City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Monessen 10-28-2003 by Ord. No. 8-2003. Amendments noted where applicable.]
Municipal claims — See Ch. 20, Art. I.
Taxation — See Ch. 350.
The City 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, now known as Act 20 of 2003 (the "Act"):[1]
Legal Services
Fee for Services
Initial review and sending first demand letter
File lien and mailing second demand letter
Prepare writ of scire facias
Obtain reissued writ
Prepare and mail letter under Pa. R.C.P. 237.1
Prepare motion for alternate service
Prepare default judgement
Prepare writ of execution
Attendance at sale; review schedule of distribution and resolve distribution issues
Services not covered above
At an hourly rate between $60 and $225 per hour
Editor's Note: See 53 P.S. § 7101 et seq.
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.
The amount of fees determined as set forth above shall be added to the City's claim in each account.
The following collection procedures are hereby established in accordance with the Act:
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 "property owner").
If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing such attorney fees, the City shall mail or cause to be mailed, by first class mail, a second notice to the property owner.
All notices required by this chapter shall be mailed to the property owner's last known post office address as recorded in the records or other information of the City, 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 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;
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 City representative designated as responsible for collection matters.
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.