[Adopted 10-14-1996 by Ord. No. 1996-8]
By Act 1 of 1996, the General Assembly amended the Municipal Claim and
Tax Lien Law Act of May 16, 1923, P.L. 207, No. 153,[1] as amended, to specifically authorize inclusion of attorneys'
fees incurred in the collection of delinquent accounts as part of a municipal
lien. Act 1 requires that municipalities by ordinance adopt a schedule of
attorneys' fees. Act 1 further requires that, prior to imposing attorneys'
fees, the municipality must notify the owner of the property with the delinquent
account by certified mail of the municipality's intent to recover these
fees and the manner by which assessment of the fees may be avoided by payment
of the delinquent account. It is the intention of the Board of Supervisors
in enacting this article to comply with the requirements of Act 1 of 1996.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
Unless otherwise stated, the following words shall, for the purpose
of this article, have the meanings herein indicated:
Any sums due and owing to the township which have not been paid within
the time required by the township's ordinances, resolutions, rules, regulations
or policies including, but not limited to, charges for trash collection, water
service, removal of nuisances, or any other charge which may lawfully be imposed
by the township and for which a municipal claim may be filed.
The hourly fee charged by the Township Solicitor to the township
consistent with the ordinary and customary charges by the Township Solicitor
for similar services in the community, but in no event shall the hourly rate
exceed the rate charged by the Township Solicitor to the township when fees
are not reimbursed by or otherwise imposed upon delinquent customers to the
township.
The Township of Lancaster, Lancaster County, Pennsylvania.
The person or law firm appointed by the Board of Supervisors to serve
as legal counsel to the township in accordance with Section 1101 of the Second
Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 66101.
The Board of Supervisors specifically authorizes the recovery of attorneys'
fees incurred by the township in the collection of delinquent accounts from
the person or persons who are responsible for the payment of such delinquent
accounts. The Board of Supervisors authorizes the Township Secretary or the
Assistant Secretary to take all actions required by applicable law to enable
the township to recover attorneys' fees incurred from the persons responsible
for this cost and to include such attorneys' fees in municipal claims.
This authorization includes, but is not limited to, sending notification to
such persons of the intention of the township to impose attorneys' fees
incurred in collection efforts upon such persons.
[Amended 4-11-2005 by Ord. No. 2005-1]
A.
All delinquent accounts and obligations which may be
subject to lien pursuant to the Municipal Claims and Tax Liens Act (the Act
of May 16, 1923, P.L. 207, as amended), or any other statute or authority
which shall permit the filing of liens or collection of municipal claims and
obligations, which accounts and obligations shall not have been paid for 30
days after a notice or invoice showing the amount due, shall bear interest
at the rate of 10% from the date of the invoice.
B.
The following fees shall be charged by the Township Solicitor
for each service liened against properties and paid by delinquent account
holders in connection with each delinquent and overdue account, as defined
by the statute, owed to the Township for each municipal service, including
but not limited to charges for removing trash and refuse, removing nuisances,
mowing, cleaning properties, repairs to properties, sidewalks, streets, curbing
or related structures, or any other service which may be subject to liens.
(1)
Open file, review the account, confirm ownership of property
by deed only and forward a demand letter: $200;
(2)
Prepare and file certificate of service, praecipe for
entry of appearance and municipal claim, pursuant to 53 P.S. § 1701
et seq., together with the correspondence thereon, as required: $500;
(3)
Prepare and file a praecipe for seire facias, together
with any supporting correspondence, as required: $500;
(4)
Prepare and file a default judgment, together with any
supporting correspondence, as required: $500;
(5)
Prepare and file amended liens; writ of revival, together
with supporting correspondence: $500 (each lien);
(6)
Prepare and file writ of execution for sheriff's
sale: $1,000;
(7)
Miscellaneous letters and telephone calls to mortgage holders, checking records for accurate title information, other than simply photocopying deed per Subsection B(1); contacts with title companies and others regarding payoff figures; checking records to obtain mortgage information; settlement letters and documents necessary to remove liens; preparation of proofs of claim for bankruptcy. The aforesaid and other miscellaneous services (if any) will be billed at the hourly rate of $150 per hour, or such higher rate which shall be charged by the Solicitor for other legal services provided to the Township.
C.
All court costs as they shall be from time to time fixed
by the Prothonotary or other office of the court system shall also be the
obligation of the property owner(s), in addition to the foregoing fees.
D.
The Township may include such costs, fees and interest
in all claims and liens filed pursuant to the Municipal Claims and Tax Liens
Act (the Act of May 16, 1923, P.L. 207, as amended) or any other statute or
authority which shall permit the filing of liens or collection of municipal
claims and obligations.
E.
The costs, fees and interest shall apply to all accounts
and obligations which are now delinquent or which shall become delinquent
in the future. Interest shall begin to run from the effective date of this
section.
The services and minimum times expended by the Township Solicitor for the services set forth in § 247-26 of this article are based upon the experience of the Township Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Township Solicitor to perform additional or more time consuming services than contemplated by § 247-26, it is the intention of the township to recover all of its attorneys' fees so incurred. Such actions include, but are not limited to, filing of counterclaims, challenging the legal power of the township to impose and collect the fee, rate, charge or other cost or similar actions.
