[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-10-1978 by Ord. No. 78-1 (Ch. 1, Part 8B, of the
1986 Code)]
[Amended 12-28-1979 by Ord. No. 79-5; 12-28-1981 by Res. No. 81-30; 11-15-1983 by Ord. No. 83-6]
On and after December 29, 1981, the interest rate which shall
be charged and collected on a tax claim which is filed by the Borough
of Lewistown as a tax lien to recover unpaid taxes of the Borough,
or a municipal claim which is filed by the Borough of Lewistown as
a municipal lien to recover unpaid refuse collection bills or fees,
sewer rent bills or strength of waste surcharge bills or tappage permit
fees due the Borough, shall be 10% per year, computed from the date
on which the claim is filed as a lien.
[Added 12-28-1981 by Res. No. 81-30]
On and after December 29, 1981, the interest rate which shall
be charged and collected on a municipal claim which is filed by the
Borough of Lewistown as a municipal lien to recover unpaid amounts
or assessments due the Borough for work done, improvements made, services
rendered, benefits conferred or acquisitions made in connection with
a municipal project which required the Borough of Lewistown to issue
notes, bonds or other evidences of indebtedness to finance the project,
shall be 12% per year or the rate of interest on the indebtedness
of the Borough, whichever is less, computed from the date on which
the work or the improvement was completed, the service was rendered,
the benefit was conferred or the acquisition was made, as the case
may be. In no event, however, shall the interest rate be less than
the legal rate of interest of 6% per year.
[Added 12-28-1981 by Res. No. 81-30]
On and after December 29, 1981, the interest rate which shall be charged and collected on a municipal claim which is filed by the Borough of Lewistown as a municipal lien to recover unpaid amounts or assessments due the Borough for work done, improvements made, services rendered, benefits conferred, acquisitions made or nuisances removed and which is not within the scope of the types of municipal claims described in § 156-1 or 156-2, shall be 10% per year, computed from the date on which the work or the improvement was completed, the service was rendered, the benefit was conferred, the acquisition was made or the nuisance was removed, as the case may be.
[Adopted 3-11-2013 by Ord. No. 2013-1]
Any property owner in the Borough of Lewistown who has not promptly
paid any municipal charge owing to the Borough of Lewistown, for which
the property becomes charged or assessed pursuant to the Municipal
Claims and Liens Act, 53 P.S. § 7101 et seq., shall be charged
an amount sufficient to compensate the Borough of Lewistown for its
reasonable attorneys' fees incurred in the collection of such delinquent
charges, which shall be in addition to any additional out-of-pocket
costs incurred by the Borough for necessary expenses in connection
therewith.
The attorneys' fees that will be charged pursuant to the preceding § 156-4 in the collection of delinquent charges, which are hereby determined to be fair and reasonable compensation for the services set forth below, in accordance with the Municipal Claims and Liens Act, 53 P.S. § 7101 et seq., shall be as follows:
|
Legal Services
|
Fees for Services
|
|---|---|
|
Preparation and filing of lien
|
$200
|
|
Title search
|
$300
|
|
Services not covered above
|
Hourly rate the Solicitor charges the Borough (currently $100
per hour)
|
A.Â
At least 30 days prior to assessing or imposing attorneys' fees in
connection with the collection of any delinquent account, the Borough
shall, by United States certified mail, return receipt requested,
postage prepaid, mail to the owner of the property being so assessed
a notice which includes the following:
B.Â
If within 30 days of mailing the notice in accordance with Subsection A above the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorneys' fees in connection with the collection of a delinquent account, the Borough shall, by United States first class mail, postage prepaid, mail to the owner the notice required by this section which includes the following:
C.Â
The notice required under this section shall be mailed to the owner's
last known post office address by virtue of the knowledge and information
possessed by the Borough of Lewistown and by the Mifflin County Assessment
Office. It shall be the duty of the Borough to determine the owner's
last post office address known to the Borough and the County Assessment
Office.
