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Title 3
REVENUE AND FINANCEChapters:
3.04 Sales and Use Tax
3.06 Additional Sales and Use Tax
3.10 Commercial Parking Tax
3.12 Claims Fund
3.16 Real Estate Excise Tax
3.20 Limits on Expenditure of City Funds
3.22 City Credit Card System
3.24 Funds
3.28 Bonds and Obligations
3.32 Purchases
3.36 Financial Institution
3.40 Donations of Property to City
3.44 Investigative Fund Assessments
3.48 City Fees and Permit Charges
Chapter 3.04
SALES AND USE TAXSections:
3.04.010 Imposed.
3.04.020 Rate.
3.04.030 Administration and collection.
3.04.040 Inspection of records authorized.
3.04.050 Contract with Department of Revenue authorized.
3.04.060 Violation a misdemeanor.
3.04.010 Imposed.
There is imposed a sales or use tax, as the case may be, upon every taxable event, as defined in Chapter 82.14 RCW, occurring within the city. The tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. (Ord. 587 § 1, 1970).
3.04.020 Rate.
The rate of the tax imposed by Section 3.04.010 shall be one-half of one percent; provided, that during such period as there is in effect a sales or use tax imposed by Pierce County, the rate of tax imposed by this chapter shall be four hundred twenty-five one-thousandths of one percent. (Ord. 587 § 2, 1970).
3.04.030 Administration and collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of Chapter 82.14 RCW. (Ord. 587 § 3, 1970).
3.04.040 Inspection of records authorized.
The city consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. (Ord. 587 § 4, 1970).
3.04.050 Contract with Department of Revenue authorized.
The city officials of the city are authorized to enter into a contract with the Department of Revenue of the state for the administration and collection of the tax pursuant to Chapter 82.14 RCW. (Ord. 587 § 5, 1970).
3.04.060 Violation a misdemeanor.
Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter, shall be guilty of a misdemeanor. (Ord. 587 § 6, 1970).
Chapter 3.06
ADDITIONAL SALES AND USE TAXSections:
3.06.010 Imposed.
3.06.020 Rate.
3.06.030 Administration and collection.
3.06.040 Inspection of records authorized.
3.06.050 Administration contract authorized.
3.06.060 Initiative procedure.
3.06.070 Violation – Penalty.
3.06.010 Imposed.
There is imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.030 (2), upon every taxable event, as defined in RCW 82.13.020, occurring within the city. The tax shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. (Ord. 904 § 1, 1982).
3.06.020 Rate.
The rate of the tax imposed by Section 3.06.010 shall be one-half of one percent of the selling price or value of the article used, as the case may be; provided, however, that during such period as there is in effect a sales tax or use tax imposed by Pierce or King County under RCW 82.14.030 at a rate equal to or greater than the rate imposed by this section, the county shall receive 15 percent of the tax imposed by Section 3.06.010; provided, further, that during such period as there is in effect a sales tax or use tax imposed by Pierce or King County under RCW 82.14.030 at a rate which is less than the rate imposed by this section, the county shall receive from the tax imposed by Section 3.06.010 that amount of revenues equal to 15 percent of the rate of the tax imposed by the county under RCW 82.14.030. (Ord. 904 § 2, 1982).
3.06.030 Administration and collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 82.14.050. (Ord. 904 § 3, 1982).
3.06.040 Inspection of records authorized.
The city consents to the inspection of such records as are necessary to qualify the city for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. (Ord. 904 § 4, 1982).
3.06.050 Administration contract authorized.
The mayor and clerk are authorized to enter into a contract with the Department of Revenue for the administration of this tax. (Ord. 904 § 5, 1982).
3.06.060 Initiative procedure.
This chapter shall be subject to a special initiative proposing that the tax imposed by this chapter be changed or repealed. The number of registered voters needed to sign a petition for special initiative shall be 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding general election. If a special initiative petition is filed with the city council, the operation of this chapter shall not be suspended pending the city council or voter approval of the special initiative and the tax imposed in this chapter shall be collected until each special initiative is approved by the city council or the voters. The procedures for initiative upon petition contained in RCW 35A.11.100 shall apply to any such special initiative petition. (Ord. 919 § 1, 1983; Ord. 904 § 6, 1982).
3.06.070 Violation – Penalty.
Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined no more than $500.00 or imprisoned for not more than six months, or by both such fine and imprisonment. (Ord. 904 § 7, 1982).
Chapter 3.10
COMMERCIAL PARKING TAXSections:
3.10.010 Definitions.
3.10.020 Commercial parking tax imposed.
3.10.030 Collection of tax by business operators.
3.10.040 Tax in addition to other taxes or license fees.
3.10.050 Duties and powers of the finance director – Creation of commercial parking tax fund.
3.10.060 Use of tax revenues.
3.10.070 Civil penalty.
3.10.080 Violation – Penalty.
3.10.090 Tax – Collection by civil action.
3.10.100 Appeal procedure.
3.10.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Commercial parking business” means the ownership, lease, operation, or management of a commercial parking lot within the city and in which fees are charged.
B. “Commercial parking lot” means any covered or uncovered area with parking stalls or spaces for the purpose of parking motor vehicles or allowing motor vehicles to be parked.
C. “Commercial parking transaction” means any transaction or arrangement whereby a motor vehicle is parked in a commercial parking lot and a fee is charged for parking or allowing the vehicle to be parked. Each occasion in which a fee is charged for parking or allowing a motor vehicle to be parked, irrespective of the length of time the vehicle is parked, shall constitute a separate and individual commercial parking transaction. A commercial parking transaction shall include instances where a fee is charged for the parking of a motor vehicle and that fee is included as one of multiple specific items in the overall fee or charge. A commercial parking transaction shall also include instances where a motor vehicle is parked or allowed to be parked for a certain period of time, and a fee is charged in connection with other services. A commercial parking transaction shall also include instances where a motor vehicle is parked or allowed to be parked and where a fee would otherwise be charged for the parking but for validation by a business because a customer makes a purchase or otherwise transacts business for which remuneration is made. Each motor vehicle that is parked shall constitute a separate and individual commercial parking transaction for which the tax shall be collected, even if the fees charged and/or arrangements made for parking include more than one vehicle.
