Click here to view entire ordinance
SALT LAKE CITY ORDINANCE
No. 37 of 2013
(An ordinance providing for imposition of a fee to offset attorney’s fees incurred in small claims matters)
AN ORDINANCE ENACTING SECTION 2.75.040 OF THE SALT LAKE CITY CODE TO PROVIDE FOR THE IMPOSITION OF A FEE TO OFFSET ATTORNEY’S FEES INCURRED BY THE CITY IN SMALL CLAIMS PROCEEDINGS.
WHEREAS, Chapter 2.75 of the Salt Lake City Code sets forth a process governing enforcement of civil violations of the Salt Lake City Code;
WHEREAS, city attorneys spend considerable time and resources pursuing enforcement and collection actions associated with enforcement of such civil violations.
WHEREAS, the city is entitled to be compensated for the time and resources the city attorneys spend pursuing such enforcement and collection actions;
WHEREAS, the City Council finds the legal fee set forth in the Salt Lake City Consolidated Fee Schedule for instances in which city attorneys are forced to pursue enforcement or collection actions involving civil violations of the Salt Lake City Code, is necessary, reasonable, and equitable in relation to the attorney’s fees incurred by the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 2.75.040 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows:
2.75.040: ATTORNEY’S FEES:
A. If an attorney for the city assists the Collections Division of the city’s Finance Department in an enforcement or collection action involving a citation for a civil violation of the Salt Lake City Code, then an attorney’s fee in the amount set forth in the Salt Lake City Consolidated Fee Schedule shall be assessed against the individual or entity that received the citation. This attorney’s fee shall be assessed in addition to any other fees that may lawfully be assessed in such circumstances.
B. The attorney’s fee set forth in Salt Lake City Code Subsection 2.75.040(A) shall not be imposed where the imposition of the attorney’s fee:
1. conflicts with federal, state or local law; or
2. conflicts with a binding contract between the city and the entity or individual required to make payments to the city.
SECTION 2. This ordinance shall become effective thirty (30) days after the date of publication.
Passed by the City Council of Salt Lake City, Utah this 18th day of June, 2013.
Bill No. 37 of 2013.
Published: June 26, 2013.