City of Pottsville, PA Chapter 89 Attorney Fees

[HISTORY: Adopted by the City Council of the City of Pottsville 10-12-1998 by Ord. No. 603. Amendments noted where applicable.]

§ 89-1 Statement of policies.

The city hereby approves the statement of collection policies, for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act[1] ("accounts"), as presented to this meeting, and which is to be filed with the enacted counterpart of this chapter.

[1] Editor's Note: See 53 P.S. § 7101 et seq.

§ 89-2 Schedule of fees.

A. The city hereby approves the following schedule of attorney fees for services in connection with the collection of an account, 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]:

	Legal Services	Fee for Services
	Initial review and sending first demand letter	$50
	File lien and mailing second demand letter	$75
	Prepare writ of scire facias	$200
	Obtain reissued writ	$100
	Prepare and mail letter under Pa.R.C.P. § 237.1	$50
	Prepare motion for summary judgment and related judgment	$350
	Prepare writ of execution	$250
	Attendance at sale; review schedule of distribution and resolve distribution issues	$350
	Services not covered above	Hourly amount equal to Solicitor's regular charges to the city ($125)

[1] Editor's Note: See 53 P.S. § 7101 et seq.

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 application 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 city's claim in each account.

§ 89-3 Collection procedures.

The following collection procedures are hereby established in accordance with Act No. 1:

A. At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, the city 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 attorney fees, the city 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 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 city's intent to impose or assess attorney 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 attorney 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 city official designated as responsible for collection matters.

§ 89-4 Related action authorized.

The proper officials of the city are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this chapter.