D. “Person” includes any individual, association, corporation, partnership, joint venture, or trust. (Ord. 1572 § 1, 2003).
3.10.020 Commercial parking tax imposed.
There is imposed a local option transportation tax for the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business within the city. The tax shall be imposed at the rate of $1.00 per commercial parking transaction, irrespective of the type of motor vehicle or the length of time that such vehicle is parked in connection with each transaction. (Ord. 1572 § 1, 2003).
3.10.030 Collection of tax by business operators.
Taxes imposed herein shall be collected by the operators of commercial parking businesses and shall be remitted to the city on or before the last day of the month following the month during which the taxed commercial parking transactions occurred, after which time the taxes shall be considered delinquent. (Ord. 1572 § 1, 2003).
3.10.040 Tax in addition to other taxes or license fees.
The tax imposed hereunder shall be in addition to any tax or license fee levied or imposed under any law, statute or ordinance whether imposed or levied by the city, state or other governmental entity or political subdivision. (Ord. 1572 § 1, 2003).
3.10.050 Duties and powers of the finance director – Creation of commercial parking tax fund.
A. The finance director shall keep full and accurate records of all funds received under the provisions of this chapter. Upon receipt of any tax revenue or related penalty collected under the provisions of this chapter, the finance director shall deposit the amounts into a separate fund hereby designated as the “commercial parking tax fund.”
B. The finance director shall be authorized to review and inspect, at any and all reasonable hours, financial records involving activities of all commercial parking businesses.
C. In order to carry out the provisions of this chapter, the finance director shall have the power to adopt, publish and enforce rules and regulations consistent with this chapter. Through these rules the finance director may require that the taxpayer submit documentation verifying the number of vehicles subject to the commercial parking tax.
D. The finance director for good cause shown may extend the time for remitting collected taxes as required under this chapter; provided, that any extension in excess of 30 days shall be conditioned upon payment of interest of one percent for each 30 days or portion thereof on the amount of tax from the date upon which the tax became due. (Ord. 1572 § 1, 2003).
3.10.060 Use of tax revenues.
All revenues collected as commercial parking taxes shall be expended by the city solely for transportation purposes within the city in accordance with RCW 82.80.070 and consistent with the city’s transportation and land use regulations and policies. Transportation purposes include, but are not limited to, the operation and preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city streets; development and implementation of public transportation improvements and programs; and planning, design, and acquisition of rights-of-way and sites for such transportation purposes. Transportation purposes also include administration of the tax imposed under this chapter, including activities of the city in keeping and tracking records, financial reports and other documents; reviewing filings and compiling reports by commercial parking businesses; and other activities involved in collection and enforcement of the tax. (Ord. 1572 § 1, 2003).
3.10.070 Civil penalty.
In the event that a person fails to collect the tax or is delinquent in remitting the same to the city as required under this chapter, a civil penalty shall be imposed in the amount of five percent of the delinquent tax plus any previously assessed and unpaid penalties under this chapter. For the purpose of calculating the penalty, each month that the amounts owed under this chapter are due and unpaid shall be considered a separate violation subject to penalty. A fraction of a month shall be deemed a full month. In no event shall the penalty for a fee or tax delinquent more than 90 days be less than $50.00. In the event that a penalty has been wrongfully collected, the penalty shall be refunded by the finance director. (Ord. 1572 § 1, 2003).
3.10.080 Violation – Penalty.
Any person who fails or refuses to collect the tax or remit the same to the city, as required under this chapter, with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. A person is guilty of a separate offense for each and every day during the portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly. (Ord. 1572 § 1, 2003).
3.10.090 Tax – Collection by civil action.
The tax imposed under this chapter, and all penalties thereon, shall constitute a debt to the city and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. Any judgment entered in favor of the city shall include an award to the city of all court and collection costs, including attorneys’ fees. Amounts due shall not be considered paid until the city has received good funds for the full amount due or has discharged the amount due and not paid. (Ord. 1572 § 1, 2003).
3.10.100 Appeal procedure.
A. Any person aggrieved by the amount of tax determined to be due to the city pursuant to the provisions of this chapter may appeal to the hearing examiner from such determination by filing with the hearing examiner a written notice of appeal, including the grounds for appeal, within 20 days from the date on which such person was given notice of the tax. The hearing examiner shall, as soon as practicable, fix a time and place for the hearing for such appeal and shall notify the applicant of the same by mail at least five days prior to the date of the hearing.
B. An appeal of the hearing examiner’s decision may be had by filing an appeal in superior court within 30 days after official decision of the examiner. (Ord. 1572 § 1, 2003).
Chapter 3.12
CLAIMS FUNDSections:
3.12.010 Statutory authority – Fund created.
3.12.020 Expenditures – Transfers of moneys authorized.
3.12.030 Purpose.
3.12.010 Statutory authority – Fund created.
Pursuant to the authority of RCW 35.21.085, there is created in the treasury of the city a special fund to be designated and known as the “claims fund.” Said fund is created for the purpose of paying all claims or demands against the city accruing subsequent to January 1, 1965, except those claims for salaries or wages or for demands required to be paid by interest-bearing warrants. (Ord. 495 § 1, 1964).
3.12.020 Expenditures – Transfers of moneys authorized.
For the purpose of making expenditures from the claims fund, the clerk is empowered to make current transfers of moneys to said fund from the various other city funds heretofore and hereafter established in the city treasury, against which such expenditures shall be properly chargeable, showing both the department and the respective amount. (Ord. 495 § 2, 1964).
3.12.030 Purpose.
The purpose of said fund is to simplify the preparation of warrants, and reduce the number of warrants issued, thereby materially reducing the cost of paying current expenses. (Ord. 495 § 3, 1964).
Chapter 3.16
REAL ESTATE EXCISE TAXSections:
3.16.010 Imposed.
3.16.015 Additional real estate excise tax.
3.16.020 When collected.
3.16.030 Compliance with state regulations.
3.16.040 Deposit and use of funds.
3.16.050 Enforcement of collection.
3.16.060 Lien enforcement.
3.16.070 Stamp required to record transfer.
3.16.080 Date payable.
3.16.090 Refunds.
3.16.010 Imposed.
There is imposed a tax of one-quarter of one percent of the selling price of each sale of real property within the corporate limits of this city. (Ord. 905 § 1, 1982).
