[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Pottsgrove 2-23-1998 by Ord. No. 283 (Ch.
1, Part 10, of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 177.
Township hereby approves the statement of collection
policies for delinquent unpaid taxes, user charges and other items
covered by the Municipal Claims Act ("accounts") as presented to this
meeting and which is to be filed with the enacted counterpart of this
chapter.[1]
[1]
Editor's Note: The statement of collection
policies for delinquent unpaid taxes, user charges and other items
covered by the Municipal Claims and Tax Liens Act (53 P.S. § 7101)
is on file in the Township office.
[Amended 12-20-2004 by Ord. No. 375]
In accordance with Section 1 of the Municipal
Claims and Tax Liens Act,[1] the Township hereby approves that the collection of delinquent
sewer claims shall be compensated for attorney's fees in accordance
with the fee schedule set forth below:
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 in accordance with the principals
set forth in Sections 3(a.1) of the Municipal Claims Law[2] as added by Act No. 1 of 1996 (the Act):
|
Legal Services
|
Fee for Services
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$160
| |
|
File lien and mail second demand letter
|
$175
| |
|
Prepare writ of scire facias
|
$175
| |
|
Obtain reissued writ
|
$30
| |
|
Prepare and mail letter under PA. R.C.P. § 237.1
|
$30
| |
|
Prepare motion for alternate service
|
$175
| |
|
Prepare default judgment
|
$175
| |
|
Prepare writ of execution
|
$800
| |
|
Attendance at sale; review schedule of distribution
and resolve distribution issues
|
$400
| |
|
Continue Sheriff sale
|
$50
| |
|
Petition to assess damages
|
$50
| |
|
Petition for free-and-clear sale
|
$400
| |
|
Prepare bankruptcy proof of claim
|
$100
| |
|
Handling fee for returned check
|
$30
| |
|
Handling fee to issue refund check
|
$20
| |
|
Bookkeeping fee for payment plan of more than
three payments
|
$50
| |
|
Services not covered above
|
At an hourly rate between $60 and $225 per hour
|
[2]
Editor's Note: See 53 P.S. § 7106(a.1) of the Municipal
Claims and Tax Liens Act.
[1]
Editor's Note: See 53 P.S. § 7101.
The following collection procedures are hereby
established in accordance with Act No. 1:
A.
At least 30 days prior to assessing or imposing attorney
fees in connection with the collection of an account, the Township
shall mail or cause to be mailed, by certified, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the account (the "account debtor").
B.
If the certified mail notice is undelivered, 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 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 fees may be avoided by payment of the account.
(4)
The place of payment for accounts and the name and
telephone number of the Township 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 chapter.
[Added 12-17-2012 by Ord. No. 461]
A.
In addition to the authorization for the collection of taxes and
institution of tax sales authorized by the Real Estate Tax Sales Law
(RETSL), 72 P. S. § 5860.201 et seq., the Montgomery County
Tax Claim Bureau is appointed as alternative collector and is authorized
and directed to file liens for existing delinquent real estate taxes
with the Prothonotary of Montgomery County in accordance with the
provisions of the Municipal Claims and Tax Liens Act, 53 P.S. § 7101
et seq.
C.
Pursuant to Section 7106 of the MCTLA, it is hereby established that
the reasonable charges, expenses and fees incurred in the collection
of any delinquent account under the MCTLA are hereby fixed at 5% of
the total amount of the delinquent taxes (including interest and penalties),
and that additional reasonable attorney's fees incurred in the
collection of any delinquent taxes shall be fixed at 1% of the total
amount of the delinquent taxes (including interest and penalties)
and that said charges for attorney's fees and for all charges,
expenses and fees set forth herein shall be paid to the County of
Montgomery, through the Montgomery County Tax Claim Bureau in lieu
of payment of commission pursuant to Section 207 of RETSL.[2]
[2]
Editor's Note: See 72 P.S. § 5860.207.
D.
The officials of Upper Pottsgrove Township are hereby authorized
and empowered to take such additional action as they may deem necessary
or appropriate to implement this section.
E.
The adoption and implementation of this section is at the request
of Montgomery County, through the Montgomery County Tax Claim Bureau,
who have and shall agree to indemnify and hold harmless Upper Pottsgrove
Township from any and claims, damages, causes of action, as a result
of actions brought by any third parties challenging the validity of
this section or any processes set forth in the section for the collection
of delinquent real estate taxes.
F.
If any section, clause or provision of this section shall be held
invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this section, so long as it remains legally enforceable
minus the invalid portion. Upper Pottsgrove Township reserves the
right to amend this section or any portion thereof from time to time,
as it shall deem advisable.
