[HISTORY: Adopted by the Borough Council of the Borough of
Munhall 5-15-1996 by Ord. No. 1396; amended in its entirety 10-16-2019 by Ord. No.
1596. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 394.
This chapter shall be known as the "Municipal Claim and Tax
Collection Ordinance."
Hereinafter, for every delinquent claim, charge, tax, assessment,
levy or obligation owed to the Borough, there shall be added to such
claim, charges, tax, assessment, levy or obligation (hereinafter referred
to as "delinquencies") reasonable attorney's fees, charges and
expenses incurred in the collection process. All attorney's fees
will be charged subsequent to proper notification to taxpayers of
the intent to impose attorney's fees on said delinquencies. Such
additional attorney's fees, charges and expenses shall be collected
in addition to such interest and penalties as are allowed by law.
The cost, charges and reasonable attorney's fees shall further
be collected in the same manner and with the full authority as other
municipal claims of any nature and shall be deemed to be a municipal
claim and collectable and liened as such.
Such fees shall be reasonable and the same are hereby established
in a fee rate as attached hereto and made a part hereof as Schedule
A.[1] Said schedule of fees is hereby deemed reasonable, fair
and necessary in order to allow the Borough to collect those sums
that are due and owing. This schedule may be amended by resolution.
[1]
Editor's Note: Schedule A is included as an attachment
to this chapter.
Any person or entity empowered to collect sums on behalf of
the Borough is directed to add such fees as are incurred to the extent
allowed and set forth on Schedule A. Such sums collected pursuant
to this chapter shall be in addition to any tax, municipal fee, penalty,
interest, costs or fees already part of the delinquencies by operation
of law or ordinance.
Attorney's fees incurred to the extent set forth in Schedule
A shall be added to all unpaid delinquencies of any nature arising
or imposed subsequent to the date of adoption of this chapter or which
become delinquent or are redetermined to be delinquent subsequent
to this date. Prior to the time when such fees are added to the delinquencies,
the delinquent tax and garbage fee collector shall first give the
delinquent account holder such notice as required by law. The delinquent
tax and garbage fee collector or other collector shall so notify the
delinquent account holder by sending such notice to the delinquent
account holder's last known address by mailing notices in the
manner prescribed by the Act 20 of 2003, enacted August 14, 2003,
53 P.S. § 7101 et seq., as amended.
The designated delinquent tax and garbage fee collector for
the Borough is hereby authorized and given the discretionary authority
to engage attorneys of the designated delinquent tax and garbage fee
collector, or any 511 tax account or any other attorney, to pursue
any claims or to defend against any action that the delinquent tax
and garbage fee collector or 511 tax collector deems appropriate.
This chapter relates to costs incurred in collection of delinquent
realty tax, delinquent garbage, and delinquent 511 accounts. Any account
that is not paid on or before the due date is hereby declared to be
a delinquent account. The costs of collection that are to be assessed
to the delinquent account holder, and to be paid by the delinquent
account holder, are to be paid directly to the designated Borough's
collector of delinquent realty taxes, delinquent garbage fees and
511 taxes and shall be kept by the aforesaid collector and/or the
attorneys who prosecute the claims as payment for the fees of collection.
Any cost prepaid by the Borough that is recovered from the delinquent
account holder shall be reimbursed to the Borough from the monies
that were recovered from and paid by the delinquent account holder
or from the proceeds of any sheriff sale or judgment.
If a final decision of a court of competent jurisdiction holds
any provisions of this chapter, or the application of any provision
of this chapter to any circumstances, to be illegal or unconstitutional,
the other provisions of this chapter, or the application of such provision
to other circumstances, shall remain in full force and effect. The
intention of the members of Council is that the provisions of this
chapter shall be severable and that this chapter would have been adopted
if any such illegal or unconstitutional provisions had not been included.
Any ordinance or parts of any ordinance or resolutions conflicting
with the provisions of this chapter are rescinded insofar as the conflict
exists.