3.16.015 Additional real estate excise tax.
A. Pursuant to RCW 82.46.035 there is imposed, in addition to the real estate excise tax imposed pursuant to MMC 3.16.010 and Chapter 82.45 RCW, an excise tax in the amount of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city to be collected by the county in which said property lies as prescribed in RCW 82.46.060.
B. Any proceeds collected pursuant to this section shall be deposited in a separate fund to be titled the “capital projects/capital improvements fund”, from which expenditures may be made consistent with RCW 82.46.035(5). (Ord. 1263 § 1, 1995; Ord. 1260 § 1, 1995).
3.16.020 When collected.
Taxes imposed in this chapter shall be collected from persons who are taxable by the state under Chapter 82.45 RCW, RCW 82.46.010, RCW 82.46.035 and Chapter 458-61 WAC upon the occurrence of any taxable event within the corporate limits of this city. (Ord. 1263 § 2, 1995; Ord. 905 § 2, 1982).
3.16.030 Compliance with state regulations.
The taxes imposed in this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate taxes as imposed by the state under Chapter 82.45 RCW, RCW 82.46.010, RCW 82.46.035 and Chapter 458-61 WAC. The provisions of those chapters, to the extent they are not inconsistent with this chapter, shall apply as though fully set forth in this chapter. (Ord. 1263 § 3, 1995; Ord. 905 § 3, 1982).
3.16.040 Deposit and use of funds.
A. The county treasurer shall place one percent of the proceeds of the taxes imposed in this chapter in the county current expense fund to defray cost of collection.
B. The remaining proceeds from city taxes imposed in this chapter shall be distributed to city monthly and those taxes imposed under MMC 3.16.010 and 3.16.015 shall be placed by the city treasurer in the capital projects/capital improvements fund, MMC 3.24.180. These capital improvements funds shall be used by city for local improvements, including those listed in RCW 35.43.040, subject to the visions of RCW 82.46.010 and 82.46.035.
C. This section shall not limit the existing authority of this city to impose special assessment on property benefited thereby in the manner prescribed by law. (Ord. 1263 § 4, 1995; Ord. 905 § 4, 1982).
3.16.050 Enforcement of collection.
The taxes imposed in this chapter are the obligation of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. (Ord. 905 § 5, 1982).
3.16.060 Lien enforcement.
The taxes imposed in this chapter and any interest or penalties thereon are the specific lien upon each piece of real property sold from the time of sale or until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. Resort to one course of enforcement is not an election not to pursue the other. (Ord. 905 § 6, 1982).
3.16.070 Stamp required to record transfer.
The taxes imposed in this chapter shall be paid to and collected by the treasurer of the county within which is located the real property which was sold. The county treasurer shall act as agent for the city within the county imposing the tax. The county treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the county treasurer for the payment of the tax imposed in this chapter shall be evidence of the satisfaction of lien imposed in MMC 3.16.060 and may be recorded in the manner prescribed for recording satisfactions or mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until a suitable notation on the face of the instrument is made by the county treasurer. (Ord. 905 § 7, 1982).
3.16.080 Date payable.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not so paid within 30 days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. (Ord. 905 § 8, 1982).
3.16.090 Refunds.
If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of a miscalculation. Any refund made shall be withheld from the next monthly distribution to the city. (Ord. 905 § 9, 1982).
Chapter 3.20
LIMITS ON EXPENDITURE
OF CITY FUNDS1Sections:
3.20.010 Repealed.
3.20.020 Repealed.
3.20.030 Emergency expenditure authorized.
3.20.040 Conflict with state law.
3.20.050 Repealed.
3.20.010 Council approval required.
Repealed by Ord. 1381. (Ord. 1209 § 1, 1993).
3.20.020 Exception for utility plant expenditures.
Repealed by Ord. 1381. (Ord. 1209 § 1, 1993).
3.20.030 Emergency expenditure authorized.
No prior approval from the council is needed if an emergency is deemed to exist by the person in charge of the involved department and with the consent of the executive officer, mayor; prior council approval is not required. (Ord. 1209 § 1, 1993).
3.20.040 Conflict with state law.
The provisions of this chapter shall not conflict with the bid process or public work contracts requirements of the law of the state. (Ord. 1209 § 1, 1993).
3.20.050 Use of charge cards for officers’ and employees’ travel expenses.
Repealed by Ord. 1449. (Ord. 1256 § 1, 1994).
Chapter 3.22
CITY CREDIT CARD SYSTEMSections:
3.22.010 Implementation.
3.22.020 Distribution.
3.22.030 Authorization and control.
3.22.040 Credit limits.
3.22.050 Payment of bills.
3.22.060 Personal charges not authorized.
3.22.070 Additional procedures.
3.22.010 Implementation.
The treasurer shall implement and maintain a system for the distribution, authorization and control of credit cards issued to or for the benefit of the city and used by city officials and employees. (Ord. 1449 § 1(A), 2000).
3.22.020 Distribution.
Credit cards may be distributed to those city officials and employees who, in the opinion of the treasurer or designee, have job responsibilities which would cause their job performance to benefit by use of a credit card. (Ord. 1449 § 1(A)(1), 2000).
3.22.030 Authorization and control.
The treasurer shall develop and implement guidelines and accounting controls subject to the approval of the mayor to ensure the proper usage of credit cards and credit card funds. (Ord. 1449 § 1(A)(2), 2000).
3.22.040 Credit limits.
The treasurer shall set credit limits on each credit card issued subject to the approval of the mayor; provided, that in no event shall such credit limit exceed $10,000 for any individual credit card nor shall the aggregate credit limit for all credit cards issued to or authorized for use by any one individual exceed $5,000. (Ord. 1449 § 1(A)(3), 2000).
3.22.050 Payment of bills.
The treasurer shall establish and implement a written procedure or policies for the payment of all credit card bills subject to the approval of the mayor. (Ord. 1449 § 1(A)(4), 2000).
