City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter sets attorney fee amounts the city adds to unpaid tax and municipal claim accounts to cover legal collection costs, and establishes the notice procedure the city must follow before charging those fees.

Who this affects

Residents or other account debtors who are delinquent on city taxes or user charges; before attorney fees are added to what they owe, they must receive advance mailed notice explaining the debt and how to avoid the fees.

Key rules

• The city approved a fee schedule for attorney services related to collecting delinquent accounts, ranging from $50 for an initial demand letter up to $350 for tasks like preparing a motion for summary judgment or attending a sheriff's sale.
• Services not otherwise listed are billed at an hourly rate equal to the Solicitor's regular charge to the city ($125).
• Reasonable out-of-pocket expenses of counsel are added to the fees and itemized in counsel's billed application.
• The total fees are added to the city's claim against the account.
• At least 30 days before assessing attorney fees, the city must mail a first notice by certified mail, return receipt requested, to the account debtor.
• If the certified mail is refused, unclaimed, or the return receipt isn't received, the city must send a second notice by first class mail at least 10 days before assessing the fees.
• Notices must be mailed to the debtor's last known address as obtainable from the County Office of Assessment and Revision of Taxes.
• Each notice must state the type of tax or charge, when it became due, and the amount owed including penalty and interest; the city's intent to assess attorney fees within the 30- or 10-day window; how the fees can be avoided by payment; and the payment location and the name and phone number of the city official responsible for collections.
• City officials are authorized to take additional action as necessary to implement the chapter.

Penalties

Attorney fees themselves (per the schedule in § 89-2) function as the added cost of collection; the chapter does not state a separate penalty beyond these fees and required out-of-pocket expenses being added to the account.

Notable and archaic details

• The fee schedule was adopted under the Municipal Claims Law as added by Act No. 1 of 1996, and the ordinance itself was adopted in 1998 with fees fixed at that time (e.g., $50, $75, $200, $350) rather than adjusted for inflation.