[Ord. 2011-04, --/--/2011, § 1]
This Part shall be known as the "Delinquent Assessment Collection
Procedures and Attorneys' Fee Schedule Ordinance."
[Ord. 2011-04, --/--/2011, § 2]
This Part is enacted pursuant to the authority of the Act and
the Second Class Township Code, 53 P.S. § 65101 et seq.,
including but not limited to §§ 1601 (53 P.S. § 66601)
and 3302 (53 P.S. § 68301).
[Ord. 2011-04, --/--/2011, § 3]
1.
The following collection procedures are hereby established:
A.
All assessments which remain unpaid 90 days after the due date shall
be considered delinquent and promptly remitted to Township Solicitor
appointed for purposes of collections.
B.
Upon receipt of the delinquent assessments, the Township Solicitor
appointed for purposes of collections shall send notice to the property
owner by certified mail notifying the property owner of the delinquency
and demanding payment. The notice shall also notify the property owner
of further action, which shall ordinarily consist of filing of a civil
complaint with the magisterial district judge, the inclusion of reasonable
attorney's fees and possible lien being placed on the property. The
notice shall give the property owner 30 days to make payment on the
delinquent assessment and shall provide contact information to make
payment arrangements.
C.
If the certified mail is returned undelivered, the notice shall be
mailed to the property owner by first-class mail. The property owner
is then given 10 days to make payment on the delinquent assessment.
D.
All notices required by this Part shall be mailed to the property
owner's last known address as recorded in the records or other information
of the Township or such other address as it may be able to obtain
from the Northampton County Division of Assessment.
E.
If the property owner fails to make payment or make a reasonable
payment plan within the prescribed time period, the Township Solicitor
appointed for purposes of collections shall file a civil complaint
with the magisterial district judgerequesting the delinquent amount
including penalties, interest, costs of filing and all reasonable
attorneys' fees associated with the claim.
F.
The Township Solicitor appointed for purposes of collections shall
file liens upon obtaining unappealable judgments, when necessary,
to protect Lower Mount Bethel Township's interests.
[Ord. 2011-04, --/--/2011, § 4; as amended by Ord.
2015-04, 12/14/2015, § 1]
1.
The Board of Supervisors of Lower Mount Bethel Township hereby approve
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 as set forth below:
|
Legal Service
|
Fee For Service
| ||
|---|---|---|---|
|
Review of Claim and Demand Letter
|
$40
| ||
|
File Civil Complaint with Magisterial District Judge, including:
|
$225
| ||
|
•
|
Filing of complaint with magistrate
| ||
|
•
|
Attend hearing (if needed)
| ||
|
•
|
Obtain certified judgment
| ||
|
•
|
File judgment with Prothonotary
| ||
|
Hourly Rate for Services Not Listed
|
$150
| ||
|
Filing Writ of Execution
|
$425
| ||
2.
To the extent permitted by law and to the extent permitted by contract
with the credit card company, the Board of Supervisors of Lower Mount
Bethel Township hereby approve of the Township Solicitor appointed
for purposes of collections charging residents a 3% processing fee
for credit card payments.
[Ord. 2011-04, --/--/2011, § 5]
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 Part.