3.22.060 Personal charges not authorized.
Personal charges may not be made with a city credit card. Any charges which cannot be properly identified or which are not properly allowed shall be paid promptly by the card user by check and, together with interest and all other charges made by the credit card company, shall constitute a prior lien against all amounts owed by the city to the card user until paid in full. (Ord. 1449 § 1(A)(5), 2000).
3.22.070 Additional procedures.
The treasurer is authorized, subject to the approval of the mayor, to adopt any additional procedures and policies necessary to implement the provisions of this chapter. (Ord. 1449 § 1(B), 2000).
Chapter 3.24
FUNDSSections:
3.24.010 Street fund.
3.24.020 Repealed.
3.24.030 Cumulative reserve fund for capital outlay and operation and maintenance for municipal purposes.
3.24.040 Petty cash fund and cash drawers.
3.24.050 Various funds.
3.24.060 Sewer reserve fund.
3.24.070 Repealed.
3.24.080 Insurance reserve fund.
3.24.090 Repealed.
3.24.100 Uniform controlled substances trust fund.
3.24.110 Repealed.
3.24.120 Repealed.
3.24.130 MCS/SGC grant fund.
3.24.140 Guaranty fund.
3.24.150 Authorizing the usage of bank check.
3.24.160 Law enforcement confidential fund.
3.24.170 Storm and surface water utility fund.
3.24.180 Capital projects/capital improvements fund.
3.24.190 Wetlands and streams mitigation fund.
3.24.200 Storm drainage capital improvement fund.
3.24.010 Street fund.
A. There is created a fund to be known as the street fund under the authority granted by RCW 46.68.115.
B. The street fund shall be created with funds consolidated from the “city street” and “arterial street” fund.
C. The street fund shall be credited with all applicable state gas tax, state shared street funds, and funds contributed by the city and any other funds that many from time to time be authorized to be placed therein.
D. The street fund shall be used for the construction, repair, improvement and maintenance of the streets of the city, or for any other street purpose. (Ord. 1127 § 2, 1990).
3.24.020 City street fund.
Repealed by Ord. 1127.
3.24.030 Cumulative reserve fund for capital outlay and operation and maintenance for municipal purposes.
A. There is created and established a special fund to be known as cumulative reserve fund for capital outlay and operation and maintenance for municipal purposes; that said fund is created for the purpose of the accumulation of funds to be expended for the acquisition by the purchase or otherwise of equipment, land and sites or construction, alteration, replacement and repair of any public building, structures and works for municipal purposes or for any other municipal purpose generally classed as capital outlay; also for paying the cost of operation and maintenance of the city government, including the purchase of materials and supplies for the operation and maintenance of said government, and for the cost of maintenance, alteration or repair of equipment, public improvements, public property, public works or other city property and to pay the cost of any expenditures generally incurred for municipal purposes.
B. No expenditures shall be made from the cumulative reserve fund without a majority vote of the legislative body. The approved expenditures shall be expended directly from the cumulative reserve fund.
C. The city administrator is authorized and directed to establish all necessary books of account, ledgers and accounting controls for said fund, all in the manner provided by law. (Ord. 1011 § 1, 1986; Ord. 949, 1984; Ord. 663 §§ 1, 3 – 5, 1974).
3.24.040 Petty cash fund and cash drawers.
The city council establishes and creates a petty cash fund, not to exceed $1,300, and further authorizes the deposit of $1,300 to the petty cash funds and cash drawers identified below, and further authorizes the clerk to replenish the petty cash funds from the city funds to maintain a $1,300 balance to cover the cost of purchase of minor items for the city. The disbursement of the moneys shall be as follows:
A. Four hundred dollars for the administration/finance cashier drawers;
B. One hundred fifty dollars for the administration/finance petty cash;
C. Two hundred dollars for the court cash drawers;
D. Five hundred dollars for the revolving police confidential fund;
E. Fifty dollars for activity center petty cash. (Ord. 1697 § 1, 2007; Ord. 1606 § 1, 2004; Ord. 1011 § 1, 1986; Ord. 990 § 2, 1985).
3.24.050 Various funds.
A. There are created the following funds: agency fund, utility receipting fund, payroll fund, general fund, water fund, electric fund and federal revenue sharing fund.
B. All moneys received by the city shall be properly accredited and expended in accordance with the rules and regulations of the state of Washington. (Ord. 1435 § 1, 1999; Ord. 1011 § 1, 1986; Ord. 950 §§ 2, 3, 1984).
3.24.060 Sewer reserve fund.
A. There is established a sewer reserve fund to be handled separately and following all guidelines of the BARS accounting practices and State Auditor’s office.
B. The revenue generated into the established fund will come from the sewer operation fund at the rate of $2.00 per connection per month.
C. The moneys will be utilized for the estimated shortfall of the bond redemption of the 1972 water/sewer revenue fund.
D. Emergency expenditures may be made from the established reserve fund to the sewer operation fund only by majority vote of the council.
E. The sewer operation fund balance and sewer reserve fund balance will be both reviewed by council annually in September to analyze the cash position of the sewer operation fund and the estimated shortfall position of the water sewer revenue fund. (Ord. 1011 § 1, 1986; Ord. 1004 §§ 2 – 6, 1985).
3.24.070 Equipment reserve fund.
Repealed by Ord. 1417. (Ord. 1011 § 1, 1986).
3.24.080 Insurance reserve fund.
A. The city council establishes an insurance reserve fund for the purpose of first-party coverage for motorized vehicles.
B. The insurance reserve fund shall be utilized for first-party coverage of all motorized vehicles.
C. No expenditures from this fund will be made without approval of the city council. (Ord. 1040 §§ 2 – 4, 1987).
3.24.090 Water main customer reserve fund.
Repealed by Ord. 1490. (Ord. 926 § 1, 1983).
