Township of Millcreek, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Millcreek as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 96-8; amended in its entirety 8-28-2007 by Ord. No. 2007-6]

§ 48-1 Title.

This article shall be known and referred to as the "Ordinance Enforcement Ordinance."

§ 48-2 Enforcement generally.

A. 
Except for those ordinances identified in § 48-2B, when violations have not been remedied by the date established for remedial action or the penalty imposed for violation of an ordinance is not voluntarily paid, a civil enforcement proceeding shall be commenced by the Township in the office of the District Magisterial Judge having proper jurisdiction, in accordance with the provisions of Section 1601(c.1)(1) of the Second Class Township Code, as may in the future be amended.[1]
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(1).
B. 
In accordance with Section 1601(c.1)(2) of the Second Class Township Code, as may in the future be amended,[2] as to ordinances regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water pollution, air pollution or noise pollution, when violations have not been remedied by the date established for remedial action, an enforcement proceeding by the Township shall be by action brought before the District Magisterial Judge having proper jurisdiction in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
[2]
Editor's Note: See 53 P.S. § 66601(c.1)(2).
C. 
Those Millcreek Township ordinances enacted prior to May 7, 1996 (the effective date of Act 60-1995) which provide in any manner or language for enforcement and/or conviction in a summary criminal proceeding and/or for payment of a fine or penalty upon conviction in a summary criminal proceeding and which are not within the class of ordinances to be enforced in the manner provided for enforcement of summary offenses under § 48-2B, above, are hereby repealed insofar as they contain such provisions and amended so as to provide for enforcement and fines in the manner set forth in this article as civil violations and actions, said ordinances including the following:[3]
Ordinance No.
Popular Name
Section Amended
83-2
Airport Zoning (See Ch. 70, Part 2)
§ 70-21
81-9
Bluff Recession Setback (See Ch. 70, Part 1)
§ 70-9
95-3
Fire Insurance Losses (See Ch. 55, Art. II)
§ 55-8
70-3
Moving of Buildings (See Ch. 29, Part 1)
§ 29-9
90-31
Sewage Holding Tanks (Ch. 102, Art. II)
§ 102-19
[3]
Editor's Note: This subsection originally listed Ord. No. 61-6, regarding junkyards, Ord. No. 88-21, regarding signs, and Ord. No. 95-9, regarding nuisances. Ordinance Nos. 61-6 and 88-21 were repealed by Ord. No. 2011-8 (Ch. 145, Zoning); therefore, references to Ord. Nos. 61-6 and 88-21 have been removed from § 48-2C. Ordinance No. 95-9 was amended in its entirety by Ord. No. 2015-8 (Ch. 40, Conduct, Art. II, Nuisances); therefore, reference to Ord. No. 95-9 has been removed from § 48-2C.
D. 
This section shall not be interpreted to modify, alter or repeal those Millcreek Township ordinances which, by Pennsylvania law, including but not limited to the Vehicle Code, the Sewage Facilities Act and the Second Class Township Code, are to be enforced as criminal proceedings or as otherwise specified in said statutes, these including but not limited to:[4]
Ord. No.
Popular Name
91-11, 2004-9
Building, Construction Codes (See Ch. 29, Part 3)
92-6, 2013-13
Fire Prevention Code (See Ch. 29, Part 4)
66-13
Malicious Loitering and Prowling (See Ch. 40, Art. I)
2011-7
Open Burning (See Ch. 40, Art. V)
Various
Parking, standing of vehicles (all) (See Ch. 137)
Various
Speed limits (See Ch. 137, § 137-6)
Various
Stop sign regulations (See Ch. 137, § 137-15)
2013-10
Transient Vendor (See Ch. 21, Art. IV)
Various
Two-Axle Vehicle Size Regulations (See Ch. 137, § 137-18)
Various
Violation of proper directive in emergency
99-7
Weather Events and Towing (See Ch. 40, Art. IV)
[4]
Editor's Note: This subsection originally listed Ord. No. 92-11, regarding littering, and Ord. No. 10, regarding dumping, which are no longer in effect. Therefore, references to Ord. Nos. 10 and 92-11 have been removed from § 48-2D. Further, references to Ord. No. 95-9, regarding nuisances, and specific ordinances related to vehicles and traffic were deleted from this list given such regulations were superseded by the adoption of newer provisions.

