Finance Department — See Ch. 21.
Fire Department — See Ch. 23.
Parks and recreation areas — See Ch. 195.
Property maintenance — See Ch. 210.
Subdivision of land — See Ch. 238.
Zoning — See Ch. 260.
§ 148-3Fire Marshal reports.
§ 148-4Fee for use of main pavilion
and shelters at Hoffer Park; exemptions.
§ 148-6Zoning Ordinance.
§ 148-7Real estate tax certification
§ 148-8Collection of attorney fees.
Whenever a copy is made for an individual where said copy is made for the personal use of said individual, a fee shall be charged for each copy. Said fee shall be set forth in a fee schedule approved by resolution of Borough Council and shall be collected by the Borough Manager or designee and forwarded to the Finance Director.
Any person, firm or corporation requesting a copy of a Fire Marshal report shall be charged a fee as set forth in a fee schedule adopted by resolution of Borough Council.
A nonrefundable fee shall be charged to any person, firm, corporation or organization reserving a pavilion at Hoffer Park. The fee charged for use of same shall be set forth in a fee schedule approved by resolution of the Borough Council.
The following organizations and individuals shall be exempt from the payment of the fees outlined herein and set forth on the Borough fee schedule: Middletown Senior Citizen Center, Middletown Chapter of the American Red Cross, Middletown Fire Companies, Middletown service clubs, Middletown Area Historical Society, Middletown churches, Middletown schools, Middletown Boys Club, Middletown Amateur Baseball Association, Boy Scouts, Girl Scouts, Middletown Borough employees and the Hoffer Family.
The fees charged for copies of Borough Maps shall be set forth in a fee schedule setting fees and charges as approved by resolution of Borough Council.
Any person, firm, corporation or organization requesting a copy of the Borough Zoning Ordinance shall be charged a fee as set forth in a fee schedule established by resolution of Borough Council.
Any person or entity requesting certification of real estate taxes paid shall be charged a fee of $5 for each copy of said certification, payable to the Tax Collector of the Borough of Middletown.
Legislative intent. By Act 1 of 1996, the General Assembly amended the Municipal Claim and Tax Lien Law of May 16, 1923, P.L. 207, as amended and supplemented, 53 P.S. §§ 7101 through 7505, to specifically authorize inclusion of attorney fees incurred in the collection of delinquent accounts as part of a municipal lien. Act 1 requires that municipalities by ordinance adopt a schedule of attorney fees. Act 1 further requires that, prior to imposing attorney fees, the municipality must notify, by certified mail, the owner of the property with the delinquent account of the municipality's intent to recover these fees and the manner by which assessment of the fees may be avoided by payment of the delinquent account. It is the intention of the Borough Council in enacting this section to comply with the requirements of Act 1 of 1996.
Definitions. Unless otherwise stated, the following words shall, for the purpose of this section, have the meanings herein indicated:
- The Borough of Middletown, Dauphin County, Pennsylvania.
- BOROUGH SOLICITOR
- The persons or law firm appointed by the Borough Council to serve as legal counsel to the Borough.
- DELINQUENT ACCOUNT
- Any sums due and owing to the Borough which have not been paid within the time required by the Borough's ordinances, resolutions, rules, regulations or policies, including, but not limited to, charges for trash collection, sewer service, water service, electric service, removal or abatement of nuisances, taxes, municipal improvements, or any other charge which may lawfully be imposed by the Borough and for which a municipal claim may be filed.
- HOURLY RATE
- The hourly fee charged by the Borough Solicitor to the Borough consistent with the ordinary and customary charges by the Borough Solicitor for similar services in the community, but in no event shall the hourly rate exceed the rate charged by the Borough Solicitor to the Borough when fees are not reimbursed by or otherwise imposed upon delinquent customers of the Borough.
Imposition of attorney fees for collection of delinquent accounts. The Borough Council specifically authorizes the recovery of attorney fees incurred by the Borough in the collection of delinquent accounts from the person or persons who are responsible for the payment of such delinquent accounts. The Borough Council authorizes the Borough Manager, the Finance Director, or the Assistant Borough Manager to take all actions required by applicable law to enable the Borough to recover attorney fees incurred from the persons responsible for this cost and to include such attorney fees in municipal claims. This authorization includes, but is not limited to, sending notification to such persons of the intention of the Borough to impose attorney fees incurred in collection efforts upon such persons.
Schedule of attorney fees for services related to collection of delinquent accounts. The Borough shall impose attorney fees upon persons who have delinquent accounts in accordance with the following schedule:
|Service||Minimum Time (hours)|
|Obtain and review tax account information for property||0.4|
|Obtain and review deed for property||0.2|
|Prepare municipal lien||0.5|
|Prepare civil action cover sheet||0.1|
|File municipal lien||0.4|
|Forward copy of municipal lien to Borough||0.2|
|Prepare civil action complaint before Magisterial District Judge for collection of account||0.7|
|Prepare for and attend hearing before Magisterial District Judge concerning civil action to collect delinquent account||2.5|
|Prepare and file satisfaction of municipal lien||0.2|
Recovery of additional attorney fees in specific circumstances. The services and minimum times expended by the Borough Solicitor for the services set forth in § 148-8D of this chapter are based upon the experiences of the Borough Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action or should other circumstances occur which will require the Borough Solicitor to perform additional or more time-consuming services than contemplated by § 148-8D, it is the intention of the Borough to recover all of its attorney fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the Borough to impose and collect the fee, rate, charge or other cost, or similar actions.