[HISTORY: Adopted by the Board of Supervisors of the Township
of West Lampeter 1-14-2008 by Ord. No. 205. Amendments noted where
applicable.]
GENERAL REFERENCES
Taxation — See Ch. 246.
By Act 1 of 1996, the General Assembly amended the Municipal
Claims and Tax Lien Act of May 16, 1923, P.L. 207, as amended and
supplemented, 53 P.S. §§ 7101 through 7505, to specifically
authorize inclusion of attorneys' 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 attorneys'
fees. Act 1 further requires that, prior to imposing attorneys'
fees, the municipality must notify the owner of the property with
the delinquent account by certified mail 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 Board of Supervisors in enacting this chapter
to comply with the requirements of Act 1 of 1996.
Unless otherwise stated, the following words shall, for the
purpose of this chapter, have the meanings herein indicated:
Any sums due and owing to the Township which have not been
paid within the time required by the Township's ordinances, resolutions,
rules, regulations or policies including, but not limited to, charges
for trash collection, sewer service, water service, removal or abatement
of nuisances, taxes, municipal improvements, or any other charge which
may lawfully be imposed by the Township and for which a municipal
claim may be filed.
The hourly fee charge by the Township Solicitor to the Township
consistent with the ordinary and customary charges by the Township
Solicitor for similar services in the community, but in no event shall
the hourly rate exceed the rate charged by the Township Solicitor
to the Township when fees are not reimbursed by or otherwise imposed
upon delinquent customers of the Township.
The Township of West Lampeter, Lancaster County, Pennsylvania.
The person or law firm appointed by the Board of Supervisors
to serve as legal counsel to the Township in accordance with Section
1101 of the Second Class Township Code.
The Board of Supervisors specifically authorizes the recovery
of attorneys' fees incurred by the Township in the collection
of delinquent accounts from the person or persons who are responsible
for the payment of such delinquent accounts. The Board of Supervisors
authorizes the Township Manager, the Township Secretary or the Assistant
Township Secretary to take all actions required by applicable law
to enable the Township to recover attorneys' fees incurred from
the persons responsible for this cost and to include such attorneys'
fees in municipal claims. This authorization includes, but is not
limited to, sending notification to such persons of the intention
of the Township to impose attorneys' fees incurred in collection
efforts upon such persons.
The Township shall impose attorneys' fees upon persons
who have delinquent accounts in accordance with the following schedule
of the minimum time required by the Township Solicitor for the listed
service times the hourly rate of the Township Solicitor in effect
at the time the Township Solicitor performed the service on behalf
of the Township:
|
Service
|
Minimum Time
(tenths of hours)
|
|---|---|
|
Prepare collection warning letter, including review of Township
information
|
0.4
|
|
Obtain and review tax account information for property
|
0.2
|
|
Obtain and review deed for property
|
0.2
|
|
Prepare certification of amount owing to Township
|
0.3
|
|
and transmit certification to Township
|
0.5
|
|
Prepare municipal lien
|
0.5
|
|
Prepare civil action cover sheet
|
0.1
|
|
File municipal lien
|
0.2
|
|
Forward copy of municipal lien to Township
|
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 account2.5
|
2.5
|
|
Prepare and file satisfaction of municipal lien
|
0.2
|
The services and minimum times expended by the Township Solicitor for the services set forth in § 95-4 of this chapter are based upon the experiences of the Township 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 Township Solicitor to perform additional or more time-consuming services than contemplated by § 95-4, it is the intention of the Township to recover all of its attorneys' fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the Township to impose and collect the fee, rate, charge or other cost or similar actions.