§ 48-3 Enforcement by Police Department.

The Millcreek Township Police Department is authorized and directed to investigate alleged violations and enforce Millcreek Township ordinances as follows:
A. 
The Police Department shall be responsible for investigation of alleged violations and all proceedings related to enforcement of all Township ordinances pertaining to established speed limits, stop signs, prohibition or regulation of parking or standing of vehicles, temporary traffic regulation, careless driving on private property, fire lanes, handicapped parking areas, burning regulations, malicious loitering and prowling, two-axle vehicle size regulations, weight limitations on streets and bridges, crosswalks, weather events and towing, traffic signal avoidance, regulation of transient vendors and merchants, dumping, nuisances enforced as summary criminal matters excluding deterioration of property and other like regulations as may now or in the future be enacted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Police Department shall have authority to investigate or assist Township code enforcement personnel in the investigation and prosecution of proceedings to enforce Township ordinances where officers witness apparent violations, in circumstances where the public health, safety and welfare calls for prompt investigation and remedial action, in emergency situations and upon request of the Fire Inspector/Fire Marshal or other code enforcement personnel to enforce directives authorized by ordinance and/or in emergency situations.
C. 
The Police Department shall not arrest or engage in warrantless searches in situations which involve solely violation of an ordinance giving rise to a civil enforcement proceeding, but may exercise such powers where existing law or protection of the public health and safety would permit such action.
D. 
Nothing in this section is intended to limit or modify the proper authority of the Police Department except as specifically stated in § 48-3C.

§ 48-4 Designation of code enforcement personnel.

The Board of Supervisors, by resolution or ordinance, shall designate those officers and employees of the Township who shall have authority to investigate alleged violations, determine whether a violation has occurred and institute proceedings for enforcement of Township ordinances, such persons being referred to in this article as "code enforcement personnel." All prior designations of and grant of authority to code enforcement personnel under Township ordinances or resolutions of the Board of Supervisors are hereby preserved and shall remain in full effect except as may be modified in the future. Provisions of this article establishing duties and powers of "code enforcement personnel" shall extend as well to the Millcreek Township Police Department as to its assigned responsibilities in enforcement of Township ordinances, except to the extent that Pennsylvania law provides otherwise.

§ 48-5 Construal of provisions.

This article shall not be construed so as to amend ordinances of Millcreek Township enacted prior to the effective date of this article except for the limited reasons set forth in § 48-2, above, and § 48-11, below. All such previously enacted ordinances shall otherwise remain in full effect, and all such ordinances state policies and define standards of conduct and violations which shall be and remain in full legal effect. Penalty action in all such ordinances, from the effective date of this article, shall be deemed to be enforced in the manner prescribed above in § 48-2A through C, and all contrary provisions in said ordinances are hereby repealed. All said ordinances shall further be deemed amended and modified to incorporate the provisions of this article which prescribe fines for violation and those establishing enforcement procedures as are applicable to the given ordinance.

§ 48-6 Authority of code enforcement personnel.

All code enforcement personnel designated by the Board of Supervisors and the Millcreek Township Police Department in its proper jurisdiction are hereby authorized and directed to investigate all instances and allegations of alleged violation of Township ordinances, to determine whether a violation of a Township ordinance has occurred and to conduct and institute those administrative, civil, criminal and equitable proceedings for enforcement of ordinances, collection of fines, penalties, fees and costs due to the Township and/or injunctive relief to prohibit or compel actions to remedy violations of ordinances.

§ 48-7 Investigation and enforcement.

