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Ordinance 17-046-CC BOARD OF COUNTY COMMISSIONERS Grant County, Washingfion ��� AN ORDINANCE REPEALING AND ORDINANCE No. 17- � -CC REPLACING CHAPTER 3.72 OF THE GRANT COUNTY CODE TIT'LED ___ ___ __"SHERIFF_FEES_FOR_OFFICIAL- -- ------ - -- - SERVICES" RE: AMOUNTS OF FEES COLLECTED BY THE SHERIFF TO COVER COSTS OF ADMINISTRATION AND OPERATION FOR THE SHERIFF'S OFFICIAL SERVICES RECITALS: � WHEREAS, the Board of County Commissioners adopted by Grant Counfiy Resolution and Ordinance No. 05-176-CC (part), (2005), for the purpose of creating and incorporating chapter 3.72 of the Grant County Code ("GCC"), the same now commonly referred to and cited as "Sheriff's Fees for Official Services," and last amended in 2011; , WHEREAS, the Board of County Commissioners have determined that it is in the best interests of the county to update by repeal and replacing chapter 3.72 GCC; and 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 costs associated with service of process and ofher official services have risen dramatically since the 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 couer 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(1) and otherwise set forth in chapter 3.72 GCC 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 Sheriff's ' official services should be borne by those requesting the enumerated services by the Sheriff and � not be subsidized by Grant County taxpayers; and � i i i Page 1 of 4 I SHERIFF FEES FOR OFFICIAL SERVICES Civil 8\Departments\Ordinances\2017\Repealing Fees for Official Services(GCSO)4-25-17 I � WHEREAS, the Board of County Cammissioner� has found and defiermir�ed that the currently set farth in chapter 3.72 GCG should be modified ta reflect fihe casts of administratian and operation by the Sheriff to deliver the enumerated services, as required by applicable authority, pursuant to RCW 36.18.040(3). NOW,THEREFORE, BE IT HEREBY tJRDAINED by the Board of County Commis�ioners of Grant County, State af Washington, that chapter 3.72 GCC be repealed and replaced with the follawing: - - - -- - - - - - - - - Section 1. Chapter 3.72 GGC, to read as follows: CHAPTER 3.72-SHERIFF FEES FOR OFFICMAL SERVICES 3.72.010 - Definitions: The definitions set forth in RCW 36.18.005 shall apply throughaut this chapter unless the cantext clearly requires otherwise. 3.72A20 - Sheriffs' Fees: The Sheriff shall collect the fallawing fees for afificial sarvices of the Sheriff'� Office, pursuant to RCW 36.18.040(3}, said amounts superseding amaunts set forth in RCW 36.18.04Q(1}: SEFtVICE OF CIVIL.PROC�SS: "`WRIT OF REPLEVIN-Rffidavit Claim&Deliverv: Serve ONE(1)Defendant $28.40 Serve C?efendant wlWrit andlor Serve TWd{2)ar mare(same address) $38.OQ Affidavit&Bond �2g�Q4 All Returns $18.Q0 Serve Summons&Complaint $28.40 Notary Fee $18.04 Serve Summans&Gomplaint{twa or more) �38.00 Mileage{per mile of$1 S.OQ min.) $4.64 Levy{per hour} $&5.04 Retum to Gourt $18.00 *WRIT OF ATTACHMENT-PERSONAL PROPERTY: Mileage(per mile or$15.00 min.) $0.6Q Levy(per haur) $65�00 Serve(each defendant) $28.00 REQEMPTION: Return to Court $18.00 Service Notice/Intent $2$•�� Mileage(per mile or$16.00 inin.) $0,60 Certificate/Redemption $65,00 Copies supplied($3.00/1st page-$1.00 add'I page) $3.00 *WRIT OF ATTACHMENT-REAL PROPERTY: Levy{per hour) $65.00 "SUBPOENA: Notice of Levy $3.00 Serve-EACH $28•�� Record with Auditor+Auditor Fee $55.40 Return to Court $1���Q Serve defendant{if required) $28.Q0 Mileage{per mile ar$15.40 min.} $Q.60 ! i Return to Court $18.04 � Ntileage(per mile ar$15.00 min.} $0.64 '�NABEAS C4RPUSIQRDER TC?ASSIST: i Service ONtY $28.04 i *EXEGUTI4N-PERSONA�.PROPERTY: Executing af{per hour} $65•60 ; Levy(per hour} $65,00 Return ta Courk $1$.Oa � � Notice af Sale{$3.00l�st page-$9.Od add'I page $3.00 Mileage(per mile ar�15.Od min.