Part 4
Collection Procedures and Attorney’s Fees

§1-401 Statement of Procedures.

The Township hereby approves the Statement of Collection Procedures for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act ("Accounts"), 53 P.S. §7101 et seq.

(Ord. 97-06-09-1, 6/09/1997, §1)

§1-402 Schedule of Fees.

1.    The Township hereby approves attorney fees in an amount equal to the Solicitor's regular hourly charge for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for services provided in accordance with the principles set forth in §3(a.1) of the Municipal Claims Law as added by Act No. 1 of 1996 (the "Act"), 53 P.S. §7106.

2.    There shall be added to the attorney fees 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. [Ord. 2004-1]

3.    The amount of fees determined as set forth above shall be added to the Township’s claim in each account.

(Ord. 97-06-09-1, 6/09/1997, §2; as amended by Ord. 2004-1, 3/8/2004)

§1-403 Collection Procedures.

The following collection procedures are hereby established in accordance with Act No. 1, 53 P.S. §7101 et seq:

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 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, than 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 Part 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 official designated as responsible for collection matters.

(Ord. 97-06-09-1, 6/09/1997, §3)

§1-404 Related Action.

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 Part.

(Ord. 97-06-09-1, 6/09/1997, §4)