3.24.100 Uniform controlled substances trust fund.
There is created and established a special fund to be known as the uniform controlled substances trust fund. This fund shall be used for the purpose of the accumulation of and account for funds obtained from forfeitures of moneys and proceeds pursuant to MMC 9.16.020. This fund may also be used for the accumulation of and accounting for funds obtained from other sources when such funds are to be designated for use for the purposes specified under either MMC 9.16.020(6)(d)(1) or MMC 9.16.020(6)(d)(3). Funds obtained pursuant to MMC 9.16.020(6)(d)(l) shall be accounted for and expended as authorized under that subsection. Funds obtained pursuant to MMC 9.16.020(6)(d)(3) shall be accounted for and expended as authorized under that section. (Ord. 1089 § 1, 1988).
3.24.110 Equipment rental fund.
Repealed by Ord. 1490. (Ord. 1417 § 3, 1999; Ord. 1413 §§ 1 – 4, 1999; Ord. 1155 § 1, 1991).
3.24.120 Surprise Lake sewer drainage basin capital improvement reserve fund.
Repealed by Ord. 1435. (Ord. 1058 § 2, 1987).
3.24.130 MCS/SGC grant fund.
A. There is established a MCS/SGC (model conservation standards/super good cents) grant fund to be handled separately and following all guidelines of the BARS accounting practices, State Auditor’s office, and the Bonneville Power Administration.
B. This fund shall be “closed out” at the finalization of the grant program and moneys received from Bonneville Power Administration. (Ord. 1048 § 1, 1987).
3.24.140 Guaranty fund.
A. At the time of making the annual budget and tax levy, the legislative body shall provide for the levy of a sum sufficient, with the other sources of the guaranty fund, to pay warrants issued against the guaranty fund during the preceding fiscal year and to maintain a balance therein. In no event shall the levy in any one year exceed the greater of (1) 12 percent of the outstanding obligations guaranteed by the guaranty fund, or (2) the total amount of delinquent assessments and interest accumulated on the delinquent assessments before the levy as of September 1st of that year.
B. The money held in the guaranty fund may be invested in any lawful investment of city funds and the city treasurer is authorized and directed to pay into the guaranty fund all interest received from the investment of money on deposit in the guaranty fund as well as any surplus remaining in any local improvement fund after the payment of all outstanding bonds, warrants or other short-term financing payable out of the guaranty fund.
C. 1. Whenever any bond, warrant or other short-term obligation guaranteed under the provisions of the laws of the state of Washington in pursuance of which this section is passed shall be in default, upon the presentment and delivery of any such defaulted bond, warrant or other short-term obligation, the city treasurer shall purchase the same by executing, duly issuing and delivering a warrant drawn on
the guaranty fund to the person presenting the same, and the city treasurer shall honor and pay a warrant on the guaranty fund in such amount as may be necessary to pay in full any such bond, warrant or other short-term obligation with any interest to be held for the benefit of the guaranty fund. If more than one bond, warrant or other short-term obligation is so presented, they shall be purchased in their order of presentment.
2. Whenever any interest payment guaranteed under the laws of the state of Washington in pursuance of which this section is passed shall be in default, upon the presentment and delivery of the defaulted interest coupon or, in the absence of coupons, proof of ownership of the bond and proof of default in the payment of interest thereon, the city treasurer shall pay such interest in the same manner as set forth in subsection (C)(1) of this section for payment of bonds, warrants or other short-term obligations in default. In the absence of coupons, a certificate of the bond registrar that the interest due has not been paid shall be and is presumed to be adequate proof of default.
D. Warrants drawing interest at a rate not to exceed 15 percent per annum shall be issued as other warrants are issued by the city against the guaranty fund to meet any liability accruing against it. Such warrants shall at no time exceed five percent of the outstanding obligations guaranteed by the guaranty fund.
E. Upon certification by the city treasurer that the guaranty fund has sufficient funds currently on hand to meet all valid outstanding obligations of the guaranty fund reasonably expected to be incurred in the near future, the city by ordinance may provide for the transfer of as-sets from the guaranty fund to the city’s general fund, except that the net cash of the guaranty fund may not be reduced by such transfer to an amount less than 10 percent of the net outstanding obligations guaranteed by such fund.
If, at any time within five years of any transfer of assets from the guaranty fund to the general fund the net cash of the guaranty fund is reduced below 10 percent of the net outstanding obligations guaranteed by the guaranty fund, the city to the extent of the amount transferred shall pay valid claims against the guaranty fund as a general obligation of the city and shall pay all reasonable costs of collection necessarily incurred by the holders of valid claims against the guaranty fund.
F. This section constitutes the rules and regulations for the maintenance and operation of the guaranty fund. Money of the guaranty fund also may be used for and in such manner as is or hereafter may be authorized by Chapter 35.54 RCW.
G. If any provision of this section or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this section or the application of the provision to other persons or circumstances shall not be affected. (Ord. 1094 §§ 1 – 7, 1988).
3.24.150 Authorizing the usage of bank check.
A. All claims or other obligations of the city, which are payable out of solvent funds, shall be paid by the issuance of bank checks, provided that this section does not authorize any creditor to demand payment upon any obligation prior to its proof and normal maturity in due course.
B. Two signatures shall be required to validate the checks herein authorized and the first signature shall be that of the mayor, or in the mayor’s absence, the mayor pro tempore, and the second signature shall be that of the clerk-treasurer, or in the clerk-treasurer’s absence, the deputy clerk-treasurer. (Ord. 1112, 1989).
3.24.160 Law enforcement confidential fund.
A. 1. At the time of making the annual budget, the council shall provide for sufficient funds to establish the law enforcement confidential fund as an imprest cash fund at an amount certain, which amount shall be replenished by the city finance officer, as needed, upon written request of the chief law enforcement officer showing the then existing balance of said fund.
2. Purpose. Monies from the fund shall be used for purposes of the surveillance and investigation of violators of the law, excluding civil infractions, including but not limited to the purchase of controlled substances or drugs for use in criminal prosecution, the payment of monies to informants, or for such other expenses as the chief law enforcement officer shall determine to be reasonable and necessarily incident to use in criminal investigations and/or prosecutions.
