Borough of Spring Grove, PA Chapter 259 Municipal Claims and Liens

[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove as indicated in article histories. Amendments noted where applicable.]

Article I Attorney Fees

[Adopted 3-2-1998 by Ord. No. 3-1998 (Ch. 122, Art. VIII, of the 1985 Code)]

§ 259-1 Statement of policy.

It is the policy of the Borough to collect delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act, 53 P.S. § 7101 et seq. ("account") and, as one option in collecting such taxes, to pursue collection of such accounts through the Municipal Claims Act and to collect such charges in conjunction with such collection as are permitted by law.

§ 259-2 Schedule of fees.

A. The Borough hereby approves the following schedule of attorney fees for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for the services set forth below, all in accordance with the principles set forth in Section 3(a.1) of the Municipal Claims Act as added by Act No. 1 of 1996 (the "Act"):

	Legal Services	Fee for Services
	Initial review and sending first demand letter	$40
	File lien and mailing second demand letter	$40
	Prepare writ of scire facias	$32
	Obtain reissued writ	$24
	Prepare and mail letter under Pa.R.C.P. § 237.1	$16
	Prepare motion for alternate service	$40
	Prepare motion for summary judgment and related judgment	$80
	Prepare writ of execution	$24
	Attendance at sale; review schedule of distribution and resolve distribution issues	$160
	Services not covered above	Hourly amount equal to Solicitor's regular charges to Borough

B. There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.

C. The amount of fees determined as set forth above shall be added to the Borough's claim in each account.

§ 259-3 Collection procedures.

The following collection procedures are hereby established in accordance with Act No. 1:

A. At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, the Borough shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer or other entity liable for the account (the "account debtor").

B. If within 30 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 10 days prior to the assessing or imposing of such attorney's fees, the Borough 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 Borough, or such other address as it may be able to 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 tax or other charge, the date it became due and the amount owed, including penalty and interest;

(2) A statement of the Borough's intent to impose or assess attorney fees within 30 days after the mailing of the first notice, or within 10 days after the mailing of the second notice;

(3) The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and

(4) The place of payment for accounts and the name and telephone number of the Borough official designated as responsible for collection matters.

§ 259-4 Related action authorized.

The Tax Collector or Borough Manager or other designated official of the Borough is hereby authorized and empowered to take such additional action as he may deem necessary or appropriate to implement this article.