The code enforcement personnel having proper authority shall investigate and determine in each instance whether a violation of a Millcreek Township ordinance has occurred.
A. 
Upon determining that a violation has occurred, the code enforcement or police officer shall determine in each instance whether a violation of a Millcreek Township ordinance has occurred.
B. 
As to those ordinances identified in Section 1601(c.1)(2) of the Second Class Township Code[1] and referred to above in § 48-2B of this article, unless the governing ordinance authorizes or directs issues of stop-work, remedial action or like enforcement measures, the enforcement officer shall issue a traffic or non-traffic citation or other document commencing enforcement of said ordinance in accordance with the Rules of Criminal Procedure governing summary offenses. Such citation, notice or complaint shall impose the fine for said violation(s) as prescribed in the applicable ordinance, as may be amended by this article or otherwise.
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(2).
C. 
As to those ordinances subject to civil enforcement, unless the governing ordinance provides otherwise or, as to ordinances enacted since May 7, 1996, sets forth another process of enforcement, the enforcement officer shall issue an enforcement notice directing that the cited violation(s) determined to have occurred be remedied by a date set forth in such notice, and said notice shall impose the prescribed fine for each violation as established in the governing ordinance or as amended in this article. Said fine as imposed shall be effective upon the date next following that set forth in the enforcement notice for remediation of the cited violation(s). In the event the person(s) found to have violated the ordinance shall fully remedy the violation by the date set forth for such remedy, the fine as imposed by the enforcement notice shall not be due and shall be forgiven by the Township.
D. 
The period of time allowed in an enforcement notice for remedial action shall be that determined by the enforcement officer as being appropriate in view of the nature, severity and potential consequences of the violation(s) in view of the time reasonably required to accomplish remedial action in the circumstances (including weather conditions) of a given case.
E. 
This section shall not be interpreted to require issuance of repeated enforcement actions allowing an opportunity for remedial action. When a person found to have violated an ordinance has been given an opportunity to remedy the violation, the person's failure to remedy the violation, a repetition of the violation following its first remedy, payment of the imposed fine without remedial action to correct the violation(s), existence of an emergency or other like circumstances shall be sufficient to authorize further enforcement by actions before a District Magisterial Judge.
F. 
This section is not intended to amend or repeal ordinances enacted since May 7, 1996, which have established a specific process for administrative enforcement, these including but not limited to Chapter 145, Zoning, the Construction Code Ordinance[2] and Chapter 125, Subdivision and Land Development.
[2]
Editor's Note: See Ch. 29, Code Enforcement.
G. 
All provisions in Township ordinances for continuing violations and for imposition of a fine or penalty for each day a violation occurs shall be and remain in full effect. Where the governing ordinance provides that each day a violation continues shall constitute a separate offense, enforcement notices issued pursuant to this section and enforcement actions commenced in the office of the District Magisterial Judge having jurisdiction shall impose and seek fines for each day such violation(s) continue.
H. 
Fines and penalties established for violations of Township ordinances shall not exceed the maximums authorized in Sections 1601(c.1)(1) and (2) of the Second Class Township Code,[3] as the same may be amended in the future. In no event shall a fine in a sum less than that prescribed by ordinance be imposed.
[3]
Editor's Note: See 53 P.S. § 66601(c.1)(1) and (2).

§ 48-8 Responsible parties.

Where an ordinance imposes duties upon owners or occupants of property or the violation otherwise pertains to the act or omission of two or more persons or entities, all persons or entities found to have violated a Township ordinance shall be cited for the violation and be subject to enforcement proceedings. In all cases involving acts or omissions upon or about a property for which owners and/or occupants are responsible for proper conduct, all co-owners and, as applicable, co-occupants of the property shall be cited in all notices and proceedings, it being the express intention of the Board of Supervisors that all such persons be jointly and severally liable for the violation, fine and all costs, fees and other charges due as a consequence of such violation and all proceedings related thereto.

§ 48-9 Enforcement notices and proceedings for summary criminal matters.

Enforcement of those ordinances which, under § 48-2B of this article, are to be enforced under Rules of Criminal Procedure governing summary offenses, shall be by traffic citation, non-traffic citation or criminal complaint as authorized by applicable rules.
A. 
Such enforcement citation, notice or complaint shall be served in the manner authorized by such rules.
B. 
Where authorized by applicable law, ordinance, resolution or rule, the Millcreek Township Police Department and its officers shall serve notice of violation by affixing such notice upon a vehicle at the time a traffic or vehicular violation is determined to have occurred.
C. 
If an ordinance to be enforced as a summary criminal offense provides for an opportunity to remedy a violation, stop work and cease and desist, such enforcement notice shall impose the prescribed fine(s) for violation, which shall be due and payable if the remedial action enforcement notice is not fully complied with by the deadline established therefor.
D. 
A code enforcement officer is authorized in nonemergency circumstances not involving matters enforced by the Police Department to issue an enforcement notice directing action to remedy a cited violation. In such circumstances, the form of notice set forth in § 48-10A shall be followed; service of the notice shall be by certified mail, return receipt requested, only; the notice shall state that Millcreek Township will commence an enforcement action under rules governing summary criminal offenses if the violation is not fully rectified by the date set forth in the notice and provisions of § 48-10 as to civil enforcement shall not apply.
E. 
In the event the Township Solicitor or other attorney retained by the Township shall represent the Township in enforcement proceedings, a person found to have violated the ordinance shall be responsible for payment of all attorney's fees incurred by the Township in such matter, in addition to fines, costs and other penalties due, in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, as amended.