3. Bookkeeping and Accounting. The chief law enforcement officer shall be responsible for the custody of said fund and for the implementation and maintenance of such bookkeeping and accounting as will, at a minimum, record the following:
a. The advancement of funds to particular persons for potential use;
b. The actual use of funds advanced;
c. The recovery of funds spent, if any;
d. The return of funds advanced but not expended;
e. Any additional requirements of the Auditor’s Office; and
f. Specific details of fund activity shall be exempt from disclosure to the extent permitted pursuant to Chapter 42.17 RCW.
B. The law enforcement confidential fund shall be established as of the effective date of the ordinance codified in this section with an operating total balance of $500.00 cash to be made available to the chief law enforcement officer. This fund shall be an imprest cash or revolving fund in an amount not to exceed $1,500. The mayor shall have the authority to approve the transfer of any monies to the fund above the $500.00 operating balance upon finding that any additional amount up to a total $1,500 is necessary for effective law enforcement in a particular case as presented by the chief law enforcement officer. (Ord. 1199 §§ 1, 2, 1992).
3.24.170 Storm and surface water utility fund.2
There is created and established a special fund to be known as the storm and surface water utility fund. This fund shall be used for the accumulation of and accounting for all funds obtained pursuant to Chapter 13.26 MMC as presently enacted or hereinafter amended and all funds made available to the storm and surface water utility from other sources, including from revenue bonds or general obligation bonds or both. Further, said funds shall be used exclusively for the storm and surface water utility including for such purposes as maintenance, operation, repair, capital improvements and planning. (Ord. 1211 § 1, 1993).
3.24.180 Capital projects/capital improvements fund.
A. There is created the capital projects/ capital improvements fund for deposits and expenditures of revenues derived from the real estate excise taxes collected under MMC 3.16.010 pursuant to the enabling provisions of Chapter 82.45 RCW and RCW 82.46.010 and pursuant to Ordinance No. 12603, imposing additional real estate excise taxes, pursuant to the enabling provisions of RCW 82.46.035.
B. Upon receipt, the revenues deposited into the fund established at subsection A, above, shall be prorated for deposit into two separate accounts as follows:
1. The “capital improvements account” shall be maintained for deposits and expenditures of funds deriving from real estate excise taxes imposed pursuant to MMC 3.16.010, 3.16.020, and Chapter 82.45 RCW and RCW 82.46.010.
2. The “capital projects account” shall be maintained for deposits and expenditures of funds deriving from the additional real estate excise taxes imposed pursuant to Ordinance No. 1260 and RCW 82.46.035. (Ord. 1262 § 1, 1995).
3.24.190 Wetlands and streams mitigation fund.4
There is created and established a special fund to be known as the “wetlands and streams mitigation fund.” This fund shall be
used for the accumulation and accounting for all funds obtained pursuant to Chapter 18.14 MMC as presently enacted or hereafter amended. Said funds shall be used exclusively for the purposes of Chapter 18.14 MMC including but not limited to MMC 18.14.120(C)(1)(e). Said funds shall not include moneys received for any fees required incident to the permitting or plan review process conducted pursuant to the provisions of Chapter 18.14 MMC. (Ord. 1272 § 1, 1995).
3.24.200 Storm drainage capital improvement fund.
There is created and established a fund to be known as the “storm drainage capital improvement fund.” Two dollars and fifty cents of the monthly charge for each storm drain utility equivalent service unit shall be placed in the storm drainage capital improvement fund for the sole purpose of funding all costs of storm drainage capital improvements, including planning, design, right-of-way and easement acquisition, construction, construction inspection and construction management. (Ord. 1656 § 1, 2005).
Chapter 3.28
BONDS AND OBLIGATIONSSections:
3.28.010 Definitions.
3.28.020 Findings.
3.28.030 Adoption of registration system.
3.28.040 Registration requirement.
3.28.050 Method of registration.
3.28.060 Denominations.
3.28.070 Registrar – Appointment.
3.28.080 Registrar – Duties.
3.28.090 Statement of transfer restrictions.
3.28.010 Definitions.
The following words shall have the following meanings when used in this chapter:
A. “Bond” or “bonds” shall have the meaning defined in RCW 39.46.020(1), as the same from time to time may be amended.
B. “City” shall mean the city of Milton, Washington.
C. “Fiscal agencies” shall mean the duly appointed fiscal agencies of the state of Washington serving as such at any given time.
D. “Obligation” or “obligations” shall have the meaning defined in RCW 39.46.020 (3), as the same from time to time may be amended.
E. “Registrar” shall mean the person, persons or entity designated by the city to register ownership of its bonds or obligations under this chapter or under an ordinance of the city authorizing the issuance of such bonds or obligations. (Ord. 1093 § 1, 1988).
3.28.020 Findings.
The city council of the city finds that it is in the city’s best interest to establish a system of registering the ownership of the city’s bonds and obligations in the manner permitted by law. (Ord. 1093 § 2, 1988).
3.28.030 Adoption of registration system.
The city adopts the following system of registering the ownership of its bonds and obligations. (Ord. 1093 § 3, 1988).
3.28.040 Registration requirement.
All bonds and obligations offered to the public, having a maturity of more than one year, on which the interest is intended to be excluded from gross income for federal income tax purposes, shall be registered as to both principal and interest as provided in this chapter. (Ord. 1093 § 3(a), 1988).
3.28.050 Method of registration.
A. The registration of all city bonds and obligations required to be registered shall be carried out either by:
1. A book entry system of recording the ownership of the bond or obligation on the books of the city or the fiscal agencies, whether or not a physical instrument is issued; or
2. Recording the ownership of the bond or obligation and requiring as a condition of the transfer of ownership of any bond or obligation the surrender of the old bond or obligation and either the reissuance of the old bond or obligation or the issuance of a new bond or obligation to the new owner.
B. No transfer of any bond or obligation subject to registration requirements shall be effective until the name of the new owner and the new owner’s mailing address, together with such other information deemed appropriate by the registrar, shall be recorded on the books of the registrar. (Ord. 1093 § 3(b), 1988).
3.28.060 Denominations.
Except as may be provided otherwise by the ordinance authorizing their issuance, registered bonds or obligations may be issued and reissued in any denomination up to the outstanding principal amount of the bonds or obligations of which they are a part. Such denominations may represent all or a part of a maturity or several maturities and on reissuance may be in smaller amounts than the individual denominations for which they are reissued. (Ord. 1093 § 3(c), 1988).
