[Ord. 2071, 12/29/2009]
Except as herein otherwise provided and in addition to any penalty
that may be suffered by reason of a violation of this Part, or of
the rules and regulations as promulgated and made effective by the
Borough Manager and approved by resolution of the Borough, any person
(owner, landlord, resident, tenant, occupant or agent) who shall violate
or fail to comply with any of the provisions of this Part, its supplements
or amendments shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 nor more than $600 plus costs of prosecution
for each and every offense, provided that each day that any violation
shall continue shall constitute a separate offense.
[Ord. 2071, 12/29/2009]
In the case of neglect or refusal of any owner or occupant to comply with the provisions of this Part or Chapter 5, the violation may be corrected by any officer, employee or agent of the Borough designated for such purpose, and the cost of such removal, with an additional penalty of 10% as provided by law in the case of nuisances, shall be collected in the manner provided by law for the collection of municipal claims, either by the filing of a lien, civil action or any other authorized manner. Notice of the violation and the Borough's intent to cure the violation shall be posted upon the offending premises at least 24 hours prior to any Borough remediatory action. However, said notice of violation and intent to cure shall not be required where the subject property has received two prior notices within any twelve-month period.
[Ord. 2071, 12/29/2009]
1.
Imposition of Service Charge.
[Amended by Ord. 2073, 4/12/2010, § 5]
A.
A service charge for the collection and disposal of municipal waste
for each residential dwelling unit and recycling collection for each
residential dwelling unit is hereby set in the Fee Resolution.[1] In addition, an additional fee or charge shall be imposed
to each residential dwelling unit on each occasion that it is in violation
of the following conditions:
(1)
Allowing municipal waste to be stored improperly or too much
municipal waste placed out for collection. This would be municipal
waste not being properly stored in containers, exceeding the amount
of municipal waste that can be placed out for collection. The present
limitation is four collection containers or four garbage bags for
collection.
(2)
Using the recycling container for the storage or disposal of
municipal waste. Municipal waste shall include all items that are
not approved as a recycling material.
[1]
Editor's Note: See the Fee Schedule at the front of this volume.
B.
Said service charge or fee shall be imposed on the property owner
of record of any residential building containing six or less residential
dwelling units, mixed-use property, and/or church. Each residential
dwelling unit, each church, and each unit of a mixed use property
shall be charged and billed for one unit. Any future change in the
service fee or charge for the collection and disposal of garbage,
rubbish and refuse for each residential unit and the other units described
above shall be established from time to time by resolution of Borough
Council.
2.
The service charge for the collection and disposal of garbage, rubbish
and refuse and the recyclable collection shall not apply to commercial
properties, industrial properties and apartment buildings containing
seven or more units.
3.
All bills for the collection of this service charge or fee shall
be forwarded to the affected property owners at such time and such
manner as may be directed by the Borough Manager.
4.
The face amount of the bill shall be due and payable 30 days from
the date of the bill. All bills shall be payable to the Borough of
Pottstown. If the bill is not paid within 30 days after the date of
the bill, a ten-percent penalty shall be added thereto; if the installment,
plus penalty, is not paid within 60 days after the date of the bill,
the aggregate amount thereof shall bear interest from the penalty
date at a rate of 9% per annum, or the maximum rate permitted by law.
Any unpaid bill (together with penalties and interest thereon, to
the extent permitted by law) and all delinquent costs shall be a lien
on the property served, which may be collected by action in assumpsit,
by distress and/or by lien filed in the nature of a municipal claim
and/or by termination of services as and to the extent provided by
law. In addition, any costs and/or reasonable attorney's fees incurred
by the Borough shall be added to the unpaid refuse bill along with
penalties and interest as set forth above, and the aggregate of the
same shall be entered as a lien on the property served and collected
in the manner provided by the Municipal Claims Act, 53 P.S. § 7101
et seq. The Borough hereby adopts the following fee schedule to be
paid to legal counsel for representation in proceedings to recover
any delinquent municipal claim. The Borough approves these fees, finds
them fair and reasonable for the services to be rendered, and shall
impose them upon the property owner in proceedings to recover delinquent
municipal claims, together with any additional out-of-pocket costs
for necessary expenses.
A.
Administrative Charge. Any administrative fee incurred for mailing
the notice of delinquency, not to exceed $50, being a cost of collection
under the Municipal Claims and Tax Liens Act, shall be assessed.
B.
Interest. Interest will be assessed upon all delinquent municipal
claims and taxes at a rate of 10% per annum.
C.
Legal Services.
|
Legal Services
|
Fee For Services
|
|---|---|
|
Initial review and sending first demand letter
|
$160
|
|
File lien and mail second demand letter
|
$175
|
|
Prepare Writ of Scire Facias
|
$175
|
|
Obtain re-issued writ
|
$30
|
|
Prepare and mail letter under Pa.R.C.P. § 237.1
|
$30
|
|
Preparation motion for alternate service
|
$175
|
|
Prepare default judgment
|
$175
|
|
Prepare Writ of Execution
|
$800
|
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
|
|
Continue sheriff sale
|
$50
|
|
Petition to assess damages
|
$50
|
|
Petition or free and clear sale
|
$400
|
|
Prepare bankruptcy proof of claim
|
$100
|
|
Handling fee for returned check
|
$30
|
|
Handling fee to issue a refund check
|
$20
|
|
Bookkeeping fee for payment plan of more than three payments
|
$50
|
|
Services not covered above
|
At an hourly rate between $60 - $225
|
D.
The amount of fees determined as set forth above are fair and reasonable
for the services to be provided and shall be added to the Borough
of Pottstown's claim in each account.
E.
There shall be added to the above amounts the reasonable out-of-pocket
charges, costs, expenses, commissions and fees such as but not limited
to, postage, title searches, prothonotary fees and sheriff fees.
F.
The amount of charges, expenses, commissions and fees determined
as set forth above shall be added to the Borough of Pottstown's claim
in each account.
