Borough of Elizabethtown, PA
Lancaster County
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Table of Contents
Table of Contents
[Ord. 776, 3/20/1997, § 2]
The Municipal Claims and Tax Lien Law, as amended by Act 1-1996, provides in part that charges, expenses and fees incurred in the collection of any delinquent account, including reasonable attorney fees under said Act may be added to the amount of municipal claims for failure to pay promptly. Said Act further provides in part that "attorney fees incurred in the collection of any delinquent account shall be in an amount sufficient to compensate attorneys undertaking collection and representation of a municipality and actions involving claims arising under this Act. A municipality by ordinance . . . . shall adopt the schedule of attorney fees." This Part is intended to and shall adopt a schedule of attorney fees for said representation of the Borough in actions involving municipal claims.
[Ord. 776, 3/20/1997, § 3; as amended by Ord. 972, 2/18/2016]
Attorney fees to be charged in any matter involving municipal claims actions shall be calculated and included at 10% of the amount of the past due balance sought to be collected but in no event less than $300 per claim.
[Ord. 776, 3/20/1997, § 4]
Any time attorney fees are awarded pursuant to any provision of law, then the Borough shall not be entitled to duplicate recovery of attorney fees under this Part.
[Ord. 776, 3/20/1997, § 5]
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of a delinquent account, the Borough shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner the notice required by § 507 of this Part.
[Ord. 776, 3/20/1997, § 6]
If within 30 days of mailing the notice in accordance with the foregoing, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney fees in connection with the collection of a delinquent account, the Borough shall, by United States First Class Mail, mail to the owner the notice required by this Part.
[Ord. 776, 3/20/1997, § 7]
The notice required by this Part shall be mailed to the owner's last known post office address by virtue of the knowledge and information possessed by the Borough and by the Lancaster County office responsible for assessments and revisions of real estate taxes. It shall be the duty of the Borough to determine the owner's last known address known to the said Tax Collector and/or Lancaster County Assessment Office.
[Ord. 776, 3/20/1997, § 8]
The notice to the owner shall include the following:
A. 
A statement of the Borough's intent to impose or assess attorneys fees within 30 days of the mailing of the certified mail notice set forth above or within 10 days of mailing of the regular mail notice sent out in accordance with the foregoing.
B. 
The manner in which the imposition of assessment of attorney fees may be avoided by payment of the delinquent account.
[Ord. 776, 3/20/1997, § 10]
Nothing contained in this Part shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause of action existing prior to the enactment of this Part.