3.28.070 Registrar – Appointment.
Unless otherwise provided in the ordinance authorizing the issuance of registered bonds or obligations, the city treasurer shall be the registrar for all registered interest-bearing warrants, conditional sales contracts, interest-bearing leases and other registered bonds or obligations not usually subject to trading and without a fixed maturity date or maturing one year or less after issuance, and the fiscal agencies shall be the registrar for all other city bonds and obligations with a fixed maturity date or maturing more than one year after issuance. (Ord. 1093 § 3(d), 1988).
3.28.080 Registrar – Duties.
A. The registrar shall serve as the city’s authenticating trustee, transfer agent, registrar and paying agent for registered bonds and obligations for which he, she, or it serves as registrar and shall comply fully with all applicable federal and state laws and regulations respecting the carrying out of those duties.
B. The rights, duties, responsibilities and compensation of the registrar shall be prescribed in each ordinance authorizing the issuance of the bonds or obligations, which rights, duties, responsibilities and compensation shall be embodied in a contract executed by the city and the registrar, except that (1) when the fiscal agencies serve as registrar, the city adopts by reference the contract between the State Finance Committee of the state of Washington and the fiscal agencies in lieu of executing a separate contract and prescribing by ordinance thee rights, duties, responsibilities and compensation of the registrar, and (2) when the city treasurer serves as registrar, a separate contract shall not be required.
C. In all cases when the registrar is not the fiscal agency and the bonds or obligations are assignable, the ordinance authorizing the issuance of the registered bonds or obligations shall specify the terms and conditions of:
1. Making payments of principal and interest;
2. Printing any physical instruments, including the use of identifying numbers or other designation;
3. Specifying record and payment dates;
4. Determining denominations;
5. Establishing the manner of communicating with the owners of the bonds or obligations;
6. Establishing the methods of receipting for the physical instruments for payment of principal, the destruction of such instruments and the certification of such destruction;
7. Registering or releasing security interests, if any; and
8. Such other matters pertaining to the registration of the bonds or obligations authorized by such ordinance as the city may deem to be necessary or appropriate. (Ord. 1093 § 3(e) 1988).
3.28.090 Statement of transfer restrictions.
Any physical instrument issued or executed by the city subject to registration under this chapter shall state on its face that the principal of and interest on the bonds or obligations shall be paid only to the owner thereof registered as such on the books of the registrar as of the record date defined in the instrument and to no other person, and that such instrument, either principal or interest, may not be assigned except on the books of the registrar. (Ord. 1093 § 4, 1988).
Chapter 3.32
PURCHASESSections:
3.32.010 Purchasing guidelines.
3.32.010 Purchasing guidelines.
Purchases of supplies, materials, equipment, and obligations for services by the city shall be made according to the following guidelines, establishing limits of authority for directors, mayor and city council:
A. Purchases and obligations for service up to the amount of $1,500 may be approved by the signature of the department director.
B. Purchases and obligations for service valued between $1,500 and $7,500 may be authorized by the department director and the mayor together.
C. Purchases and obligations for service valued between $7,500 and $15,000 must be authorized by the department head and the mayor. Three written bids or quotes must be obtained prior to obligating city funds for purchases (not services).
D. Purchases and obligations for service valued over $15,000 must be authorized by the department head, the mayor and the city council.
E. Nothing in this section shall be construed as waiving the bidding requirements of any applicable city or state law. (Ord. 1640 § 2, 2005; Ord. 1381 § 1, 1999).
Chapter 3.36
FINANCIAL INSTITUTIONSections:
3.36.010 Designated.
3.36.010 Designated.
The city council of the city of Milton in compliance with RCW 35A.40.030 selects the Columbia Bank, Milton Branch, as the city’s financial institution. (Ord. 1459 § 2, 2000).
Chapter 3.40
DONATIONS OF PROPERTY TO CITYSections:
3.40.010 Administration.
3.40.020 Use.
3.40.030 Acceptance.
3.40.040 Annual report.
3.40.010 Administration.
The mayor or the mayor’s designee shall have the responsibility for the administration of all donations to the city. (Ord. 1568 § 1, 2003).
3.40.020 Use.
In the event a donor has indicated a desire for a particular use by the city of a donation, such donation shall, to the extent reasonably feasible, be used consistent with the donor’s desired use. If a donor has not specified a particular desired use, the donation may be used for any municipal purpose. (Ord. 1568 § 1, 2003).
3.40.030 Acceptance.
All monetary and nonmonetary donations with a current value of up to $2,000 may be approved and accepted for the city by the mayor. All donations with a value greater than $2,000 must be approved by the city council before acceptance. The mayor shall estimate the value of any nonmonetary donation not supported by a bona fide appraisal, for purposes of compliance with this section. (Ord. 1568 § 1, 2003).
3.40.040 Annual report.
The mayor shall provide the city council with an annual report listing the nature and value of any and all donations which were approved and accepted by the mayor in accordance with this chapter during the calendar year preceding the report. (Ord. 1568 § 1, 2003).
Chapter 3.44
INVESTIGATIVE FUND ASSESSMENTSSections:
3.44.010 Funding line-item created.
3.44.020 Investigation funding – Contribution required.
3.44.010 Funding line-item created.
There is created within the general fund budget of the city of Milton a separate line item to be known as “investigative fund assessments.” Monies deposited in this line-item shall be used for funding police and administration of justice projects and activities geared towards investigation, including but not limited to activities related to criminal activity, detection and arrest of criminal offenders, obtaining evidence for prosecution of criminal cases, filing of cases, return of fugitive felons from other jurisdictions, testimony in court cases, recovery of lost and stolen property, missing persons, general police activities responding to and addressing the effects of crime within the community, and any other purposes geared to improve administration of the criminal justice system, as determined and approved by the city council. (Ord. 1600 § 1, 2003).
