Ordinance # 2005-3

Schedule of

Attorney Fees

Schedule of Attorney Fees

An Ordinance of the Borough of Bolivar, County of Westmoreland, and Commonwealth of Pennsylvania, Establishing A Rate Schedule for Attorney's Fees to be Recovered for the Collection of Delinquent Municipal Claims and Liens as Authorized Pursuant to 53 P.S. # 7106

Whereas, the Borough of Bolivar desires to enact a schedule of attorney's fees to recover those expenses of liening and collection delinquent municipal claims and liens, and

Whereas, the imposition of such fees is authorized pursuant to 53 P.S. # 7106, and

Whereas, the Borough of Bolivar has given due consideration to reasonableness and appropriateness of the charges enacted herein

Now Therefore, does ordain and enact the following:

A. Fees

1. Fees for the compensation of an attorney or attorneys representing the Borough of Bolivar, in matters relating to the collection of delinquent accounts or the enforcement of liens, shall be assessed to or added to any account or claim, arising after the effective date of this Ordinance.

2. Those fees shall be assessed at the rate of $80.00 per hour, to be billed in increments of actual time expended in the effort of collection or liening, at no greater than one tenth (1/10) of an hour or multiples thereof as the time is actually expended.

3. The Council of Bolivar Borough may by Resolution, from time to time, revise the rate of the fee set forth above, as the fee rate for its solicitor is revised.

B. Notice

1. Prior to the imposition of any fee authorized under Section A, above, a notice shall be sent to the last address of record of the owner, or owners, as recorded with the Tax Collector of the Borough of Bolivar and the Tax Claim Bureau of Westmoreland County.

2. Such notice shall state that the Borough intends to impose or assess attorney's fees within 30 days of the mailing of the notice, and further the manner in which imposition or assessment of the attorney's may be avoided,.

3. Such notice shall be mailed by United States Certified Mail, return receipt requested, postage prepaid to each owner of the property.

4. In the events that the return receipt is unclaimed  refused, or returned, the Borough shall send another notice by United States First class Mail, postage pre-paid stating that the Borough intends to impose of assess attorney's fees within 10 days, and further stating the manner in which the imposition or assessment may be avoided.

C. Lien

1. After the expiration of the time period set forth in the notice under Section B (4) above, the attorney shall impose or assess fees upon the calculation of all reasonable time spent in the collection or enforcement of the claims or liens, multiplied by the rate set forth in Section A (2) above.

D. Effective Date

1. This Ordinance shall become effective February 1, 2005

E. Severability and Repealer

1. If any portion of this Ordinance shall be deemed invalid for any reason, the remainder shall continue in force as valid.

2. All Prior Ordinance if any, in conflict with the provisions hereof, are hereby repealed.

Duly Ordained and Enacted this 3rd day of January 2005

Borough of Bolivar

by Tonya Laskoski,

Council President


Jenny Miller

Borough Secretary

Examined and approved this 3rd day of January 2005

Mayor Everett Saxton

Original Ordinance on file in vault