[Adopted 2-9-1989 by Ord. No. 1648]
A.
The owner of each individual residential dwelling
unit shall pay a fee to the Township of Abington for the collection,
removal and disposal of garbage, rubbish and refuse. As of the effective
date of this section, the fee shall be calculated as follows:
(1)
A residential unit using a ninety-five-gallon trash
container supplied by the Township shall pay a fee of $251 per year.
[Amended 12-17-2009 by Res. No. 09-046]
(2)
A residential unit using a sixty-five-gallon trash
container supplied by the Township shall pay a fee of $224 per year.
[Amended 12-17-2009 by Res. No. 09-046]
(3)
A residential unit using a thirty-five-gallon trash
container supplied by the Township shall pay a fee of $196 per year.
[Amended 12-17-2009 by Res. No. 09-046]
(4)
Fees for excess trash.
(a)
The owner of a residential unit may request an additional container from the Township and shall pay an additional annual fee of $82 for a ninety-five-gallon trash container, $55 for a sixty-five-gallon trash container, and $28 for a thirty-five-gallon trash container. These fees shall be in addition to the fees established under § 92-18A(1) through (3), as may from time to time be amended.
(b)
The Township may sell either a designated trash
bag displaying the Township logo to dispose trash the resident may
generate in excess of that which can be accommodated by the trash
container provided by the Township or a sticker that shall be affixed
to a bag of the owner's choice. The cost to the resident shall be
$0.50 per bag, which includes the sales tax, and the Township's cost
of each sticker plus $0.30.
B.
The fees provided for in this section may from time
to time be amended by resolution of the Board of Commissioners of
Abington Township.
[1]
Editor's Note: This ordinance also provided that the provisions of § 92-18A(4)(b) relating to fees for excess trash shall take effect immediately and the remainder of its provisions shall be effective 1-1-2009.
[Amended 8-11-1994 by Ord. No. 1743; 4-9-1998 by Ord. No.
1813]
A.
Each current year refuse collection fee bill shall
be due and payable on the date as set forth on the Township and county
real estate tax bill. Refuse collection fee bills shall not be eligible
for any discount.
B.
If any current year refuse collection fee bill is
not paid on or before the 120th day following the real estate tax
billing date, such refuse collection fee shall be subject to a penalty
in the amount of 10% of the face amount of the sewer fee.
C.
If any refuse fee bill remains unpaid as of the last
day of the current calendar year, a Township official, as may be designated
by the Board of Commissioners, shall file a municipal lien against
the affected property, said lien to include the cost of filing plus
a fee for administrative costs, the amount of such fee to be determined
from time to time as set forth by resolution of the Board of Commissioners.
D.
Following the filing of the lien pursuant to Subsection C above, the Township may collect the outstanding refuse collection fee bill, including penalty, interest and costs, by any means provided by law, including but not limited to filing a civil suit before the appropriate District Justice or in the Montgomery County Court of Common Pleas and/or by discontinuing refuse collection service and/or by filing a Writ of Scire Facias in the Montgomery County Court of Common Pleas or by the use of an outside collection service.
E.
Fees.
[Amended 9-8-2022 by Ord. No. 2198]
(1)
The Board of Township Commissioners does hereby approve
the following schedule of attorney fees for services in connection
with the collection of delinquent user fees. Said fees are hereby
determined to be fair and reasonable compensation for the services
as set forth below and are in accordance with the principles set forth
in § 7106 of the Municipal Claims and Tax Liens Act, 53
P.S. § 7101 et seq., as amended. The attorney fees and collection
fees set forth below shall be included and added to the applicable
MCTLA unpaid claim in an amount equal to the amount set forth in this
section.
|
Legal Services
|
Fee for Services
|
|---|---|
|
Attorney Fees
| |
|
Initial review and sending first legal demand letter
|
$175
|
|
File lien and prepare satisfaction
|
$250
|
|
Prepare writ of scire facias
|
$250
|
|
Prepare and mail letter under Pa.R.C.P. 237.1
|
$50
|
|
Prepare default judgment
|
$175
|
|
Research, prepare and obtain reissued writ
|
$175
|
|
Prepare praecipe to amend
|
$100
|
|
Prepare motion to amend
|
$150
|
|
Prepare motion for alternate service
|
$250
|
|
Prepare motion to consolidate claims
|
$250
|
|
Amend claim to add United States as defendant
|
$250
|
|
Prepare writ of execution
|
$800
|
|
Preparation for Sheriff's sale; review schedule
of distribution and resolve distribution issues
|
$400
|
|
Prepare motion to continue Sheriff's Sale
|
$50
|
|
Prepare petition for free and clear sale
|
$400
|
|
Preparation and service of subpoena
|
$100
|
|
Presentation of motion or petition
|
$50
|
|
Services not covered above
|
$75 to $275 per hour
|
|
Collection Fees
| |
|
Validation notice
|
$25 per notice charged to the property owner
|
|
Notice of delinquent claim and fee shifting
|
$40 per notice, plus applicable postage charged to the property
owner
|
|
Bookkeeping fee for payment plan of three months
or less
|
$25
|
|
Bookkeeping fee for payment plan of more than three
months
|
$50
|
|
Handling fee for returned check
|
$25
|
(2)
Additional fees and expenses. In addition to the collection
fees set forth under Collection Fees, above, the amount of out-of-pocket
charges, costs, expenses, commissions and fees incurred in connection
with the filing, preservation and collection of the MCTLA unpaid claims,
including, but not limited to, prothonotary fees and charges, sheriff
fees and charges, postage expenses, title search expenses, vehicle
identification number (VIN) search expenses, skip tracing and/or other
investigatory service expenses, and the costs, fees, charges and/or
expenses arising out of any payment by any credit card, debit card
or any other payment medium, are hereby approved and shall be included,
upon incurrence, together with the applicable MCTLA unpaid claim.
(3)
Interest.
Interest will be assessed upon the unpaid claims at a rate of 10%
per annum and added to the unpaid claims. The Township is permitted
to waive any interest on any unpaid claim when the Township or any
attorney and/or third-party collector collecting the unpaid claim
believes, in its discretion, that such amount is de minimis or that
the cost or burden of continuing collection outweighs the benefit
of collecting the interest.
