[Adopted 5-10-2001 by Ord. No. 1127]
[Amended 5-12-2005 by Ord. No. 1169; 12-12-2006 by Ord. No. 1190]
Hereinafter, for every delinquent claim, charge, tax, assessment, levy or obligation owed to the Borough of Homestead, there shall be added to such claim, charge, tax, assessment, levy or obligation such attorney's fees, charges, and expenses incurred in the collection process subsequent to proper notification to taxpayers of the intent to impose attorney's fees on delinquent obligations. Such additional charges shall be collected in addition to such interest and penalties as are allowed by law. They shall further be collected in the same manner and with the full authority as other municipal claims of any nature, and shall be deemed to be a municipal claim and collectable and lienable as such.
The following schedule of fees set forth herein is hereby deemed to be reasonable, fair and necessary in order to allow the Borough to collect such sums due it and may be amended by resolution:
Delinquent account servicing fee, including records imaging and detailed recordkeeping, office staffing, computer equipment and software, office space, telephone, printing and imaging equipment, and supplies used to generate delinquent notices and to establish monthly payment plan (10% of tax, penalty and interest due), minimum charge: $50.
Prepare and mail thirty-day delinquent notice: $50.
Prepare District Justice complaint: $75.
Preparation of District Justice hearing: $150.
Docketed District Justice hearing: $100.
Scheduled or posted constable execution sale: $350.
Prepare arbitration complaint: $150.
Prepare general docket proceeding: $375.
Trial, arbitration or mediation: $350.
Negotiate and prepare subsequent payment plan agreement: $75.
Prepare writ of scire facias sur tax lien in furtherance of Sheriff tax sale: $600.
Sheriff sale claim notice: $50.
Prepare reissue writ: $125.
Title search for Sheriff sale: $250.
Title search bringdown: $50.
Enter default judgment: $225.
Issue writ of execution in Sheriff sale: $700.
Sheriff sale/trial postponement: $100.
Scheduled or posted Sheriff sale: $500.
Special search for defendant locale: $100.
Motion for alternate service: $200.
Services not covered above shall be at an hourly rate between $60 and $225 per hour.
Any person or entity empowered to collect sums on behalf of the Borough is directed to add such fees as are incurred to the extent allowed and set forth above. Such sums collected pursuant to this section shall be in addition to any fax, penalty, interest, costs or fees already part of the delinquent account or assessment.
Attorney fees incurred to the extent set forth above shall be added to all unpaid real estate tax claims of any nature arising or imposed subsequent to the date of adoption of this section, or which become delinquent or are redetermined to be delinquent subsequent to this date. Prior to the time when such fees are added to any underlying claim, the Tax Collector shall first give the taxpayer such notice as required by law. The Tax Collector or other collector shall so notify the taxpayer by sending such notice to the taxpayer's last known address by mailing notices in the manner prescribed by the Act of the Pennsylvania General Assembly known as Act 20 of 2003.
Editor's Note: See the Municipal Claim and Tax Lien Law, 53 P.S. § 7101.
The following collection procedures are hereby established in accordance with Act No. 1:
At least 30 days prior to assessing or imposing attorney 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").
If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing such attorney fees, the Borough shall mail or cause to be mailed, by first-class mail, a second notice to such account debtor.
All notices required by this article 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.
Each notice as described above shall include the following:
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
A statement of the Borough'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;
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
The place of payment for accounts and the name and telephone number of the Borough representative designated as responsible for 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 article.