§ 48-10 Enforcement notices and proceedings for civil matters.

Upon a determination that a violation of an ordinance has occurred and a fine should be imposed for such violation, the enforcement officer shall serve upon the person(s) or entity(ies) determined to have violated an ordinance written notice of violation upon an enforcement notice as adopted by resolution of the Board of Supervisors.
A. 
The enforcement notice shall specify the nature of the violation(s), the ordinance and section(s) thereof violated, a summary of the finding of violation, the identity of the person(s) or entity(ies) or vehicle(s) found to have committed the violation(s), the fine prescribed and imposed for the violation, the identity of the enforcement officer and the manner in which such fine may be paid promptly by the violator(s) to avoid additional penalties, costs, attorney's fees and other charges.
B. 
Where the applicable ordinance does not specify another manner of service or notice, written notice of the violation(s) shall be mailed to the person(s) or entity(ies) found to have violated the ordinance at such address as shall be determined from Township, property or other public records. Such written notice shall be sent to the violator(s) via first class mail where the fine for violation is less than $100 and via certified mail, return receipt requested, where the fine for violation is $100 or more.
C. 
Where certified mail service is required and such notice is refused or unclaimed or the returned receipt is not received, then at least 15 days prior to commencing a civil enforcement proceeding in any court, the officer shall mail to the violator(s) the enforcement notice by first class mail.
D. 
Refusal or failure to claim or accept receipt of a written enforcement notice served via certified mail or first class mail shall not excuse the recipient's failure to remedy a violation by the deadline established therefor and/or to pay the imposed fine within the time established in the enforcement notice. In such circumstances, all additional fines, costs or other charges due as a consequence of failure to remedy a violation and/or pay an imposed fine promptly shall be due.
E. 
All enforcement notices shall state that Millcreek Township shall bring a civil action for enforcement of its ordinance(s) and collection of fines in the event a violation is not fully rectified or a fine imposed is paid by the date prescribed in the notice and that the Township shall seek and is entitled to judgment in civil proceedings for all fines, court and notice costs and attorney's fees incurred in the proceedings.
F. 
In the event the fine prescribed in an enforcement notice is due as a consequence of the violator's failure to remedy a violation by the deadline therefor and is not paid by the date set in the enforcement notice, the enforcement officer shall commence a civil proceeding to enforce such ordinance(s) and collect fines for violation thereof in the court having appropriate jurisdiction by filing a civil complaint and advancing payment of the court's required costs. Such advancements for court costs shall be withdrawn from a dedicated account created by the Board of Supervisors for that purpose, and all sums later received as reimbursement for advanced costs shall be deposited into said account.
G. 
In all civil enforcement proceedings commenced by and on behalf of the Township, the Township in the complaint and all proceedings thereon shall seek recovery of the fine(s) for violation(s) prescribed in the governing ordinance or in this article by virtue of the violation(s), plus all court costs and attorney's fees incurred by the Township in all proceedings upon the violation and enforcement action. Such complaint(s) shall name as party defendant all persons or entities determined to have committed a violation, and shall seek judgment against multiple defendants, as is applicable, both jointly and severally. Where the ordinance alleged to have been violated provides for continuing violations and fines to be assessed therefor, the Township in such proceeding shall seek and be entitled to judgment for fines for each day such violation(s) continue.
H. 
If the party(ies) defendant indicate an intention to be represented in such action by legal counsel or the enforcement officer believes that the best interests of Millcreek Township are served by representation of the Township in the proceeding by legal counsel, the officer shall consult with the Township Solicitor, who shall be responsible for assigning counsel in the matter, such attorney to be the Solicitor, the Police Solicitor or such other counsel as the Board of Supervisors may approve.
I. 
Any person or entity who violates or permits a violation of a Township ordinance shall, upon being found liable therefor in such civil enforcement proceeding, pay the fine(s) prescribed by the Board of Supervisors, plus all court costs and reasonable attorney's fees incurred by the Township in such proceeding. Provision for establishment of reasonable attorney fees in such matters has been made through Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, as amended. Fees as established pursuant to such ordinance shall be prima facie evidence of reasonable fees, and shall be due as to all proceedings upon enforcement, including appeals taken by defendants.

