[HISTORY: Adopted by the City Council of the City of Monessen 10-28-2003
by Ord. No. 8-2003. Amendments noted where applicable.]
A.
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
|
$160.00
| |
|
File lien and mailing second demand letter
|
$175.00
| |
|
Prepare writ of scire facias
|
$175.00
| |
|
Obtain reissued writ
|
$30.00
| |
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
$30.00
| |
|
Prepare motion for alternate service
|
$175.00
| |
|
Prepare default judgement
|
$175.00
| |
|
Prepare writ of execution
|
$800.00
| |
|
Attendance at sale; review schedule of distribution and resolve distribution
issues
|
$400.00
| |
|
Services not covered above
|
At an hourly rate between $60 and $225 per hour
|
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
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 City's claim in each account.
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 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").
B.
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.
C.
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.
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 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;
(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 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.
