Township of Washington, PA Chapter 208 Municipal Claims and Liens

[HISTORY: Adopted by the Board of Supervisors of the Township of Washington 10-6-1997 by Ord. No. 142. Amendments noted where applicable.]

§ 208-1 Statement of policies.

Washington Township hereby approves a collection policy for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act ("accounts").

§ 208-2 Schedule of fees.

A. Washington Township hereby approves a schedule of attorneys' fees as shall be adopted from time to time by resolution of the Board of Supervisors for services in connection with the collection of accounts,[1] which is hereby determined to be fair and reasonable compensation for the services set forth therein, all in accordance with the principles set forth in the Act, 53 P.S. § 7106, as amended.[2]

[1] Editor's Note: Current Fee Schedule is on file in the Township offices.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

B. In each case, the fee schedule referenced above contemplates routine legal work in the production of the documentation referenced therein. In the event that the complexity of any particular account requires substantially more time than would be considered routine under the circumstances, then the solicitor may charge a reasonable fee based on a regular hourly rate for litigation matters based on actual time expended.

C. There shall be added to the amounts in the schedule referenced above 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.

D. The amount of fees determined as set forth in the schedule referenced above shall be added to the Township's claim in each account.

E. The amount of the fees as referenced above shall increase by 4% per year on January 1 of each year beginning January 1, 1999. For services not covered in the schedule referenced above, the amount shall always equal the solicitor's regular hourly rate for litigation matters.

§ 208-3 Collection procedures.

The following collection procedures are hereby established in accordance with the Act:

A. At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an account, the Township shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer or other entity (the "account debtor") liable for the account.

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 Township shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.

C. All notices required by this chapter shall be mailed to the account debtor's last known post office 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 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 Township'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 delinquent account; and

(4) The place of payment for accounts and the name and telephone number of the Township official designated as responsible for collection matters.

§ 208-4 Implementation.

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.

§ 208-5 Construction.

If, in the construction and interpretation of this chapter, there appears to be a conflict or ambiguity, every effort shall be made to read and interpret the conflicting or ambiguous provisions in a manner which permits the fair application of the ordinances of Washington Township. It is the intention of the Board of Supervisors that any court construing or interpreting this and other Washington Township ordinances will make every reasonable attempt to allow their enforcement.