NOTICE IS HEREBY GIVEN that the Board of Supervisors of North Newton Township, Cumberland County, Pennsylvania, intends to consider for adoption and to vote upon enactment of an Ordinance entitled hereinafter at a public hearing to be held Tuesday, December 4, 2018 at 6:30 p.m. at the Township Park Community Room, 528 Oakville Road, Shippensburg. In the event action is not taken at the aforesaid time, the Board may take action and vote upon said ordinance at another public meeting not less than seven (7) nor more than sixty (60) days following the publication of this notice in the Newville Valley Times-Star.
AN ORDINANCE PROVIDING FOR INTEREST AND
REASONABLE ATTORNEY FEES ON MUNICIPAL CLAIMS
AS PROVIDED FOR IN THE MUNICIPAL CLAIMS AND TAX LIENS LAW
AND THE MAXIMUM LAWFUL INTEREST RATE
WHEREAS, the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq. authorizes the addition of interest, costs, charges, expenses and fees, including but not limited to reasonable attorney fees, to the total payable with respect to a municipal claim/lien; and
WHEREAS, the North Newton Township Board of Supervisors, Cumberland County, Pennsylvania, deem it to be in the best interest and general welfare of the citizens and residents of North Newton Township (the “Township”) to add interest, costs, charges, expenses, and fees in accordance with the Municipal Claims and Tax Liens Act with respect to municipal claims and liens.
NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of North Newton Township, Cumberland County, Pennsylvania, and it is enacted and ordained as follows:
SECTION 1: The Code of the Township of North Newton (the “Code”) is amended by adding a Chapter 194, entitled “Municipal Claims and Liens”, and a Section 194-1, entitled “Collection of Claims”, to read as follows:
194-1. Collection of Claims. In the collection of municipal claims and assessments as provided for and defined in the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et. seq., North Newton Township may assess costs and expenses to the property owner as provided for therein. North Newton Township shall assess interest from the date an invoice is due for service or work giving rise to the municipal claim at the rate of six (6%) percent per annum. In the event the property owner fails to remit said costs and expenses to the Township, said costs and expenses as well as attorney’s fees and court costs shall be collected from such property owner by filing a municipal claim/lien therefor and by an action of assumpsit. Interest on the municipal claim/lien shall be collectible at the rate of ten (10%) percent per annum from the date of the filing of the municipal claim/lien. North Newton Township shall assess reasonable attorney’s fees incurred in the collection of municipal claims in addition to the other collection fees, penalties, and expenses in accordance with the Ordinances of North Newton Township and the Municipal Claims and Tax Liens Act.
SECTION 2: Repealer. All provisions of previous ordinances of North Newton Township, which are contrary to this ordinance, are expressly repealed.
SECTION 3: Savings Clause. In all other respects, the ordinances of North Newton Township shall remain as previously enacted and ordained.
SECTION 4: Severability. The provisions of this Ordinance are severable and if any of its sections, clauses or sentences shall be held illegal, invalid or unconstitutional, such provision shall not affect or impair any remaining sections, clauses or sentences of the same.
SECTION 5: Effective Date. This Ordinance shall become effective upon adoption.
ENACTED AND ORDAINED this ____ day of ______________, 2018, by the Supervisors of North Newton Township, Cumberland County, Pennsylvania.