[Ord. 97-5, 8/25/1997, § 1]
Township hereby approves the statement of collection policies,
for delinquent unpaid taxes, user charges and other items covered
by the Municipal Claims and Tax Liens Act, 53 P.S. § 7101
et seq., ("accounts"), or such other policies and administrative statements
as may be approved by the Board of Supervisors for the Township of
New Hanover by resolution or other formal enactment from time to time.
[Ord. 97-5, 8/25/1997, § 2]
1.
The Township 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 in § 3(a)(1) of the Municipal Claims
and Tax Liens Act, 53 P.S. § 7103(a)(1), Law as added by
Act No. 1 of 1996 (the "Act"):
|
Legal Services
|
Fee for Services
(Designated in Time for Service to be Billed at Approved
Rates)
| |
|---|---|---|
|
Initial review and sending first demand letter
|
0.50 hour
| |
|
Prepare and transmit second demand letter
|
0.30 hour
| |
|
Prepare and file lien
|
0.75 hour
| |
|
Prepare and file writ of scire facias
|
0.50 hour
| |
|
Obtain re-issued writ
|
0.33 hour
| |
|
Prepare and mail letter under Pa.R.C.P. No. 237.1
|
0.25 hour
| |
|
Prepare motion for alternate service
|
0.50 hour
| |
|
Prepare and file motion for summary judgment and related judgment
|
0.75 hour
| |
|
Prepare and file writ of execution
|
0.40 hour
| |
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
1.50 hour
| |
|
Services not covered above
|
Hourly amount equal to Solicitor's regular charges to Township
|
2.
There shall be added to the above amounts 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 part
of the fees.
3.
The amount of fees determined as set forth above shall be added to
the Township's claim in each account.
[Ord. 97-5, 8/25/1997, § 3; as amended by Ord.
00-3, 10/23/2000, § 1; and by Ord. 01-2, 5/14/2001, § 1]
1.
The following collection procedures are hereby established in accordance
with Act No. 1:
A.
Bills for the Township charges for trash and recycling will be mailed biannually. The due date will be 30 days from the billing date. A five-day grace period will apply prior to the imposition of any penalties as set forth in Subsection 1B.
B.
Should account debtor fail to satisfy the amounts due and owing to the Township or the New Hanover Sewer Authority (hereinafter the "Authority"), as applicable, for delinquent unpaid taxes, services, user charges, sewer rentals and other items covered by the Municipal Claims and Tax Liens Act or such other policies and administrative statements as may be approved by the Board of Supervisors, the account debtor shall be charged a 10% penalty against any unpaid balance, including any previous unpaid penalty, after the end of the five-day grace period as set forth in Subsection 1A above. Should the account debtor satisfy the current charge but fail to pay the penalty from the prior statement, the 10% penalty will be applied to the unpaid balance, including the penalty, as of the end of the grace period.
C.
For all delinquent Township trash and recycling accounts, sewer accounts
or other accounts not paid within the time period set forth above,
at least 30 days prior to assessing or imposing attorney's fees in
connection with the collection of the account, the Township or the
Authority, as applicable, 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").
D.
If, within 30 days after mailing the notice in accordance with the provisions of Subsection 1B above, 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 such attorney's fees, the Township or Authority shall mail, or caused to be mailed by first-class mail, a second notice to such account debtor.
E.
All notices required by this part shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Township, or such other address as may
be obtained from the Board of Assessment Appeals and/or the Montgomery
County Recorder of Deeds Office.
F.
(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 Township's or Authority's intent to impose
or assess attorney's 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's
fees may be avoided by payment of the account.
(4)
The place of payment for accounts and the name and/or title
of the Township or Authority official designated to be responsible
for collection matters.
G.
Should account debtor fail to satisfy the outstanding balance after
the notices described above, Township or Authority shall forward the
account information along with the balance owed to the Township Solicitor
or Authority Solicitor for appropriate collection action or for the
filing of a lien against the subject premises.
H.
For purposes of this part and the implementation of attorney's fees
to be charged to such collection activities, the Solicitor's hourly
rate shall be the same as that which would be otherwise chargeable
to the Township or Authority for other services rendered by the Solicitor
and as approved by the Board of Supervisors or Authority at their
annual reorganization meeting.
[Ord. 97-5, 8/25/1997; as added by Ord. 01-2, 5/14/2001,
§ 2; and as amended by Ord. 17-03, 3/27/2017]
Pursuant to 53 P.S. § 3102.502, if the owner or occupant
of premises served by any water utility, as defined in 53 P.S. § 3102.502,
shall neglect or fail to pay, for a period of 30 days or more from
the due date thereof, any rental, rate or charge for sewer, sewerage
or sewage treatment service imposed by the Township or Authority,
the Board Supervisors or Authority, as applicable, is hereby authorized
to request and direct such water utility to shut off the supply of
water to such premises until all such overdue rentals, rates and charges,
together with penalties and interest thereon, shall be paid. In no
case shall the water supply be shut off to any premises until 10 days
after written notice of an intention so to do has been mailed to the
person liable for payment of the rentals and charges, and in addition
thereto, there has been posted a written notice at a main entrance
to the premises. If, during such ten-day period, the person liable
for the payment of the rentals and charges delivers to the water utility
a written statement, under oath or affirmation, stating that he has
a just defense to the claim, or part of it, for such rentals or charges,
then the water supply shall not be shut off until such claim has been
judicially determined. This statement shall also contain a declaration
under oath or affirmation that it was not executed for the purpose
of delay.
[Ord. 97-5, 8/25/1997, § 4; as amended by Ord.
02-02, 1/28/2002, § 1]
1.
The proper officials of the Township are hereby authorized and empowered
to take such additional action as they deem necessary or appropriate
to implement this part.
