[Adopted 4-16-2012 by Res. No. 2888]
A.
The City
of Warren hereby approves the hourly fee of $125 as fair and reasonable
attorneys' fees for all matters associated with the collection of
unpaid municipal charges, including but not necessarily limited to
the review of files, preparation of correspondence, filing of liens
and writs, filing of all motions and pleadings associated with any
action or appeal filed or litigated in the furtherance of the collection
of the municipal charges and all matters associated with the collection
of charges, judgments, liens and the like.
B.
There shall
be added to the above hourly attorney's fee the reasonable out-of-pocket
expenses of counsel in connection with each of the services as itemized
in the applicable counsel bills, which shall be deemed to be a part
of the fees. The amount of fees determined as set forth above shall
be added to the City's claim in each account. It is the intention
of the City that the aforesaid attorney's fee be imposed for all stages
of the collection matter, including but not limited to the imposition
of liens, the collection of claims or liens, and any applicable appeals.
C.
At all
stages of the matter, the City's Special Counsel is hereby authorized
to calculate the fees and charges above described and to include the
same as part of the collection of the claim or lien.
The attorneys' fees for the tasks set forth on Schedule A will in most instances be the corresponding fee also set forth on the schedule. In cases involving unusual complexity, the fee may exceed the charges set forth in Schedule A, and the said fee will be based upon the hourly rate set forth in § 305-1 above.
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Schedule A
Appendix of Typical Attorney Tasks and Corresponding Charges
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|---|---|
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Review of Courthouse records regarding ownership
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$120
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Review of account debtor's file, calculate charges, do collection
letter
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$80
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Review of procedure, calculate interest, prepare municipal lien,
update Courthouse records, file proof of service, prepare praecipe
for writ of scire, attend to filing and service
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$375
|
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Motion for judgment and write of execution, examine Courthouse
records regarding lien and ownership of property, complete execution
process papers, attend to filing and service, attend sale, review
schedule of distribution and resolve distribution issues
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$875
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Water shutoff for nonpayment of sewage fees (no tenant)
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$300
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Water shutoff for nonpayment of sewage fees (tenant)
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$600
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A.
At least
30 days prior to assessing or imposing attorneys' 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 property owner or other entity liable for the
account ("account debtor").
B.
If within 15 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 30 days prior to the assessing or imposing of such attorneys' fees, the City 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 City or such other address as it may 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 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 attorneys' fees within 30
days after the mailing of the first notice or within 30 days after
the mailing of the second notice.
(3)
The
manner in which the assessment or imposition of attorneys' fees may
be avoided by payment of the account.
(4)
The
place of payment for accounts and the name and telephone number of
the City official designated as responsible for collection matters.
(5)
Notice
to the account debtor of the manner in which dispute of the amount
owed may be raised.
