[HISTORY: Adopted by the Board of Supervisors of the Township
of Warrington as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 318.
[Adopted 11-22-2016 by Ord. No. 16-O-11;[1] amended in its entirety 2-12-2019 by Ord. No. 2019-O-04]
[1]
Editor's Note: The enabling clause for this ordinance provided:
"to be fair to all property owners in Warrington Township it is necessary
for the Township to recover promptly unpaid, delinquent water, sewer
and tapping fees (the "unpaid claims"), if necessary, by legal proceedings..."
[Amended 11-15-2022 by Ord. No. 2022-O-12]
The Township hereby approves the following fee schedule for
the collection of the unpaid claims, which fees shall be added to
the unpaid claims:
A.
Legal fees.
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Initial review and sending first legal demand letter
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$175
|
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File lien and prepare satisfaction
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$250
|
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Prepare writ of scire facias
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$250
|
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Prepare and mail letter under Pa. R.C.P. 237.1
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$50
|
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Prepare default judgment
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$175
|
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Research, prepare and obtain reissued writ
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$175
|
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Prepare praecipe to amend
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$100
|
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Prepare motion to amend
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$150
|
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Prepare motion for alternate service
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$250
|
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Prepare motion to consolidate claims
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$250
|
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Amend claim to add United States as defendant
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$250
|
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Prepare writ of execution
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$800
|
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Preparation for sheriff's sale; review schedule of distribution
and resolve distribution issues
|
$400
|
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Prepare motion to continue sheriff's sale
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$50
|
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Prepare petition for free and clear sale
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$400
|
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Preparation and service of subpoena
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$100
|
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Presentation of motion or petition
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$50
|
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Services not covered above
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At an hourly rate between $75 to $275 per hour
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B.
Collection fees.
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Validation notice
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$25 per notice
|
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Notice of delinquent claim and fee shifting
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$40 per notice, plus applicable postage
|
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Bookkeeping fee for payment plan of 3 months or less
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$25
|
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Bookkeeping fee for payment plan of more than 3 months
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$50
|
|
Handling fee for returned check
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$25
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C.
Payoff fee.
|
Providing guaranteed payoff to third parties
|
$25
|
[Amended 11-15-2022 by Ord. No. 2022-O-12]
In addition to the collection fees set forth under § 209-1, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA unpaid claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA unpaid claim.
The Township authorizes any attorney or private collector collecting
the unpaid claims on behalf of the Township to accept payment of the
unpaid claims by credit card or debit card. Where payment is made
by credit card or debit card, any fees charged by the credit card
or debit card company and/or the credit card or debit card servicing
agent shall be charged immediately to the credit card or debit card
used to make payment. This applies to credit card or debit card payments
made by mail, telephone, over the internet, or in person.
[Amended 11-15-2022 by Ord. No. 2022-O-12]
Interest will be assessed upon the unpaid claims at a rate of
10% per annum and added to the unpaid claims. The Township is permitted
to waive any interest on any unpaid claim when the Township or any
attorney and/or third-party collector collecting the unpaid claim
believes, in its discretion, that such amount is de minimis or that
the cost or burden of continuing collection outweighs the benefit
of collecting the interest.
The following collection procedures are hereby established in
accordance with the Act:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an unpaid claim account, the Township
or its designee shall mail or cause to be mailed, by certified mail,
return receipt requested, a notice of such intention to the property
owner or other entity liable for the account (the property owner).
B.
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Township or
its designee shall mail or cause to be mailed, by first class mail,
a second notice to the property owner.
C.
All notices required by this article shall be mailed to the property
owner's last known post office address as recorded in the records
or other information of the Township or such other address obtained
by the Township from the county tax assessment office.
D.
Each notice as described above shall include the following:
(1)
The type of municipal claim or other charge, the year that it became
due and the amount owed, including penalty and interest;
(2)
A statement of the Township's intent to impose or assess attorney
fees no earlier than 30 days after receipt of the first notice, or
no earlier than 10 days after receipt 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 Township's representative designated as responsible for collection
matters.
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this article.
[Amended 11-15-2022 by Ord. No. 2022-O-12]
The Township appoints Michelle R. Portnoff, Esquire, as Solicitor
for the limited purpose of collecting the unpaid claims and hereby
authorizes her, and all attorneys employed by Portnoff Law Associates,
Ltd., to sign any and all documents, including municipal claims and
liens, on behalf of the Township.
