HomeMy WebLinkAbout09 1123 15Cc --*4 1� -o"�,1cj
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An Ordinance Establishing a
New Chapter of the Jefferson
County Code entitled
"Sheriff's Fees"
STATE OF WASHINGTON
County of Jefferson
Ordinance No. 09 1123 15
WHEREAS, the State of Washington has established in RCW 36.18.040(1) the dollar amounts a
County Sheriff is authorized to collect for the service of civil process, for example, summons,
complaints, subpoenas and writs; and
WHEREAS, the dollar amounts currently listed in RCW 36.18.040(1) were last updated by the
State Legislature in 1992; and
WHEREAS, the Consumer Price Index for urban wage earners and clerical workers living and
working within the U.S. cities has increased by more than sixty eight percent (68.4%) between
1992 and 2014 according to statistics compiled by the U.S. Department of Labor, Bureau of
Labor Statistics, a copy of which is attached to this Ordinance as Attachment "A;" and
WHEREAS, the amount collected annually in this County in civil process fees falls far short of
paying for the salary of the Chief Civil Deputy of the Sheriff's Office, meaning that the general
fund (with some assistance from criminal Defendants who are ordered to pay Legal Financial
Obligations as part of a Judgment and Sentence) makes up that difference; and
WHEREAS, the costs of service of civil process should, to the extent possible, be borne by the
users of those services rather than by the County's general fund; and
WHEREAS, state law, codified at RCW 36.18.040(3) authorizes a county legislative authority,
in the case of Jefferson County, the Board of County Commissioners, to set amount of fees that
are to be charged in order to cover the costs of administration and operation,
NOW, THEREFORE, be it Ordained by the Jefferson County Board of County Commissioners
as follows:
Section One: There shall be added to Title 3 of the Jefferson County Code a new chapter
entitled "Sheriffs Fees," the text of which is laid out below.
Section Two: The Sheriff, or his or her agent, representative, deputy or employee, shall collect
the following minimum fees for official services he or she renders, subject to the indexing
methodology listed in Section Four below:
1. For service of each summons and complaint, notice and complaint, summons and
petition, and notice of small claim on one (1) defendant at any location, twenty dollars
Ordinance No. I &: Establishing a New Chapter of the Jefferson County Code — Sheriff s Fees
09 1123 15
($20.00) and on two (2) or more defendants at the same residence, twenty five dollars
($25.00);
2. For making a return, ten dollars ($10.00) for each return of service;
3. For levying each writ of attachment or writ of execution upon real or personal property,
fifty dollars per hour ($50.00);
4. For filing copy of writ of attachment, order of sale or writ of execution with the auditor,
twenty dollars ($20.00) plus auditor's filing fee;
5. For serving writ of possession or restitution without aid of the county, forty dollars
($40.00);
6. For serving writ of possession or restitution with the aid of the county, sixty dollars
($60.00) plus fifty dollars ($50.00) for each hour after one hour;
7. For service an arrest warrant in any action or proceeding, fifty dollars ($50.00);
8. For executing any other writ or process in a civil action or proceeding, fifty dollars
($50.00) per hour;
9. For making a deed to lands sold upon execution or order of sale or other decree of the
court, to be paid by the purchaser, fifty dollars ($50.00);
10. For making copies of papers when sufficient copies are not furnished, two dollars ($2.00)
for the first page and one dollar ($1.00) per each additional page;
11. For service of any other document and supporting papers for which no other fee is
provided herein, twenty-five dollars ($25.00);
12. For posting a notice of sale, or postponement, fifteen dollars ($15.00);
13. For certificate or bill of sale of property, or certificate of redemption, fifty dollars
($50.00);
14. For conducting a sale of property, fifty dollars ($50.00) per hour spent at the sheriffs
sale;
15. For preparing notice of levy, notice of sale or notice to publisher, five dollars ($5.00);
16. For preparing affidavit of posting or affidavit of mailing, ten dollars ($10.00);
17. For fingerprinting for non -criminal purposes, fifteen dollars ($15.00) for each person for
up to two (2) sets, five dollars ($5.00) for each additional set;
18. For the reproduction of audio, visual, or photographic material, to include magnetic
microfilming, the actual cost including personnel time.
