Borough of Malvern, PA Fees

The Borough Council of Malvern hereby ordains that the Malvern Borough Permit and Licensing Schedule shall be established by resolution, from time to time, by the Borough of Malvern and available at Malvern Borough Hall for inspection.

The Borough may, from time to time, by resolution, enact and revise fees required and collected by the Borough.

[Added 10-4-2005 by Ord. No. 2005-5]

§ 101-2 When effective; continuation.

This Amendatory Ordinance shall be effective upon the first day of the first fiscal year following adoption hereof, and shall continue from year to year unless and until amended, revoked or superseded by a subsequent ordinance specifically providing for the same.

Article II Attorneys’ Fees, Costs and Expenses, and Interest

[Adopted 1-16-2001 by Ord. No. 2001-4; amended 11-1-2016 by Ord. No. 2016-15]

§ 101-3 Authorization.

The Borough hereby adopts a schedule of attorneys' fees ("Schedule of Fees") which shall apply and be imposed on and in connection with the collection of all municipal claims/liens, as defined in and permitted by the Municipal Claim and Tax Lien Law, 53 P.S. § 7101, et seq., and as may permitted by any other enabling legislation, ordinance, or act, from persons and property owing such municipal claims/liens. The imposition of any attorneys' fees under this Section shall be in accordance with the requirements of the Municipal Claim and Tax Lien Law relating to notice to the owner(s) of the subject property(ies), if applicable.

§ 101-4 Schedule of Fees.

[Amended 2-7-2006 by Ord. No. 2006-2; 3-16-2010 by Ord. No. 2010-1]

The Schedule of Fees which follows is determined to be fair and reasonable compensation for the services set forth below:

Schedule of Fees
Legal Services	Fees
Filing of lien and/or municipal claim	$185
Title search	$350 (or actual rate charged by a title insurance agent to perform such service)
Preparation and service of writ of scire facias	$500
Required additional notice and presentation of related motions regarding federal tax liens, judgments, and mortgages	$185
Alternative service of legal pleading	$350
Entry of judgment	$185
Preparation of writ of execution and attendance at initial Sheriff's sale	$875
Review of schedule of distribution and resolving of distribution issues	$700
Preparation of installment payment agreement at taxpayer's/owner's expense	$350
Services not covered by the above	$135/hour, Attorney $75/hour, Paralegal

§ 101-5 Out-of-pocket expenses.

In addition to the fees listed above, there shall be added to any of the above amounts imposed, any and all reasonable out-of-pocket expenses of counsel in connection with each of these services, including any and all costs and/or fees of the Chester County Prothonotary and/or Sheriff. The amount of the fees and/or costs determined to be applicable to a particular delinquent account, shall be added to said account.

§ 101-6 Interest.

Interest, at the rate of 10% per annum, or at such other rate or amount of interest that is the maximum interest permitted by applicable law from time to time if different, shall be imposed, assessed, and collected on all municipal claims/liens filed by or on behalf of the Borough. Said interest shall be imposed, assessed, and collected on the total sum or amount due and owing or on the sum or amount remaining due and owing after partial payment thereon until the full and total amount of the subject municipal claim/lien, including any interest accrued thereupon, is paid in full.

§ 101-7 Construction and interpretation.

The words, phrases, and provisions of this article shall be liberally construed to effectively carry out the purposes that are hereby found and declared to be in the furtherance of the public health, safety, welfare, and convenience.

§ 101-8 Repealer.

Any ordinance, resolution, regulation, and/or code sections or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. All other provisions of any ordinance, resolution, regulation, and/or code sections or parts thereof not in conflict herewith shall remain in full force and effect.

§ 101-9 Severability.

The provisions of this article are hereby declared to be severable. If any article, section, subsection, paragraph, clause, phrase, and/or provision of this article shall be held to be or declared to be invalid or unconstitutional, in whole or in part, the same shall not affect the validity of this article as a whole or any parts or provisions hereof other than the part(s) or provision(s) which are expressly determined to be invalid or unconstitutional.