[HISTORY: Adopted by the Borough Council
of the Borough of Milton as indicated in the article histories. Amendments
noted where applicable.]
[Adopted 10-13-2004 by Ord. No. 1150]
Borough hereby approves the Statement of Collection
Policies for delinquent unpaid taxes, recycling fees, user charges
and other items covered by the Municipal Claims Act ("accounts"),
as presented to this meeting, and which is to be filed with the enacted
counterpart of this article.
A.
The Borough hereby approves the following schedule
of attorney fees for services in connection with the collection of
accounts, 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"), 53 P.S. § 7106 (a.l):
|
Legal Services
|
Fee for Services
|
|---|---|
|
Initial review and sending first demand letter
|
$15
|
|
File lien and mailing second demand letter
|
$50
|
|
Prepare writ of scire facias
|
$50
|
|
Obtain reissued writ
|
$15
|
|
Prepare and mail letter under Pa. R.C.P. § 237.1
|
$30
|
|
Prepare motion for alternate service
|
$100
|
|
Prepare motion for summary judgment and related
judgment
|
$150
|
|
Prepare writ of execution
|
$250
|
|
Attendance at sale; review schedule of distribution
and resolve distribution issues
|
$400
|
|
Services not covered above
|
Hourly amount equal to Solicitor's regular charges
to Borough
|
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 in each account.
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 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").
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 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.
C.
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.
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 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;
(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 Borough official 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.
