[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton 12-15-1997 by Ord. No. 474. Amendments noted where
applicable.]
A.
The Borough of Lehighton (hereinafter referred to
as "the borough") hereby approves the following Schedule of Attorney
Fees for services in connection with the collection of unpaid and
delinquent charges for municipal services provided by the borough,
which is 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 the
Act:[1]
|
Legal Services
|
Fee for Services
|
|---|---|
|
Initial review and any necessary research
|
$75 per hour
|
|
Sending demand letter(s)
|
$75 per hour
|
|
Services in connection with the collection of
unpaid and delinquent charges for municipal services not covered above
|
$75 per hour
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
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 or lien for unpaid and delinquent
charges for municipal services in each instance.
The following collection procedures are hereby
established in accordance with the Act:
A.
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of any unpaid and delinquent charges for municipal services, the borough shall mail, or cause to be mailed, by certified mail, return receipt requested, a notice of intent to assess attorney fees, as described in Subsection D below, to the individual or other entity liable for the unpaid and delinquent charges for municipal services (hereinafter referred to as "the account debtor").
B.
If the certified mail described in Subsection A above is returned marked "refused" or "unclaimed," then, at least 10 days prior to the assessing or imposing of attorney fees, the borough shall mail, or cause to be mailed, by first class mail, a second notice to the account debtor.
C.
All notices required by this chapter shall be mailed
to the account debtor's last known post office address by virtue of
the knowledge and information possessed by the borough.
D.
Each notice of intent to assess attorney's fees as
described above shall include the following:
(1)
The nature of the unpaid and delinquent charges for
municipal services, the date it became due and the amount owed, including
any applicable penalties and interest;
(2)
A statement of the borough's intent to impose or assess
attorney fees at the expiration of 30 days after the mailing of the
first notice, or at the expiration of 10 days after the mailing of
the second notice, if applicable;
(3)
The manner in which the assessment or imposition of
attorney fees may be avoided by payment of the unpaid and delinquent
charges for municipal services; and
(4)
The place for payment of the unpaid and delinquent
charges for municipal services and the name and telephone number of
the individual designated by the borough as responsible for collection
of unpaid and delinquent charges for municipal services.
