[HISTORY: Adopted by the Borough Council of the Borough of Mount
Oliver 8-18-1997 by Ord. No. 818. Amendments noted where applicable.]
This chapter shall apply to all municipal claims allowed and authorized
by the law of the commonwealth to be assessed by the Borough of Mount Oliver,
including but not limited to liens for taxes and for municipal improvements,
for the removal of nuisances and for water rents or rates, sewage rents, lighting
rates and power rates to the fullest extent authorized by law (hereinafter
"delinquent accounts"), whether heretofore or hereafter assessed or filed.
[Amended 11-17-1997 by Ord.
No. 820]
A.
The borough hereby approves the following schedule of
attorney 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 ServicesFee for Services
| |
|---|---|
|
Initial review and sending first demand letter
|
$135
|
|
File lien and mailing second demand letter
|
$125
|
|
Prepare Writ of Scire Facias
|
$125
|
|
Obtain reissued writ
|
$25
|
|
Prepare and mail letter under Pa R.C.P. § 237.1
|
$25
|
|
Prepare motion for alternate service
|
$175
|
|
Prepare motion for summary judgment and related judgement
|
$175
|
|
Prepare Writ of Execution
|
$600
|
|
Attendance at sale; review schedule of distribution and resolve distribution
issues
|
$400
|
|
Services not covered above
|
$135 per hour
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1)
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.
Prior to assessing or imposing attorney fees in connection with a delinquent
account, the Borough of Mount Oliver shall provide notice of the borough's
intention to assess or impose attorney fees in connection with this chapter
as may be required by the Act of May 16, 1923, P.L. 207, No. 153, as amended
or supplemented, 53 P.S. § 7106.
In all proceedings where a municipal claim is filed as a lien against
real property for delinquent accounts which are the subject of this chapter,
interest equal to 10% per annum shall be assessed and accrue on the claim
from the date of the completion of the work after it is filed as a lien, and
on claims for taxes, water rents or rates, lighting rates or sewer rates,
from the date of the filing of the lien therefor; provided, however, that
if a municipal claim is filed arising out of a municipal project which required
the borough to issue bonds to finance the project, interest shall accrue and
be collectible on such claim at the rate of interest of the bond issue or
at the rate of 12% per annum, whichever is less. No notice prior to the assessment
or imposition of interest as set forth herein shall be required. Such interest
shall be added to the municipal claim and collected therewith.
In all proceedings where a municipal claim is filed as a lien against
real property for delinquent accounts which are the subject of this chapter,
a penalty equal to 5% of the delinquent account shall be added to the municipal
claim and collected therewith when the delinquent account remains unpaid for
90 days after the assessment shall have been levied, or as soon thereafter
as may be convenient or proper. No notice prior to the assessment or the imposition
of a penalty as set forth herein shall be required.
