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HomeMy WebLinkAboutOrdinance 19-056-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WA ORDINANCE AMENDING CHAPTER ORDINANCE No. 19- -CC 3.72 OF THE GRANT COUNTY CODE TITLED "SHERIFF FEES FOR OFFICIAL SERVICES99 RE: CONCEALED PISTOL LICENSES RECITALS: WHEREAS, the Board of County Commissioners ("BOCC") by Grant County Ordinance No. 17 -046 -CC § 1, adopted May 15, 2017, repealed and replaced chapter 3.72 of the Grant County Code titled Sheriff s Fees for Official Services; and WHEREAS,, the Grant County Sheriff's Office (GCSO) uses the Washington State Patrol system for criminal background checks; and WHEREAS, a January 1, 2019 increase in fingerprint fees charged by the Federal Bureau of Investigation is reflected in a commensurate increase in fees charged for criminal backgroundl-,.. checks by the Washington State Patrol; and WHEREAS, the Grant County Sheriff has requested that chapter 3.72 GCC be amended to accommodate the Washington State Patrol fee increase; and WHEREAS, based on the recommendation of the Sheriff, the BOCC 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 from the Sheriff and not be subsidized by Grant County taxpayers; and WHEREAS, the Board of County Commissioners has found and determined that fee schedule the currently set forth in chapter 3.72 GCC should be amended to reflect the increased cost to GCSO to deliver the service of providing background checks, as required by applicable authority, pursuant to RCW 36.18.040(3), NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County Commissioners of Grant County, State of Washington, that chapter 3.72 GCC be amended as follows: Section 1. Chapter 3.72 GCC, to read as follows: CHAPTER 3.72 — SHERIFF FEES FOR OFFICIAL SERVICES 3.72.020 - Sheriffs' Fees: The Sheriff shall collect the following fees for official services of the Sheriff's Office, pursuant to RCW 36.18.040(3), said amounts superseding amounts set forth in RCW 36.18.040(1): SERVICE OF CIVIL PROCESS: Serve ONE (1) Defendant $28.00 Serve TWO (2) or more (same $3.00 address) $38.00 All Returns $18.00 Notary Fee $15.00 Mileage (per mile of $15.00 min.) $0.60 *WRIT OF ATTACHMENT - $20.00 PERSONAL PROPERTY: $0.60 Levy (per hour) $65.00 Serve (each defendant) $28.00 Return to Court $18.00 Mileage (per mile or $15.00 min.) $0.60 *WRIT OF ATTACHMENT - REAL PROPERTY: Levy (per hour) $65.00 Notice of Levy $3.00 Record with Auditor +Auditor Fee $55.00 Serve defendant (if required) $28.00 Return to Court $18.00 Mileage (per mile or $15.00 min.) $0.60 *EXECUTION -PERSONAL $20.00 PROPERTY: $0.60 Levy (per hour) $65.00 Notice of Sale ($3.00/1st page - $65.00 $1.00 add'1 page $3.00 Posting EACH notice $15.00 EXECUTION -PERSONAL PROPERTY (continued $28.00 Conducting sale (per hour) $55.00 Bill of Sale $55.00 Return to Court $18.00 Serve defendant $30.00 Serve Notice (defendant) $28.00 Postponement (each notice) $20.00 Mileage (per mile or $15.00 min.) $0.60 ORDINANCE AMENDING CHAPTER 3.72 GCC $28.00 Page 2 of 4 $65.00 *WRIT OF REPLEVIN - Affidavit Claim & DeliverX: Serve Defendant w/Writ and/or Affidavit &Bond $28.00 Serve Summons &Complaint $28.00 Serve Summons &Complaint (two or $0.60 more) $38.00 Levy (per hour) $65.00 Return to Court $18.00 Mileage (per mile or $15.00 min.) $0.60 REDEMPTION: $18.00 Service Notice/Intent $28.00 Certificate/Redemption $65.00 Copies supplied ($3.00/1st page -$1.00 add'1 page) $3.00 *SUBPOENA: Serve -EACH $28.00 Return to Court $18.00 Mileage (per mile or $15.00 min.) $0.60 *HABEAS CORPUS/ORDER TO ASSIST: Service ONLY $28.00 Executing of (per hour) $65.00 Return to Court $18.00 Mileage (per mile or $15.00 min.) $0.60 ***$100.00 DEPOSIT REQUIRED*** WRIT OF GARNISHMENT: Serve, Garnishee $28.00 Serve Defendant (if required) $28.00 Return to Court $18.00 Mileage (per mile or $15.00 min.) $0.60 Mailing (cost of postage) --- DEED: $65.00 Mailing (cost of postage) 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 3 6.18.040(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 2. 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. ORDINANCE AMENDING CHAPTER 3.72 GCC Page 3 of 4 WARRANTS: EXECUTION -REAL PROPERTY: Serve -EACH $55.00 Levy (per hour) $65.00 Return to Court $18.00 Notice to publisher $3.00 Record with Auditor +Auditor Fee $25.00 FINGERPRINTING: Non -Criminal - up to two cards (2 cards Notice of Sale -plus copies $4.00 = 1 set) $20.00 Certificate of Sale $65.00 Additional sets $5.00 Return to Court $18.00 Posting of Notice (each) $28.00 POSTAGE: For mailing required by statute whether Affidavit of Posting $15.00 regular, certified, or registered, actual cost of Postponement (each notice) $20.00 postage. Mileage (per mile of $15.00 min.) $0.60 Mailing (cost of postage) --- MILEAGE FEES: Each mile actually and necessarily traveled in going WRIT OF RESTITUTION and/or to or returning from any place of ASSISTANCE service or attempted service. There is a $15.00 minimum mileage Service w/o Aid (POSTING) $55.00 charge. Service w/Aid (OUST &EJECT) $75.00 Cost per hour after (FIRST HOUR) $65.00 NSF CHECKS: A $30.00 handling fee will be added to Return to Court $18.00 all returned Mileage (per mile or $15.00 min.) $0.60 checks. ***$150.00 DEPOSIT REQUIRED*** CONCEALED PISTOL LICENSE $50.00 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 3 6.18.040(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 2. 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. ORDINANCE AMENDING CHAPTER 3.72 GCC Page 3 of 4