[HISTORY: Adopted by the Borough Council of the Borough of
Kane as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 205.
[Adopted 7-2-2012 by Ord. No. A-1011]
The Borough designates Pennsylvania Municipal Service Company
as its exclusive agent for purposes of collecting delinquent sewage
fees as well as any and all penalties, interest and costs assessed
and levied pursuant to all resolutions and/or ordinances respecting
said taxes, during the period of this agreement.
The Borough hereby designates and authorizes Pennsylvania Municipal
Service Company by and through its legal counsel to lien properties
and to appear before any District Justice or any other appropriate
court on behalf of the Borough in those cases in which Pennsylvania
Municipal Service Company determines legal action would be appropriate
means of collecting the delinquent sewage fees and any penalties,
interest, costs and reasonable costs due and owing.
Because Pennsylvania Legislature adopted Act 1of 1996 and Act
20 of 2003 (hereinafter "Act 1" and "Act 20") to allow a municipality
to approve reasonable costs, charges and expenses ("reasonable costs")
which may be imposed on the delinquent ratepayer, collected and retained
by the delinquent fee collector; and, the Borough desires to exercise
all of its legal authority in accordance with the legislative pronouncements
set forth in Act 1 of 1996 and Act 20 to encourage the collection
of delinquent fees and to eliminate the expense associated with such
collections by imposing the reasonable costs on the delinquent ratepayer;
the Borough and Pennsylvania Municipal Service Company agree as follows:
A.
The Borough designates Pennsylvania Municipal Service Company as
its exclusive agent for purposes of collecting delinquent sewage fees,
including all penalties, interest, costs, reasonable costs, attorney
fees, liening fees, etc., assessed and levied pursuant to the Borough's
resolutions and/or ordinances.
B.
The Borough set forth approves the following reasonable costs to
be paid to Pennsylvania Municipal Service Company by the delinquent
ratepayer:
(1)
A sum of 10% of gross collections of all delinquent sewage fees plus
delinquent costs, charges and expenses prior to the initiation of
enforced collection proceedings before the District Judge or other
court and the amount of 20% of gross collections plus delinquent costs,
charges and expenses on or after the initiation of enforced collection
proceedings before the District Justice or any other court. Said amount
shall be deemed compensation and reasonable costs for services rendered
by Pennsylvania Municipal Service Company in the collection of delinquent
sewage fees.
(2)
For purposes of this provision, the term "gross collections" shall
mean the original tax plus applicable penalties and interest.
(3)
In addition to the amounts set forth in Subsection B(1) and (2), any attorneys' fees, posting fees, notice fees and liening fees related to collection of delinquent fees, interest, penalty or other charges shall be paid by the delinquent ratepayer as part of the reasonable costs to be paid to Pennsylvania Municipal Service Company by the delinquent ratepayer. A schedule of said charges, costs and expenses is set forth as Appendix A to this chapter.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(4)
Such reasonable costs, together with and including costs, reimbursement
for postage and other out-of-pocket expenses, shall be collected directly
from the delinquent ratepayers in accordance with Act 1of 1996 and
Act 20 of 2003 and all other applicable laws.