Section Three: In addition to the fees listed in Section Two above, the Sheriff, or his or her
agent, representative, deputy or employee, shall be entitled to collect with respect to rendering
the services listed above for each mile actually and necessarily traveled in going to or returning
from any place of service, or attempted service, the current rate per mile set by the U.S. Internal
Revenue Service but in no event shall the amount collected for miles traveled be less than Ten
Dollars Even ($10.00).
Section Four: Beginning with the year 2017, the fees established hereby shall be adjusted
annually accordingly on the first business day of January (adjustment date) by the amount of the
percentage increase in the Consumer Price Index (CPIW). The CPIW is the Consumer Price
Index — U.S. City Average for all Urban Wage Earners and Clerical Workers, as published by the
Bureau of Labor Statistics of the United States Department of Labor.
Adjustments to the Sheriffs fees shall be calculated as follows: The percentage increase
in the Sheriff s fees shall be equal to the percentage increase in the CPIW between the
Ordinance No. re: Establishing a New Chapter of the Jefferson County Code — Sheriff's Fees
09 1123 15
September of two calendar years before the adjustment date and the September of the calendar
year immediately prior to the adjustment date.
All fee increases shall be rounded up to the next twenty-five (25) cent increment, unless
such rounding up shall constitute an increase of more than five (5) percent, in which case the fee
increase will be rounded down to a lesser 25 cent increment such that the increase does not
exceed five (5) percent.
Section Five: Each January the revised schedule of fees will be published and made
available to the public in a manner to be decided at the sole discretion of the Sheriffs Office.
Section Six: Fees for service and mileage allowed under this Chapter of the Code may be
recovered by the prevailing parry incurring the same as court costs to the extent the prevailing
party complies with RCW 36.18.040(2).
Section Seven: If any section, paragraph, sentence, clause or listed fee is declared invalid,
unlawful or unconstitutional for any reason, such decision shall not affect or alter the validity of
the remaining portions of this Ordinance.
Section Eight: The Sheriffs Office Civil Department may collect the fees authorized
pursuant to this Ordinance for any services it provides beginning on the first business day after
this Ordinance is adopted and approved by the County Commission.
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APPROVED this -D —day of lVd w),6�_),-- 12015.
JEFFERSO COUNTY
�I3A+Y 3 1 t �•
A6pro as to f ;nl��
David Alvarez, Deputy Prosecuting Attorney
ATTEST:
Davi�li a rman
Phil Jo on, Member �i,,
>�ur%Cc:^ti'1 �` L
Kathleen Kler, Member
Carol Avery,
Deputy Clerk of the Board
Regular Agenda — 11:00 a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: David Stanko, Sheriff
Joe Nole, Undersheriff
DATE: November 23, 2015
SUBJECT: PUBLIC HEARING re: Proposed Ordinance to Establish Sheriff s Civil
and add a New Chapter in the Jefferson County Code Entitled "Sheriffs I
STATEMENT OF ISSUE:
The Sheriff s Office is requesting a proposed ordinance to increase the current civil fees, which are based
1992 values, to more accurately reflect present day costs of that process.
ANALYSIS:
Fees collected by the Sheriff do not accurately represent the costs incurred to fund the Sheriff s civil
function. These fees are based on 1992 calculations and need to be updated to reflect current economic
realities.
FISCAL IMPACT:
There is no cost to the Sheriff s Office, or the County, to implement the proposed ordinance. Any increase
fees received from conducting civil processes would be used to support the Sheriff s civil function.
RECOMMENDATION:
Take public comments on the proposed ordinance. Approve ordinance to establish Sheriff s Civil Fees and
Add a New Chapter in the Jefferson County Code Entitled "Sheriff s Fees."
REVIEWED BY:
`--1
\ Philip Morley ty Admimstrater Date