[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra 7-27-2009 by Ord. No. 707. Amendments noted where applicable.]
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, as
amended, 53 P.S. § 7101 et seq., 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
and municipal authorities adopt a schedule of attorneys' fees.
Act 1 further requires that, prior to imposing attorneys' fees,
the municipality or municipal authority notify the owner of the property
with the delinquent account by certified mail of the municipality's
or municipal authority's intent to recover these fees and the
manner by which the assessment of the fees may be avoided by payment
of the delinquent account. It is the intention of Council in enacting
this chapter to comply with the requirements of Act 1 of 1996.
Unless otherwise stated, the following words shall, for the
purposes of this chapter, have the meanings herein indicated:
Palmyra Borough, Lebanon County, Pennsylvania.
The person or law firm appointed by Borough Council to serve
as legal counsel to the Borough.
Any sums due and owing to the Borough which have not been
paid within the time required by the Borough's ordinances, resolutions,
rules, regulations or policies including, but not limited to, sewer
rates and trash and recyclable collection and disposal services, or
any other charge which may lawfully be imposed by the Borough and
for which a municipal claim may be filed.
The hourly fee charged by the Borough Solicitor to the Borough
consistent with the ordinary and customary charges by the Borough
Solicitor for similar services in the community, but in no event shall
the hourly rate exceed the rate charged by the Borough Solicitor to
the Borough when fees are not reimbursed by or otherwise imposed upon
delinquent customers of the Borough.
Council specifically authorizes the recovery of attorneys'
fees incurred by the Borough in the collection of delinquent accounts
from the person or persons who are responsible for the payment of
such delinquent accounts. Council authorizes the Borough Manager,
Borough Secretary or the Assistant Secretary to take all actions required
by applicable law to enable the Borough 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 Borough to impose attorneys' fees incurred
in collection efforts upon such persons.
The Borough shall impose attorneys' fees upon persons who
have delinquent accounts in accordance with the following schedule
of the minimum time required by the Borough Solicitor for the listed
service times the hourly rate of the Borough Solicitor in effect at
the time the Borough Solicitor performed the service on behalf of
the Borough:
|
Service
|
Minimum Time
(tenths of hours)
|
|---|---|
|
Prepare collection letter, including review of Borough information
|
0.4
|
|
Obtain and review deed of property
|
0.2
|
|
Prepare certification of amount owing to Borough and transmit
certification to Borough
|
0.3
|
|
Prepare municipal lien
|
0.5
|
|
File municipal lien
|
0.2
|
|
Forward copy of municipal lien to Borough
|
0.2
|
|
Prepare civil action complaint before Magisterial District Judge
for collection of account
|
0.7
|
|
Prepare for and attend hearing before Magisterial District Judge
concerning civil action to collect delinquent account
|
2.5
|
|
Prepare and file satisfaction of municipal lien
|
0.2
|
The services and minimum times expended by the Borough Solicitor for the services set forth in § 238-4 of this chapter are based upon the experience of the Borough Solicitor and upon standard collection practices. Should the person or persons responsible for payment of a delinquent account take action which will require the Borough Solicitor to perform additional or more time consuming services than contemplated by § 238-4, it is the intention of the Borough 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 Borough to impose and collect the fee, rate, charge or other cost or similar actions.
All delinquent accounts and obligations which may be subject
to lien pursuant to the Municipal Claims and Tax Liens Act, Act of
May 16, 1923, P.L. 207, No. 153, as amended, 53 P.S. § 7101
et seq., or any other statute, rule, regulations, or authority which
shall permit the filing of liens or collection of municipal claims
and obligations, shall be subject to interest at the rate of 10% per
annum from the date of the filing of the municipal lien.
All court costs, filing fees, service fees, and similar costs,
fees, and charges shall be the obligation of the property owner and
shall, to be extent allowed by law, be included in any municipal lien.
