[HISTORY: Adopted by the Borough Council
of the Borough of Bridgeport 10-14-1997 by Ord. No. 97-549, approved 10-14-1997. Amendments
noted where applicable.]
Borough hereby approves the Statement of Collection
Policies for delinquent unpaid taxes, user charges, and other items
covered by the Municipal Claims and Tax Liens Act ("accounts"), as
presented to this meeting, and which is to be filed with the enacted
counterpart of this chapter.
[1]
Editor's Note: The Statement of Collection
Policies is included at the end of this chapter.
A.
The Borough hereby approves the following schedule
of attorneys' fees for services in connection with the collection
of 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
and Tax Liens Law,[1] as amended:[2]
|
Legal Services
|
Fee
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$25
| |
|
Mailing second demand letter
|
$25
| |
|
File lien
|
$75
| |
|
Prepare writ of scire facias
|
$250
| |
|
Prepare and mail letter under Pa.R.C.P. § 237.1
|
$25
| |
|
Prepare motion for alternate service
|
$150
| |
|
Prepare motion for summary judgment and related
judgment
|
$500
| |
|
Prepare writ of execution
|
$150
| |
|
Attendance at sale; review schedule of distribution
and resolve distribution issues
|
$250
| |
|
Services not covered above
|
Hourly amount equal to Solicitor's regular charges
to Borough
|
B.
There shall be added to the above amounts the reasonable
out-of-pocket expenses of counsel in connection with each of these
services, as itemized in the applicable counsel bills, which shall
be deemed to be part of the fees.
C.
The amount of fees determined as set forth above shall
be added to the Borough's claim in each account.
The following collection procedures are hereby
established:
A.
At least 30 days prior to assessing or imposing attorneys'
fees in connection with the collection of an account, the Borough
shall mail or cause to be mailed by certified mail, return receipt
requested, a notice of such intention to the taxpayer or other entity
liable for the account (the "account debtor").
B.
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then, at least 10 days prior to the assessing or imposing of such attorneys' 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 chapter 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 tax or other charge, the date it became
due and the amount owed, including penalty and interest;
(2)
A statement of the Borough's intent to impose or assess
attorneys' fees within 30 days after the mailing of the first notice
or within 10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of
attorneys' fees may be avoided by payment of the account; and
(4)
The place of payment for accounts and the name and
telephone number of the Borough official designated as responsible
for the collection matters.
The proper officials of the Borough are hereby
authorized and empowered to take such additional action as they may
deem necessary or appropriate to implement this chapter.
The Council of the Borough of Bridgeport reserves
the right to amend the provisions set forth in this chapter. Nothing
contained herein is intended to waive the right of the Borough to
amend this chapter.
