[Adopted 9-5-2018 by Ord.
No. 623]
The following collection procedures are hereby established in
accordance with 53 P.S. § 7101 et seq:
A.
Notice of delinquency and intention to file lien. At least 30 days
prior to assessing or imposing attorney fees in connection with the
collection of an account and the filing of a municipal lien, the Borough
shall mail or cause to be mailed, by certified mail, return receipt
requested, a notice of such intention to the property owner or other
entity liable for the account (the "account debtor"). An administrative
fee actually incurred for mailing the notice of delinquency, not to
exceed $25, being a cost of collection under the Municipal Claims
and Tax Liens Act,[1] shall be assessed. The Borough shall be responsible for
all postage costs associated with said notice.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
Undeliverable notice of delinquency and intention to file lien. If, within 30 days of mailing the notice in accordance with Subsection A above, the certified mail notice is refused, unclaimed, or otherwise undelivered, then, at least 10 days prior to the assessing or imposing any additional fees, the Borough shall mail or cause to be mailed, by first-class mail, a second notice to such account debtor.
C.
All notices required by this article shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Borough, or such other address as it may
be able to obtain from the County Office of Assessment and Revision
of Taxes.
D.
Each notice as described above shall include the following:
(1)
The type of charge, the date it became due and the amount owed;
(2)
A statement of the Borough's intent to impose or assess attorney fees within 30 days after the mailing of the notice of delinquency, or within 10 days after the mailing of the second notice pursuant to § 252-36B above;
(3)
A statement of the Borough's intent to file a municipal lien within 30 days after mailing of the notice of delinquency, or second notice if the notice of delinquency was undeliverable pursuant to § 252-36B;
(4)
The manner in which the assessment or imposition of attorney fees
may be avoided by payment of the account; and
(5)
The place of payment for accounts and the name and telephone number
of the Borough's representative designated as responsible for
collection matters.
E.
The amount of fees determined as set forth below shall be added to
and become part of the claim or claims in each proceeding as provided
by the Act and as provided herein.
A.
The Borough hereby approves the following schedule of charges, expenses
and fees (hereinafter collectively referred to as "fees") in connection
with the collection of delinquent garbage accounts, which is hereby
determined to be fair and reasonable compensation for the services
set forth below, all in accordance with the principles set forth in
Section 3(a.1) of the Municipal Claims Law as added by Act No. 1 of
1996 (the "Act").[1]
(1)
First demand letter. At least 30 days following the notice of delinquency pursuant to § 252-36A or B as referenced above, the Borough shall mail or cause to be mailed a first demand letter to the account debtor. Said letter shall include the following information: the type of charge, the date it became due and the amount owed; the manner in which the assessment or imposition of further attorney fees may be avoided by payment of the account; and the place of payment for accounts and the name and telephone number of the Borough representative designated as responsible for collection matters. A $25 fee per parcel shall be added to and become part of the claim or claims in each proceeding as provided by the Act and as provided herein.
(2)
Second demand letter. At least 30 days following the first demand letter pursuant to Subsection A(1) as referenced above, the Borough shall mail or cause to be mailed a second demand letter to the account debtor. Said letter shall include the following information: the type of charge, the date it became due and the amount owed; the manner in which the assessment or imposition of further attorney fees may be avoided by payment of the account; and the place of payment for accounts and the name and telephone number of the Borough representative designated as responsible for collection matters. A $25 fee per parcel shall be added to and become part of the claim or claims in each proceeding as provided by the Act and as provided herein.
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
B.
The fees established, assessed, and collected hereunder shall be
in addition to the record costs, and shall be payable in full before
the discharge or satisfaction of any claim. The schedule of fees is
separate and distinct from any amounts imposed by the Sheriff, Prothonotary,
Court or any other public office in connection with the collection
of the Borough's claims.
|
Fees
| |
|---|---|
|
Legal Services
|
Fee
|
|
Preparation, filing and satisfaction of municipal lien
|
$20 per lien (does not include Allegheny County costs)
|
|
Mailing of first demand letter with account statement
|
$25 per parcel
|
|
Mailing of second demand letter with account statement
|
$25 per parcel
|
|
Processing NSF checks
|
$20 per check
|
|
Municipal claim revivals
|
$15 per claim
|
|
Sheriff sale claim certificates
|
$50 per case
|
|
Garbage fee certifications
|
$50 per parcel
|
|
Postage
|
Actual cost
|
C.
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, such
as for non-Sheriff's service of process or investigation of the
whereabouts of interested parties, as itemized in the applicable counsel
bills, which shall be deemed to be part of the fees.
D.
The amount of fees determined as set forth above shall be added to
the Borough's claim in each account.
A.
This article shall take effect on the date of enactment set forth
below[1] and with respect to attorney fees pursuant to the aforementioned
sections of this article shall apply to all municipal claims, municipal
liens, judgments, or executions filed on or after December 19, 1990,
or as otherwise provided by law.
[1]
Editor's Note: This article was adopted and enacted on
9-5-2018.
B.
Expenses incurred in pending enforcement proceedings prior to the
effective date of this article, pursuant to a prior ordinance adopted
under Act 1, but not collected, shall remain due and owing in accordance
therewith, and shall be incorporated in any future statement, claim,
pleading, judgment or execution. Expenses in any pending or new action
incurred after the effective date of this article shall be incurred,
charged, and collected in accordance with the schedules and procedures
set forth in this article.
C.
The charges, expenses and fees set forth in this article relate to
all unpaid claims in favor of the Borough, its agents and assigns,
and shall be retroactive to the date of each claim.
