HomeMy WebLinkAboutOrdinance 05-176-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
BOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE NO, 05-/;t CC
RESOLUTION NO. 0517(1 -CC
AN ORDINANCE CREATING AND ADDING CHAPTER 3.72 TO THE
GRANT COUNTY CODE SETTING AMOUNTS OF FEES COLLECTED BY
THE SHERIFF TO COVER COSTS OF ADMINISTRATION AND
OPERATION FOR THE SHERIFF'S OFFICIAL SERVICES AND, OTHER
MATTERS PROPERLY RELATING THERETO.
RECITALS:
WHEREAS, the State of Washington establishes certain fees that are to be charged by
elected county officials for the performance of certain duties, including without limitation,
official services performed by the Sheriff; and
WHEREAS, the Washington Legislature has not changed the amount of fees to be
charged by the Sheriff for the performance of certain duties since 1992, despite the costs
associated with service of process and other official services having risen dramatically since this
last increase; and
WHEREAS, RCW 36.18.040 authorizes the county legislative authority to set amounts
of fees that shall be collected by the Sheriff in order to cover the costs of administration and
operation; and
WHEREAS, the Sheriff has advised the Board of County Commissioners that the
amounts of fees currently collected by the Sheriff pursuant to RCW 36.18.040(l) do not cover
the costs of administration and operation as required by applicable authority; and
WHEREAS; based on the recommendation of the Sheriff, the Board of County
Commissioners has found and determined that it is appropriate that costs incurred for Sheriffs
official services should be borne by those requesting the enumerated services by the Sheriff and
not be subsidized by Grant County taxpayers; and
WHEREAS, the Board of County Commissioners has found and determined that the
amounts enumerated by the State Legislature in 1992 should be modified to reflect the costs of
administration and operation by the Sheriff to deliver the enumerated services, as required by
applicable authority, pursuant to RCW 36.18.040(3).
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NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County
Commissioners of Grant County, State of Washington, that chapter 3.72 be created and, that
pursuant to this ordinance is hereby enacted and shall be added to the Grant County Code, as
follows:
Section 1. The Board of County Commissioners does hereby create and add a new
chapter 3.72 to the Grant County Code, to read as follows:
3.72.010 Definitions; The definitions set forth in RCW 36.18.005 shall apply throughout
this chapter unless the context clearly requires otherwise.
3.72.020 Sheriffs' Fees: The Sheriff shall collect the following fees for official services
of the Sheriff's Office, pursuant RCW 36.1$.040(3), said amounts superseding amounts set forth
in RCW 36.18.040(1) and as amended, unless said amendment sets Sheriff fees higher than the
amounts set forth herein:
a. For service of each summons and complaint, notice and complaint, summons and
petition, and notice of small claim on one defendant at any location, twenty
dollars, and on two or more defendants at the same residence, twenty-five dollars,
besides mileage;
b. For making a return, besides mileage actually traveled, ten dollars for each return
of service;
C. For levying each writ of attachment or writ of execution upon real or personal
property, besides mileage, fifty dollars per hour;
d. For filing copy of writ of attachment, order of sale or writ of execution with
auditor, twenty dollars plus auditor's filing fee;
e. For serving writ of possession or restitution without aid of the County, besides
mileage, forty dollars;
f. For serving writ of possession or restitution with aid of the County, besides
mileage, sixty dollars plus fifty dollars for each hour after one hour;
g. For serving an arrest warrant in any action or proceeding, besides mileage, fifty
dollars;
h. For executing any other writ or process in a civil action or proceeding, besides
mileage, fifty dollars per hour;
i. For each mile actually and necessarily traveled in going to or returning from any
place of service, or attempted service, fifty cents per mile with a ten -dollar
minimum mileage charge;
j. For making a deed to lands sold upon execution or order of sale or other decree of
court, to be paid by the purchaser, fifty dollars;
k. For making copies of papers when sufficient copies are not furnished, two dollars
for first page and one dollar per each additional page;
1. For the service of any other document and supporting papers for which no other
fee is provided herein, twenty-five dollars;
M. For posting a notice of sale, or postponement, fifteen dollars besides mileage;
n. For certificate or bill of sale of property; or certificate of redemption, fifty dollars;
o. For conducting a sale of property, forty dollars per hour spent at a Sheriff's sale;
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P. For notarizing documents, five dollars for each document;
q. For fingerprinting for non -criminal purposes, ten dollars for each person for up to
two sets, three dollars for each additional set;
r. For mailing required by statute, whether regular, certified, or registered, the actual
cost of postage;
S. For an internal criminal history records check, fifteen dollars;
t. For the reproduction of audio, visual, or photographic material, to include
magnetic microfilming, the actual cost including personnel time.
3.72.030 Fee Recovery: Fees allowable under this section may be recovered by the
prevailing party incurring the same as court costs to the extent provided by RCW 36.18.040(2)
and, as amended. Nothing contained in this section permits the expenditure of public funds to
defray costs of private litigation. Such costs shall be borne by the party seeking action by the
Sheriff, and may be recovered from the proceeds of any subsequent judicial sale, or may be
added to any judgment upon proper application to the court entering the judgment.
Section 3. Severability: If any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
Section 4. Effective Date: This ordinance/resolution shall take effect and be in full force
and effect from and after February 1, 2005, at 12:01 a.m., its provision being necessary for the
Sheriff to collect fees to cover the costs of administration and operation when performing official
services.
A public hearing was held on the above ordinance at o'clock 4m., on the ay of
Jan#mT, 2005.
re -6
PASSED AND ADOPTED this day of January, 2005.
ATTEST:
BOARDOFCOUNTYCO1V MISSIONERS
Yea Nay Abstain GRANTCOUNTY,WASHINGTON
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SHERIFF FEES FOR OFFICIAL SERVICES
VlACivil 8\M-R\0rdinance for Fees Collection (Sheriff) 2005.doe
Deborah Kay Moore, Nember
Richard Stevens, Member
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