Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-10-1978 by Ord. No. 78-1 (Ch. 1, Part 8B, of the 1986 Code)]

§ 156-1 Interest to be charged on taxes and certain claims.

[Amended 12-28-1979 by Ord. No. 79-5; 12-28-1981 by Res. No. 81-30; 11-15-1983 by Ord. No. 83-6]
On and after December 29, 1981, the interest rate which shall be charged and collected on a tax claim which is filed by the Borough of Lewistown as a tax lien to recover unpaid taxes of the Borough, or a municipal claim which is filed by the Borough of Lewistown as a municipal lien to recover unpaid refuse collection bills or fees, sewer rent bills or strength of waste surcharge bills or tappage permit fees due the Borough, shall be 10% per year, computed from the date on which the claim is filed as a lien.

§ 156-2 Interest on unpaid amounts and assessments for municipal projects.

[Added 12-28-1981 by Res. No. 81-30]
On and after December 29, 1981, the interest rate which shall be charged and collected on a municipal claim which is filed by the Borough of Lewistown as a municipal lien to recover unpaid amounts or assessments due the Borough for work done, improvements made, services rendered, benefits conferred or acquisitions made in connection with a municipal project which required the Borough of Lewistown to issue notes, bonds or other evidences of indebtedness to finance the project, shall be 12% per year or the rate of interest on the indebtedness of the Borough, whichever is less, computed from the date on which the work or the improvement was completed, the service was rendered, the benefit was conferred or the acquisition was made, as the case may be. In no event, however, shall the interest rate be less than the legal rate of interest of 6% per year.

§ 156-3 Interest on other claims.

[Added 12-28-1981 by Res. No. 81-30]
On and after December 29, 1981, the interest rate which shall be charged and collected on a municipal claim which is filed by the Borough of Lewistown as a municipal lien to recover unpaid amounts or assessments due the Borough for work done, improvements made, services rendered, benefits conferred, acquisitions made or nuisances removed and which is not within the scope of the types of municipal claims described in § 156-1 or 156-2, shall be 10% per year, computed from the date on which the work or the improvement was completed, the service was rendered, the benefit was conferred, the acquisition was made or the nuisance was removed, as the case may be.
[Adopted 3-11-2013 by Ord. No. 2013-1]

§ 156-4 Attorneys' fees to be charged.

Any property owner in the Borough of Lewistown who has not promptly paid any municipal charge owing to the Borough of Lewistown, for which the property becomes charged or assessed pursuant to the Municipal Claims and Liens Act, 53 P.S. § 7101 et seq., shall be charged an amount sufficient to compensate the Borough of Lewistown for its reasonable attorneys' fees incurred in the collection of such delinquent charges, which shall be in addition to any additional out-of-pocket costs incurred by the Borough for necessary expenses in connection therewith.

§ 156-5 Schedule of fees.

The attorneys' fees that will be charged pursuant to the preceding § 156-4 in the collection of delinquent charges, which are hereby determined to be fair and reasonable compensation for the services set forth below, in accordance with the Municipal Claims and Liens Act, 53 P.S. § 7101 et seq., shall be as follows:
Legal Services
Fees for Services
Preparation and filing of lien
$200
Title search
$300
Services not covered above
Hourly rate the Solicitor charges the Borough (currently $100 per hour)

§ 156-6 Notice of assessment or imposition of attorneys' fees.

A. 
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of any delinquent account, the Borough shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner of the property being so assessed a notice which includes the following:
(1) 
A statement of the Borough's intent to impose or assess attorneys' fees within 30 days of mailing the notice; and
(2) 
The manner in which the imposition or assessment of attorneys' fees may be avoided by the payment of the delinquent account.
B. 
If within 30 days of mailing the notice in accordance with Subsection A above the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorneys' fees in connection with the collection of a delinquent account, the Borough shall, by United States first class mail, postage prepaid, mail to the owner the notice required by this section which includes the following:
(1) 
A statement of the Borough's intent to impose or assess attorneys' fees within 30 days of mailing the notice; and
(2) 
The manner in which the imposition or assessment of attorneys' fees may be avoided by the payment of the delinquent account.
C. 
The notice required under this section shall be mailed to the owner's last known post office address by virtue of the knowledge and information possessed by the Borough of Lewistown and by the Mifflin County Assessment Office. It shall be the duty of the Borough to determine the owner's last post office address known to the Borough and the County Assessment Office.