§ 48-11 Establishment of fines and penalties for violation.

A. 
This article is not intended and shall not be construed to amend or repeal provisions in ordinances enacted on and after May 7, 1996, which prescribe or establish fines and penalties for violation thereof, except as set forth in § 48-17.[1]
[1]
Editor's Note: Original Subsection 1.11.2, regarding fines for ordinances enacted prior to May 7, 1996, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In accordance with Section 1601(c.1)(1) of the Second Class Township Code,[2] where a penalty for violation of a Township ordinance has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney's fees incurred by the Township in the enforcement proceedings, and the Township shall be exempt from payment of costs in any civil costs brought to enforce an ordinance in accordance with said Section 1601(c.1)(1).
[2]
Editor's Note: See 53 P.S. § 66601(c.1)(1).
C. 
The Township shall have authority to commence actions at law or in equity to compel performance with or enjoin and/or remedy violations of its ordinances, in combination with or independently of enforcement proceedings under this article and other ordinances.
D. 
References in this section to "all sections" or "all other sections" of a referenced ordinance shall be deemed to include violation of all standards of conduct or commission of acts or omissions prohibited under the applicable ordinance other than those sections or violations to which specific reference is made.

§ 48-12 Amendment of prescribed fines for no parking and temporary traffic regulations.

A. 
All Township ordinances previously enacted which prohibit or regulate the parking or standing of vehicles on Township streets or portions thereof are hereby amended so as to provide that the fine for violation thereof shall be fixed at $15.
B. 
The fine of $15 established for violation of Township ordinances prohibiting parking or standing of vehicles and/or established temporary traffic regulations under Chapter 137, Article VIII, Temporary and Experimental Regulations, shall increase by $5 if the fine is not paid within 72 hours after issuance of the citation or enforcement notice.[1]
[1]
Editor's Note: Original Subsection 1.12.3, regarding repeal of inconsistencies of Ord. Nos. 83-5 and 93-30, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 48-13 Payment and disposition of fines, costs and fees.

All fines, costs and fees due as a consequence of violation of a Township ordinance shall be paid over to Millcreek Township and, except for reimbursement of advanced court costs from dedicated funds, shall be deposited into the general fund.

§ 48-14 Interest on unpaid sums.

In accordance with other Township ordinances, interest on judgments entered in enforcement proceedings for fines, costs and attorney's fees shall accrue at the rate of 10% per year from the date of such judgment until payment thereof is received in full, unless such judgment is paid in full within 30 days after entry of the judgment.

§ 48-15 Municipal claims.

To the extent permitted by law, all judgments entered in favor of Millcreek Township in proceedings for enforcement of Township ordinances shall constitute municipal claims and liens upon the real property subject to a violation and the owner(s) thereof, and shall be collected in accordance with general municipal law governing collection of municipal claims and/or applicable Rules of Civil Procedure. All attorney's fees incurred by Millcreek Township in such collection proceedings as established pursuant to applicable ordinances shall be added to the judgment and collected in said proceedings in accordance with applicable law.

§ 48-16 Construction as to criminal offenses.

This article is not intended and shall not be interpreted or construed to amend or modify those Millcreek Township ordinances which are enforced and administered under and subject to Pennsylvania law, these including all designated criminal offenses under the Pennsylvania Crimes Code, violations subject to the Pennsylvania Vehicle Code,[1] violations of the Sewage Facilities Act[2] and violations of other state laws and regulations which are enforced under such laws and not under the Second Class Township Code, except to the extent expressly stated in this article.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.

§ 48-17 Repealer.

All ordinances or parts of any ordinances inconsistent herewith are hereby repealed. All provisions of ordinances enacted since May 1, 1996, which establish an administrative fine and/or a process for its imposition are repealed insofar as they conflict with Ordinance No. 96-8 as amended and restated by this Ordinance No. 2007-6.
[Adopted 4-30-1996 by Ord. No. 96-9]

§ 48-18 Schedule of attorney fees.

