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Borough of Franklin Park, PA
Allegheny County
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[HISTORY: Adopted by the Borough Council of Franklin Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-1998 by Ord. No. 462-98]
The Borough hereby approves the statement of collection policies for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims and Liens Act (accounts),[1] as presented to this meeting, and which is to be filed with the enacted counterpart of this article.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A. 
The Borough hereby approves the following schedule of attorneys' 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 below, all in accordance with the principles set forth in Section 3(a.1.) of the Municipal Claims and Liens Act as added by Act 1 of 1996 (the Act):[1]
Services of
Fee
(per hour)
Attorneys[2]
$115
Paralegals
$45
[1]
Editor's Note: See 53 P.S. § 7106(a.3)(1).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.
C. 
The amount of fees determined as set forth above shall be added to the Borough's claim in each account.
The following collection procedures are hereby established in accordance with Act No. 1:
A. 
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an account, the Borough 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).
B. 
If within 30 days after mailing the notice in accordance with Subsection A 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 attorneys' fees the Borough shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
C. 
All notices required by this article shall be mailed to the account debtor's last known post office address as recorded in the records or other information of the Borough or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.
D. 
Each notice as described above shall include the following:
(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 Borough's intent to impose or assess attorneys' 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 attorneys' fees may be avoided by payment of the account.
(4) 
The place for payment for accounts and the name and telephone number of the Borough official designated as responsible for collection matters.
The proper officials of the Borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.