[Ord. 1994, 2/14/2005, § 1]
Any administrative fee incurred for mailing the notice of delinquency,
not to exceed $50, being a cost of collection under the Municipal
Claims and Tax Liens Act, shall be assessed.
[Ord. 1994, 2/14/2005, § 2]
Interest will be assessed upon all delinquent real estate taxes
at a rate of 10% per annum.
[Ord. 1994, 2/14/2005, § 3]
1.
The attorney fees and collection fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Act. The attorney fees and collection fees set forth below shall be included and added to the applicable MCTLA unpaid claim in an amount equal to the amount set forth in this Subsection 1.
[Amended by Ord. 2162, 2/21/2017; and by Ord. No. 2214, 8/8/2022]
A.
Attorney Fees.
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Initial review and sending first legal demand letter
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$175
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File lien and prepare satisfaction
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$250
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Prepare write of scire facias
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$250
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Prepare and mail letter under Pa. R.C.P. 237.1
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$50
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Prepare default judgment
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$175
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Research, prepare and obtain re-issued writ
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$175
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Prepare praecipe to amend
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$100
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Prepare motion to amend
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$150
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Prepare motion for alternate service
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$250
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Prepare motion to consolidate claims
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$250
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Amend claim to add United States as defendant
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$250
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Prepare writ of execution
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$800
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Preparation for sheriff sale; review schedule of distribution
and resolve distribution issues
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$400
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Prepare motion to continue Sheriff's sale
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$50
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Prepare petition for fee and clear sale
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$400
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Preparation and service of subpoena
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$100
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Presentation of motion or petition
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$50
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Services not covered above
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At an hourly rate between $75 to $275 per hour
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B.
(b) Collection Fees.
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Validation notice
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$25 per notice
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Notice of delinquent claim and fee shifting
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$40 per notice, plus
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Bookkeeping fee for payment plan of 3 months or less
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$25
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Bookkeeping fee for payment plan of more than 3 months
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$50
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Handling fee for returned check
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$25
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In addition to the Collection Fees set forth under Subsection 1(b) above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA Unpaid Claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA Unpaid Claim.
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2.
The amount of fees determined as set forth above is fair and reasonable
for the services to be provided and shall be added to the Borough
of Pottstown's claim in each account.
3.
There shall be added to the above amounts the reasonable out-of-pocket
charges, costs, expenses, commissions and fees, such as, but not limited
to, postage, title searches, prothonotary fees and sheriff fees.
4.
The amount of charges, expenses, commissions and fees determined
as set forth above shall be added to the Borough of Pottstown's claim
in each account.
5.
The Borough authorizes any attorney or private collector collecting
the unpaid taxes on behalf of the Borough to accept payment of the
unpaid taxes by credit card or debit card. Where payment is made by
credit card or debit card, any fees charged by the credit card or
debit card company and/or the credit card or debit card servicing
agent shall be charged immediately to the credit card or debit card
used to make the payment. This applies to credit card or debit card
payments made by mail, telephone, over the internet or in person.
[Added by Ord. 2162, 2/21/2017]
[Ord. 1994, 2/14/2005, § 4]
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 Borough of Pottstown
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 assessing or imposing such attorney fees, the Borough of
Pottstown shall mail or cause to be mailed, by first-class mail, a
second notice to the property owner.
C.
All notices required by this Part shall be mailed to the property
owner's last known post office address as recorded in the records
or other information of the Borough of Pottstown, 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 of Pottstown'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 of Pottstown representative designated as responsible
for collection matters.
[Ord. 1994, 2/14/2005, § 5]
The proper officials of the Borough of Pottstown are hereby
authorized and empowered to take such additional action as they may
deem necessary or appropriate to implement this Part.
[Added by Ord. 2162, 2/21/2017]
The Borough appoints Michelle R. Portnoff, Esq., and/or Charles
D. Garner, Jr., Esq., as solicitors, for the limited purpose of collecting
the unpaid taxes, and hereby authorizes them and attorneys under their
supervision to sign any and all documents, including municipal claims
and liens, on behalf of the Borough.