[Amended 2-12-2002 by Ord. No. 2002-2]
A schedule of attorney fees to be assessed, imposed and collected in actions involving collection of municipal claims, reflecting consideration of those factors enumerated in 53 P.S. § 7106(a.1), as amended by Act 1 of 1996, is hereby established, as follows:
A. 
No attorney fees shall be assessed, imposed or collected by Millcreek Township in connection with the preparation, filing or satisfaction of municipal liens which involve no contested or litigated proceedings in any court of competent jurisdiction.
B. 
The hourly rate established for attorney's fees and referenced in §§ 48-18, 48-19 and 48-20 of this article shall be $130, effective on and after March 1, 2002, this hourly rate to increase by the sum of $5 effective on and after January 1 of each calendar year beginning with 2003, and each adjusted hourly rate from January 1, 2003, shall be effective for a full calendar year unless the applicable rate shall be amended by ordinance.
C. 
In actions under the general municipal law, including 53 P.S. § 7187, as amended by Act 1 of 1996, for the collection of municipal claims and liens under civil proceedings or a scire facias sur municipal lien proceeding, attorney fees shall be assessed, imposed and collected as follows:
(1) 
In an action brought by the Township seeking judgment upon a lien in which no affidavit of defense is filed by the property owner(s) or otherwise and judgment is obtained without contested proceedings, attorney's fees shall be assessed, imposed and collected at the hourly rate then in effect for all legal services performed, fees in an uncontested proceeding and execution action not to exceed 12.5 multiplied by the then-applicable hourly rate, this minimum being based upon services involved therein.
(2) 
In a civil or scire facias sur municipal lien proceeding brought by a property owner or party other than the Township in which the property owner or other party asserts a defense to the Township's lien or otherwise challenges or seeks to avoid collection of a municipal claim by the Township, attorney's fees shall be assessed, imposed and collected at the hourly rate as then in effect under § 48-18B for all legal services performed on behalf of the Township in said proceeding.
(3) 
In a civil or scire facias sur municipal lien proceeding brought by the Township in which the property owner or other party asserts a defense to the Township's lien or otherwise challenges or seeks to avoid collection of a municipal claim by the Township, attorney's fees shall be assessed, imposed and collected at the hourly rate as then in effect under § 48-18B for all legal services rendered for the Township in said proceeding.
(4) 
In any proceeding at law or in equity brought by a property owner or other third party seeking to enjoin or avoid a liability to the Township or any of its departments which by law constitutes a municipal lien under 53 P.S. § 7102 et seq., attorney's fees shall be assessed, imposed and collected at the hourly rate as then in effect under § 48-18B for all legal services performed on behalf of the Township in said proceeding.
(5) 
Attorney's fees under the schedule set forth above in § 48-18B shall be assessed and imposed for all legal services provided to and on behalf of the Township in all of the above proceedings in any court, and shall continue to be earned, assessed and imposed as to all legal services provided to and on behalf of the Township in any appeal filed by the other party which results in a verdict, award or other resolution more favorable to the Township than that claimed by the property owner or other party to be due.
(6) 
The schedule of attorney's fees established by this article is not intended to establish any duplication in recovery of attorney's fees and reflects a consideration of the time and nature of legal services involved, the skill requisite to properly represent the Township and an hourly rate for services lower than that customarily charged by members of the local bar but which is commensurate with rates paid by the Township for legal services. In that the Township does not initiate scire facias sur municipal lien proceedings for judgment and execution upon liens unless the delinquent sum warrants such an action and the services involved in proceedings for judgment and execution upon liens unless the delinquent sum warrants such an action and the services involved in proceedings to obtain judgment and execution are mandated by statute and rules of procedure without regard to the amount in controversy, the Board of Supervisors finds that the contingency or certainty of compensation is irrelevant to determining a proper fee.

§ 48-19 Certification of services and fees due.

[Amended 2-12-2002 by Ord. No. 2002-2]
Where in actions of scire facias sur municipal lien, execution upon judgments or otherwise applicable rules of civil procedure require that all sums sought by the Township be set forth with particularity, sums assessed with regard to collection of municipal claims as attorney's fees shall be stated at the sum equal to the then-applicable hourly fee rate multiplied by 12.5 hours in accordance with § 48-18C(1), subject and without prejudice to an increase in said attorney's fees in the event of contested proceedings subject to § 48-18C(2) through (4) above. In all cases and prior to actual collection of sums for attorney's fees, the Township Solicitor or other attorney retained to represent the Township in such matter shall prepare and file with the Township Secretary and the court having jurisdiction over the matter a verified certification of services and fees due at the rates established under this article. This certification shall describe the services performed, state the time devoted to representation of the Township in the matter and the fees due at the specified hourly rate therefor. Upon filing of such certification, the Township, by its counsel in the matter, shall file in the court having jurisdiction over the matter such documents as may be required to establish the specific sum due for attorney's fees, which sum shall be prima facie evidence of the facts averred therein, constitute a lien upon the subject property as provided in amended 53 P.S. § 7106(a) and be subject to collection together with the municipal claim and other charges, expenses and fees incurred as a result of nonpayment thereof.

