurred in collection efforts upon such persons.
D.
Schedule of attorney fees for services related to collection of delinquent
accounts. The Borough shall impose attorney fees upon persons who
have delinquent accounts in accordance with the following schedule:
|
Service
|
Minimum Time
(hours)
|
|---|---|
|
Obtain and review tax account information for property
|
0.4
|
|
Obtain and review deed for property
|
0.2
|
|
Prepare municipal lien
|
0.5
|
|
Prepare civil action cover sheet
|
0.1
|
|
File municipal lien
|
0.4
|
|
Forward copy of municipal lien to Borough
|
0.2
|
|
Prepare civil action complaint before Magisterial District Judge
for collection of account
|
0.7
|
|
Prepare for and attend hearing before Magisterial District Judge
concerning civil action to collect delinquent account
|
2.5
|
|
Prepare and file satisfaction of municipal lien
|
0.2
|
E.
Recovery of additional attorney fees in specific circumstances. The services and minimum times expended by the Borough Solicitor for the services set forth in § 148-8D of this chapter are based upon the experiences of the Borough Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action or should other circumstances occur which will require the Borough Solicitor to perform additional or more time-consuming services than contemplated by § 148-8D, it is the intention of the Borough to recover all of its attorney fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the Borough to impose and collect the fee, rate, charge or other cost, or similar actions.
