Township of South Whitehall, PA Chapter 228 Municipal Claims

[HISTORY: Adopted by the Board of Commissioners of the Township of South Whitehall as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Boards, commissions, councils and departments — See Ch. 17.

Officers and employees — See Ch. 50.

Records — See Ch. 67.

Article I Information Procedure

[Adopted 3-8-1967 by Ord. No. 59]

§ 228-1 Definitions.

For the purpose of this article, the following terms shall have the meanings respectively ascribed to them in this article except in those instances where the context clearly indicates a different meaning:

MUNICIPAL CLAIM

Any claim which the Township of South Whitehall or the Township of South Whitehall Authority may have against properties for municipal improvements or municipal services rendered thereto.

MUNICIPAL IMPROVEMENT

Any work performed by the Township of South Whitehall or the Township of South Whitehall Authority for which the Township or the Authority can assess the cost of construction upon the properties accommodated or benefitted thereby.

§ 228-2 Information request.

All requests for information relating to the existence of municipal improvements or claims of the Township of South Whitehall or the Township of South Whitehall Authority shall be made in writing to the Manager of the Township of South Whitehall and shall contain the following information:

A. The address of the premises.

B. The present owner.

C. Deed Book volume and page.

§ 228-3 Fee. [1]

A fee in an amount established from time to time by resolution of the Township Commissioners shall accompany all requests for information relating to municipal improvements or claims.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 228-4 Authorized officer.

The following officer shall be the only officer of the Township of South Whitehall who is authorized to provide a certificate relating to the contents of the Township records relative to municipal improvements and claims:

A. The Manager of the Township of South Whitehall.

Article II Attorney Fees

[Adopted 3-7-2012 by Ord. No. 946[1]]

[1] Editor’s Note: This ordinance also provided for the repeal of former Art. II, Attorney Fees, adopted 2-19-1997 by Ord. No. 652, as amended.

§ 228-5 Compliance with Municipal Claim and Tax Lien Law.

In any situation in which South Whitehall Township ("Township") seeks to assess or impose attorneys' fees in connection with the collection of a delinquent account and the filing and prosecution of a municipal claim and lien, the Township shall first comply with the procedures set forth in Section 3(a)(2) of the Municipal Claim and Tax Lien Law, 53 Pa.C.S.A. § 7106(a)(2).

§ 228-6 Authorization; fees exclusive of other costs and expenses.

The Township Solicitor is hereby authorized and directed to include a claim for attorneys' fees in all municipal claims and liens filed on behalf of the Township under the Municipal Claim and Tax Lien Law. The attorneys' fees set forth in this article are exclusive of and independent from all costs and expenses in connection with filing, prosecuting, and executing municipal claims and liens.

§ 228-7 Fee schedule.

[Amended 5-1-2013 by Ord. No. 971]

The official Township Fee Schedule, as it relates to Section 3(a)(1) of the Municipal Claim and Tax Lien Law, shall be as adopted by resolution of the Board of Commissioners from time to time. Such resolution shall address the fixed fee per filing, the hourly rate for attorney time expended and the hourly rate for paralegal time expended for work regarding the collection or settlement of a filed claim after the filing of the municipal claim or lien, including without limitation in connection with the prosecuting a municipal claim to final judgment, in connection with the execution upon a judgment, in connection with lien satisfaction, or otherwise.