[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2015 by Ord. No. 426-15]
The Township hereby approves the following fee schedule for the collection of the unpaid claims, which fees shall be added to the unpaid claims.
Notice expense. A charge, not to exceed $50 plus postage, shall be added to the unpaid claims for providing notice of delinquency pursuant to § 7106 of the Act. The Township may hire a private company to perform this service and add the amount of this charge to the unpaid claims.
In addition to the fees set forth in § 150-1 above, 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, and sheriff fees, shall be added to the unpaid claims.
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.
Interest will be assessed upon the unpaid claims at a rate of 10% per annum and added to the unpaid claims.
The following collection procedures are hereby established in accordance with the Act.
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").
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.
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.
Each notice as described above shall include the following:
The type of municipal claim or other charge, the year that it became due and the amount owed, including penalty and interest;
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;
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
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.
All ordinances, resolutions, policies or parts thereof conflicting or inconsistent herewith are hereby repealed, including but not limited to Easttown Resolution 7-16-12 which is specifically repealed by and through this enactment.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section, or part thereof not been included herein.
General Code is hereby authorized to make nonsubstantive formatting and numbering changes necessary to clarify references to other sections of the Easttown Township codification and to bring the article into conformity with the Easttown Township codification.
The Township appoints Michelle R. Portnoff, Esquire, and Portnoff Law Associates, Ltd., as the initial Special Collection Solicitor for the limited purpose of collecting the unpaid claims and hereby authorizes her, and attorneys under her supervision, to sign any and all documents, including municipal claims and liens, on behalf of the Township, in conjunction with the continuing power and concurrent authority of the regular Township Solicitor. Following enactment of this article, the Board of Supervisors may appoint and select any subsequent Special Collection Solicitor by motion or resolution, from time to time in its discretion.
This article shall become effective five days after enactment as provided by law.