Township of Mahoning, PA Chapter 162 Municipal Claims and Liens

[HISTORY: Adopted by the Board of Supervisors of the Township of Mahoning 5-14-2018. Amendments noted where applicable.]

§ 162-1 Fees to be added to unpaid claims.

The Township hereby approves the fee schedule set forth in Exhibit A[1] hereto and incorporated herein for the collection of the unpaid claims, which fees shall be added to the unpaid claims. Hereinafter, the Township may update the fees set forth in Exhibit A by resolution at a duly ordained meeting of the Supervisors.

[1] Editor's Note: Exhibit A is included as an attachment to this chapter.

§ 162-2 Employment of collections agency.

Pursuant to § 162-1, the Township or its designee may pursue the unpaid claims and seek to add the legal fees identified in Exhibit A as an additional cost paid by the property owner. In the alternative, the Township may send the Unpaid Claims to a collection agency of its selection so long as the collection agency's fees do not exceed 30% of the unpaid claim(s) or $25, whichever is greater.

§ 162-3 Costs to be added to unpaid claims.

In addition to the fees set forth in Exhibit A hereto, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, sheriff fees, and those expenses identified in § 162-6 for collections hereunder, shall be added to the unpaid claims.

§ 162-4 Credit card and debit card charges.

The Township authorizes any attorney, private collector, or collections agency collecting the unpaid claims on behalf of the Township to accept payment of the unpaid claims and/or additional fees and expenses provided herein 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.

§ 162-5 Interest.

Interest will be assessed upon the unpaid claims at a rate of 10% per annum and added to the unpaid claims from the date of filing of the lien.

§ 162-6 Collection procedures.

The Township, in its sole discretion, may initiate collection procedures in accordance with this chapter at any time following the Township becoming aware of an unpaid claim. The following collection procedures are hereby established in accordance with the Act:[1]

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 chapter 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.

[1] Editor's Note: See the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq.

§ 162-7 Related action.

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 chapter.

§ 162-8 Hardship waiver.

The Township reserves the right to forgive all or a portion of any unpaid claim if a serious hardship is presented. The Township will address such claims of serious hardship on a case-by-case basis pursuant to uniform policies.

§ 162-9 Appointment of solicitor and/or collection agency.

The Township shall have the authority to appoint a solicitor, private collector and/or collections agency for effectuating these collections of unpaid claims by a resolution at a duly ordained meeting of the Supervisors. The Township may authorize the solicitor, private collector and/or collections agency to proceed with collecting the unpaid claims in accordance with either § 162-1 or § 162-2 hereof. The Township and the party selected to pursue the unpaid claims shall agree prior to initiation of the collection as to how the solicitor, private collector and/or collections agency shall be paid for its efforts as authorized hereunder. Regardless of whether the solicitor, private collector and/or collections agency elects to receive compensation pursuant to § 162-1 or § 162-2 hereof, the solicitor, private collector and/or collections agency shall also be entitled to reimbursement of costs as provided in § 162-3 hereof above and beyond its commission.