Ordinance 38 of 2013

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SALT LAKE CITY ORDINANCE

No. 38 of 2013

(An ordinance providing for a fee to offset city costs incurred in the collection process)

      AN ORDINANCE PROVIDING FOR AN ADMINISTRATIVE FEE INTENDED TO OFFSET CITY COSTS INCURRED IN THE COLLECTION PROCESS

      WHEREAS, circumstances often arise in which individuals or entities owing monies to the city fail to pay such monies in a timely manner; and

      WHEREAS, the city is often forced to spend considerable time and resources attempting to collect the monies owed to it; and

      WHEREAS, the city is entitled to be compensated for the time and resources it spends in a collection matter; and 

      WHEREAS, the City Council finds the administrative fee set forth in the Salt Lake City Consolidated Fee Schedule for the collection of past due debts is necessary, reasonable, and equitable in relation to the collection costs incurred by the City.

      NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:      SECTION 1.  Section 3.16.050 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows: 

3.16.050:  ADMINISTRATIVE COLLECTION FEE:

A.  An administrative collection fee in the amount set forth on the Salt Lake City Consolidated Fee Schedule shall be assessed for the expenditures of time and money the Collections Division of the city’s Finance Department incurs in collecting past due debts.  Such administrative collection fee shall be assessed in addition to any other fees that may lawfully be assessed in such circumstances.

B.  The administrative collection fee set forth in Salt Lake City Code Subsection 3.16.050(A) shall not be imposed where the imposition of the administrative collection 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.  Sections 12.56.550 and 12.58.040 of the Salt Lake City Code shall be, and hereby are, amended to read as follows:

12.56.550: UNAUTHORIZED USE OF STREETS, PARKING LOTS AND OTHER AREAS; PENALTIES:

A. Violation:

1. Any person engaging in the unauthorized use of streets, parking lots or other areas as provided under this chapter, within the city, shall be liable for a civil penalty. Any penalty assessed in subsection B of this section may be in addition to such other penalties as may be provided in this title.

2. "Unauthorized use of streets" means a violation of any restriction or prohibition contained in this chapter or its successor.

B. Civil Penalties: Civil penalties shall be imposed as follows:

Note:
1. With the exception of subsections 12.56.440A5 and A19 of this chapter.

C. Reduction Of Penalties: The civil penalties specified in subsection B of this section shall be subject to the following:

1. Any penalty that is paid within ten (10) days from the date of receipt of notice shall be reduced by the sum of one hundred ten dollars ($110.00).

2. Any penalty that is paid within twenty (20) days from the date of receipt of notice shall be reduced by the sum of seventy dollars ($70.00).

3. Any penalty that is paid within thirty (30) days from the date of receipt of notice shall be reduced by the sum of forty dollars ($40.00).

D. Receipt Of Notice: As used in this section, "receipt of notice" means the affixing of a notice to the vehicle alleged to have been employed in such unauthorized use, or by delivery of such notice to the owner or driver thereof.

12.58.040: PENALTIES:

A. Violation: Violation of section 12.58.050 of this chapter is a civil offense and shall be penalized as follows:

1. First three (3) offenses: A warning but no fine.

2. Subsequent offenses: A civil fine in an amount equal to the penalty identified for a parking violation under section 12.56.190 of this title (parking meters; overtime parking).

B. Reduction Of Penalties: The civil penalties specified in subsection A of this section shall be subject to the following:

1. Paid Within Ten Days: Any penalty that is paid within ten (10) days from the date of receipt of notice shall be reduced by the sum of one hundred ten dollars ($110.00).

2. Paid Within Twenty Days: Any penalty that is paid within twenty (20) days from the date of receipt of notice shall be reduced by the sum of seventy dollars ($70.00).

3. Paid Within Thirty Days: Any penalty that is paid within thirty (30) days from the date of receipt of notice shall be reduced by the sum of forty dollars ($40.00).

4. Receipt Of Notice: As used in this section, "receipt of notice" means the affixing of a notice to the vehicle alleged to have been employed in a violation of this chapter, or by delivery of such notice to the owner or driver thereof.

C. Strict Liability Of Owner: Whenever any vehicle shall have been employed in a violation of this chapter, the person in whose name such vehicle is registered shall be strictly liable for such violation and the penalty therefor.

D. Appeal Procedures: A violation of this chapter may be appealed as an unauthorized use of the streets pursuant to section 12.56.570 of this title and is subject to subsection 12.56.570H of this title.

E. Outstanding Notices: Notices issued pursuant to this chapter shall be considered notices of unauthorized use of streets within the city for purposes of section 12.96.020 of this title.

      SECTION 3.  This ordinance shall become effective thirty (30) days after the date of publication. 

      Passed by the City Council of Salt Lake City, Utah this 18^th day of June, 2013.

Bill No. 38 of 2013.

Published: June 26, 2013.