} $0.6d � Posting EACH nofice $15.00 �"'*$1dd.00 DEPOSIT REQUIRED**" � I Page 2 of 4 � SHERIFF FEES FOR OFFICIAL SERVICES ' Civil 81Departmentsl{}rdinances120171Repealing Fees for O�clal Servlces{GGSO}4-25-17 I . � EXECUTION-PEFtSONAL PROPERTY Lontinued) WRIT OF GARNISHMENT: Conducting sale(per hour) $55.Q0 Serve,Gari�ishee $�$•�p Bill of Sale $55,00 Serve Defendant(if required) $28,00 Return to Cour# $18.00 Return to Court $18.OQ Serve defendant $30.00 Mileage{per mile or$15.00 min.) �0.6p _ __ __ Ser�ce Notloe(defendant) _ - - - -- -- -- $28.00- — -- Mailing(cost af postage)- - Postponement(each notice) $20.40 Mileage(per mile or$16.Q0 min.) $0.60 DEED: ���.QQ Mailing(cost of postage) --- WARRANTS: EXEGUTfdN-REAL PROPERTY: Serve-EACH $�5•�� �evy{per hour) $65.00 Return to Caurt $1$•afl Notice to publisher $3.00 Record with Auditor+Auditor Fee $25.40 FINGERPRINTING; Notice of Sale-p(us copies $4.00 Rlon-Criminal-up ta twa cards(2 cards=1 set} $20.Od Certificate of Sale $65�00 Additional se#s $�•�� Return to Gnurt $��•a� � Posting of Notice(each) $28.00 PQSTAGE; Affidavit of Posting $15,00 For mailing required by statute whether regular, Postponement(each notice) $20,00 certified,or registered,actual cost af postage. Mileage(per mile of$15.00 min.) $0.60 Mailing(cost of pos#age) --- MILEAGE FEES: Each mile actually and necessarily traveled in going WRIT OF RESTITUTION and/or ASSISTANCE to or returning from any place of service or attempted Service w/o Aid(POSTING) $55.00 service. There is a$15.00 minimum mileage charge. Service wlAid{OUST&EJECT) $75.00 Gost per hour after(FIRST NOUR) $6S.Q0 NSF CHECKS: Return to Court $18.Q0 A$30.OQ handling fee wi!!be added to all returned Mileage{per mile or$15.40 min.} $0.60 checks. ***$15Q.44 DEPQSIT REC�UIREQ*** 3.72.030 - Fee Recovery: Fees allowable under this section may be recovered by the prevailing party incurring the same as court casts to the extent provided by RCW 36.18.040(2) and, as amended. Nothing contained in this section permits the expenditure of public funds ta defray casts of private lifiigation. Such costs shall be borne by the party seeking action by the Sheriff, and may be recovered from the proceeds af any subsequer�t judiciai sale, or may be added to any judgment upon proper application to the court entering the judgment. Section 2. S�verability: If �ny section, subsection, paragraph, sentence, clause, or �; phrase of this ordinance is declared uncanstitutional or inualid for any reason, such decision shall ; not affect the validity af the remaining parts of this ordinance. ( Page 3 of 4 � SHERIFF FEES FOR OFFICIAL SERVICES 1 Givil 81Departmentsl0rdinances120171Repealing Fees for O#ficial Services{GCSO}4-25-17 ° I � y f Section 3. Effective Date: This ordinance/resolution shall take effect and be in full force and effect upon enactment, its provision being necessary for the Sheriff to collect fees to cover the costs of administration and operation when performing official services. , ,ti , ,.,.�� A public hearing was held on the above ordinance at �-t3�`�o'clock, on the <� day of '=�, 2017. � �i�^ .�------ - — - -— - - PASSED AND ADOPTED-this� day of -- - � , 2017. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain G� ` �I�T COU TY, WASHINGTON � ❑ ❑ V �� / � Cindy Car r, Chair Ya� � _'J...=..�_ "'."n'°"""'�'.�-,..._.___,,,_'_ �_ ��� ATTEST: Richard Stevens, Member /' ' 'r ' f �, ,° �� `'� �` � � � ��..---- �,1,� , ' ,, � ,,...,,� ❑ ❑ � � Barbara,J. �'sq Tom Taylor, Me ber Clerk a tf�Bo�d Approv d as to Form: By Jim ' c II WSBA#31031 Deputy Prosecuting Attorney Date: �i� �g/`'� 2.d I`� Page 4 of 4 SHERIFF FEES FOR OFFICIAL SERVICES Civil 8\Departments\Ordinances\2017\Repealing Fees for Official Services(GCSO)4-25-17