[HISTORY: [1]Adopted by the Borough Council of the Borough of West Conshohocken 9-10-2002 by Ord. No.
02-10, approved 9-10-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A114.
[1]
Editor's Note: The title of this chapter was changed from
“Fines and Penalties” to “Fines, Penalties and Attorneys’
Fees” 8-11-2015 by Ord. No. 2015-06, approved 8-11-2015.
This chapter shall be known and may be cited as the "Borough
of West Conshohocken Fines and Penalties Ordinance."
A.
Except as provided in § 53A-3 hereof, when the penalty imposed for the violation of an ordinance of the Borough of West Conshohocken Code is not voluntarily paid to the Borough, the Borough shall initiate a civil enforcement proceeding before a District Justice. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. The penalty for any ordinance, which is to be enforced through a civil enforcement proceeding, may not exceed $600 per violation.
[Amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
B.
In any case where a penalty for a violation of a Borough ordinance
has not been timely paid and the person upon whom the penalty was
imposed is found to have been liable therefor in civil proceedings,
the violator shall be liable for the penalty imposed, including additional
daily penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Borough in the enforcement proceedings.
C.
Pursuant to state law, the Borough is exempt from the payment of
costs in any civil case brought to enforce an ordinance in accordance
with this section.
For all ordinances regulating building, housing, property maintenance,
health, fire, public safety, parking, solicitation, curfew, water,
air or noise pollution enforcement shall be by action brought before
a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Civil Procedure.
In accordance with state law, the Borough's Solicitor is authorized
to assume charge of the prosecution without the consent of the District
Attorney. Fines for such offenses shall not exceed $1,000 per violation.
Any such ordinance may prescribe imprisonment for such offenses to
the extent allowed by law for the punishment of summary offenses.
Nothing herein shall limit the Borough's ability to enforce
any ordinance through an action in equity brought in the Montgomery
County Court of Common Pleas.
Any ordinance may provide that a separate offense shall arise
for each day or portion thereof in which a violation is found to exist
or for each section of the ordinance which is found to have been violated.
All fines and penalties collected for the violation of any Borough
ordinance shall be paid to the Borough Treasurer.
[Added 8-11-2015 by Ord.
No. 2015-06, approved 8-11-2015]
In the event that the Solicitor renders services in connection
with the collection of delinquent accounts for the Borough pursuant
to the Municipal Claim and Tax Lien Law,[1] as amended, the schedule of attorneys' fees shall
be as follows:
A.
The preparation and filing of a municipal lien and the preparation
and filing of a satisfaction of a municipal lien shall be billed at
the then-current hourly rate of the Borough Solicitor charged to the
Borough.
B.
Additional legal services rendered in connection with the collection
of delinquent accounts shall be at the then-current hourly rate that
the Borough Solicitor charges the Borough for the time devoted to
collection efforts by the Solicitor.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Added 8-11-2015 by Ord.
No. 2015-06, approved 8-11-2015]
A person required to pay attorneys' fees may petition the
Court of Common Pleas of Montgomery County, being the county in which
the property subject to the municipal claim or lien is located, to
adjudicate the reasonableness of the attorneys' fees imposed.
[Added 8-11-2015 by Ord.
No. 2015-06, approved 8-11-2015]
At least 30 days prior to assessing or imposing attorneys'
fees in connection with the collection of a delinquent account, the
Borough shall, by United States certified mail, return receipt requested,
postage prepaid, mail to the person the notices as set forth hereafter.
[Added 8-11-2015 by Ord.
No. 2015-06, approved 8-11-2015]
If within 30 days of mailing the notice in accordance with the
foregoing section the certified mail is refused or unclaimed, or the
return receipt is not received, then at least 10 days prior to assessing
or imposing attorneys' fees in connection with the collection
of a delinquent account, the Borough shall, by United States first-class
mail, mail to the owner the notice required hereafter.
