[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Hanover 10-14-2003 by Ord. No. 03-10.
Amendments noted where applicable.]
The Township hereby approves the Statement of
Collection Policies for delinquent unpaid taxes, user charges and
other items covered by the Municipal Claims Act[1] ("accounts"), as presented to this meeting, and which
is to be filed with the enacted counterpart of this chapter.
[1]
Editor's Note: See 53 P.S. § 7101
et seq.
A.
The Township hereby approves the following schedule
of attorney's 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
Law as added by Act No. 1 of 1996 (the "Act"):[1]
|
Legal Services
|
Fee
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$60
| |
|
Sending second demand letter
|
$40
| |
|
Draft municipal lien
|
$40
| |
|
Prepare writ of scire facias
|
$40
| |
|
Prepare and mail letter under Pa.R.C.P. § 237.1
|
$40
| |
|
Prepare motion for alternate service
|
$150
| |
|
Prepare motion for summary judgment and related
judgment
|
$100
| |
|
Prepare writ of execution
|
$40
| |
|
Attendance at sale; review schedule of distribution
and resolve distribution issues[2]
|
$100 per hour
| |
|
Services not covered above[3]
|
$100 per hour
|
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 Township'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 attorney's
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
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 attorney 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 attorney's 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
attorney's 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 official 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 chapter.
The failure of the Township to enforce any provision
of this chapter shall not constitute a waiver by the Township of its
rights of future enforcement hereunder.