3.44.020 Investigation funding – Contribution required.
A. In any case where an accused has been convicted, receives a conditional dismissal, or a deferred sentence of any of the below listed crimes, there shall be, in addition to any fine levied, a penalty in the amount of $50.00, per charge, which penalty shall be nonsuspendable and/or not waiveable and which shall be deposited into the investigative fund assessments line-item. The fact that this penalty is imposed on each charge shall not in any way reduce the obligation of the accused to pay any other cost, fine or penalty prescribed by the court.
B. For purposes of subsection A of this section, a “conviction” shall mean a deferred prosecution, deferred sentence, or guilty finding.
C. Any monies collected by the Milton municipal court pursuant to the terms of this section shall be deposited into the general fund revenue line-item.
Violation
Title
MMC
9.34.010(B)
Harassment
RCW
9A.36.041
Assault 4th Degree
46.61.502
Driving Under the Influence
46.20.342.1A
Driving While License
Suspended 146.20.342.1B
Driving While License
Suspended 246.20.342.1C
Driving While License
Suspended 39A.76.130
Escape 3rd Degree
46.52.020
Hit and Run Attended
Vehicle46.52.010
Hit and Run Unattended
Vehicle/Property9A.76.175
Making False Statement to
Public Servant9A.48.090
Malicious Mischief 3rd Degree
66.44.270.2
Minor in Possession and/or
Consumption46.61.503
Minor Operating Motor Vehicle after Alcohol
Consumption46.61.5249
Negligent Driving 1st Degree
46.20.005
No Valid Operator’s License Without Identification
9A.76.020
Obstruct a Law Enforcement Officer
46.20.740
Operate Vehicle Without
Ignition Interlock46.61.504
Physical Control
9.41.250
Possession of Dangerous Weapon
69.50.412
Possession of Drug Paraphernalia
69.50.401E
Possession of Marijuana
9A.56.170
Possession of Stolen Property 3rd Degree
26.50.110
Protection Order Violation
46.61.500
Reckless Driving
46.61.465
Reckless Driving/Excessive Speed
46.61.530
Reckless Driving/Racing
9A.36.050
Reckless Endangerment
46.61.020
Refuse to Give Information/ Cooperate With Law Enforcement Officer
9A.76.040
Resisting Arrest
66.44.270.1
Supply Liquor/Premises to Minor
9.61.230
Telephone Calls to Harass
9A.56.050
Theft Third Degree
9A.56.060
Unlawful Issuance of Bank Checks
9A.52.100
Vehicle Prowling
10.99.040 & 10.99.050
Violation of a No Contact Order
10.14.120
Violation of Antiharassment Order
26.09.050 & 26.09.060
Violation of Restraining Order
46.64.055
Additional Monetary Penalty
(Ord. 1600 § 2, 2003).
Chapter 3.48
CITY FEES AND PERMIT CHARGESSections:
3.48.010 Schedule adopted.
3.48.020 Schedule revisions.
3.48.030 Permit fees due with application.
3.48.040 Reimbursement for costs.
3.48.010 Schedule adopted.
The schedule of fees entitled “city of Milton permit and utility fee and charge schedule,” which is on file in the office of the city clerk, is adopted as the official schedule in this chapter by this reference as if set forth in full. The fees adopted by this chapter shall supersede any inconsistent fees or charges required in the Milton Municipal Code. The schedule shall set the amount of deposits required for reimbursable expenses identified in MMC 3.48.040. (Ord. 1690 § 3, 2007).
3.48.020 Schedule revisions.
The schedule of fees and charges adopted by this chapter may be revised from time to time by the city council in order to respond to changes in costs incurred by the city. Approvals of schedule changes shall be by resolution. (Ord. 1690 § 3, 2007).
3.48.030 Permit fees due with application.
All permit fees required in MMC 3.48.010 must be paid in full at the time the application is submitted. No application shall be processed or deemed complete, nor shall the application acquire any right by virtue of having submitted an application, until all fees due at the time of application submittal have been paid. (Ord. 1690 § 3, 2007).
3.48.040 Reimbursement for costs.
A. Cost for planning, engineering, legal or other professional services, which services are performed by city staff or an independent contractor for the city for the processing and/or review of a development permit application, shall be reimbursed by the applicant in addition to the basic permit fee. In addition, all costs directly attributable to the processing and/or review of a permit application charged by third party service providers and incurred by the city shall also be reimbursed by the applicant. Finally, the city will charge a 15 percent administrative fee, not to exceed $100.00 per billing, on all reimbursable amounts.
B. At the time of application for a development use permit, the applicant shall pay all applicable fees including a deposit for reimbursable expenses, as set by the fee schedule adopted in MMC 3.48.010. The director of community development may require a higher deposit within the first month after notice of complete application if the director reasonably estimates by a calculation done in writing that the deposit in the fee schedule will be inadequate to cover the reimbursable expenses of the application. Payment shall be due within 10 days of request. All reimbursable costs incurred by the city during processing and/or review of applicant’s permit shall be deducted from the deposit made by the applicant.
C. In the event the deposit for independent contractor expenses falls below 10 percent of the amount of the deposit prior to the conclusion of processing, the director of community development shall require the deposit to be replenished in an amount necessary to cover any estimated further independent contractor expenses. Payment shall be due within 10 days of request unless an alternate payment schedule is agreed to by the clerk and the applicant.
D. If any amount is past due under this section, it shall bear interest at 12 percent per annum after 30 days of delinquency. Permit processing shall be suspended during any delinquency period and no permit shall issue until all sums due under this section are fully paid. Any permit processing deadlines shall be tolled during any period of delinquency.
E. The director of finance/city clerk or designee is authorized and directed to assign delinquent accounts not paid within six months of first invoice after project completion to a collection company; provided, that the director shall maintain a list of those accounts assigned; and provided, that the charges for collection shall not exceed the usual collection charges prevailing.
F. Any deposit moneys not expended upon independent contractors and third party service providers upon completion of permit processing shall be refunded to the applicant. (Ord. 1690 § 3, 2007).
Footnotes
1Prior legislation: Ords. 928, 1088, 1132.
2Code reviser’s note: To avoid duplicating section numbers, this section has been renumbered.
4Code reviser’s note: To avoid duplicating section numbers, this section has been renumbered.
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