§ 48-20 Reasonable and appropriate hourly rate; rate for other counsel.

In all proceedings to enforce ordinances of Millcreek Township, in all proceedings brought by third parties seeking to avoid enforcement of a Township ordinance and in all appeals from determinations of the Township's enforcement officers or courts brought by persons seeking to contest or modify in any respect enforcement of Township ordinances in which the services of the Township Solicitor, Police Solicitor or other legal counsel retained by the Township are deemed by the Township to be necessary, that hourly rate for services established above in § 48-18B is hereby determined to be reasonable and appropriate for services rendered in such a matter; provided, that if a Police Solicitor or other counsel is retained under a separate retention or other agreement, the hourly fee rate established in such agreement shall be deemed the appropriate and applicable rate for purposes of this article.

§ 48-21 Adding attorney's fees and costs to judgment.

In all proceedings involving enforcement of Township ordinances and appeals therefrom, all attorney's fees incurred by the Township, calculated in accordance with § 48-18B or 48-20, above, for services rendered in the matter, shall be assessed and imposed in full by the court having appropriate jurisdiction as within the judgment upon a finding of violation. It is the express intention of this article that all attorney's fees and costs incurred by Millcreek Township in defense of an appeal brought by any person or entity found to have violated a Township ordinance shall be added to the original court's judgment in the event such appeal is denied, dismissed or resolved in any manner less favorable to the appellant than the appellant's represented defense to the enforcement proceeding.

§ 48-22 Attorney's fees to be certified and submitted to court.

All attorney's fees incurred in a matter relating to enforcement of Township ordinances shall be certified and verified by the Solicitor or attorney representing Millcreek Township in the matter in accordance with the provisions set forth in § 48-19 of this article. Such certification shall be submitted to the court having appropriate jurisdiction prior to such court's entry of a decision in a contested proceeding, and shall be prima facie evidence of the facts averred therein.

§ 48-23 Imposition of Township costs; certification of costs.

All costs incurred by or on behalf of Millcreek Township in proceedings upon municipal claims or enforcement of Township ordinances are hereby imposed, as is applicable, upon the property subject to the lien and its owner(s) and persons and entities found to have violated an ordinance of the Township. Such costs shall include but not be limited to all filing and satisfaction fees, all charges for service of process, all sums paid for certified mail service of notice required by statute or rules of procedure and, in actions to collect municipal claims, sums paid by the Township for lien or title examinations of property required to prepare affidavits of lienholders and parties in interest. In all such proceedings, the Township shall submit to or file with the court having appropriate jurisdiction such certification(s) of costs as may be required, and all costs as so certified shall be imposed, assessed and collected as part of any judgment.

§ 48-24 Responsibility for fees and costs; lien.

All attorney's fees and costs incurred by Millcreek Township in actions relating to collection of municipal claims and enforcement of Township ordinances shall be the responsibility of the person or entity found to be responsible for such claim or violation, shall be a part of any judgment entered in the matter and, to the extent permitted by the general municipal law, shall with the primary debt constitute a municipal claim and lien upon the property subject to the action and its owner(s).

§ 48-25 Payment of fees and costs.

All sums collected as attorney fees and costs pursuant to this article shall be paid over to Millcreek Township, subject to its payment of such fees and costs to the parties entitled thereto under retention and contractual agreements with the Township.

§ 48-26 Records.

The Township Treasurer and the Township Solicitor shall maintain appropriate records and files with regard to legal services, fees and costs incurred by the Township in such matters and all sums due and collected in such matters. All attorneys performing services for and on behalf of Millcreek Township in such proceedings shall maintain time records for all services performed and costs incurred and shall, upon proper request therefor, submit such records to the Township Treasurer and/or Township Solicitor.