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Ordinance No. 3354
AN ORDINANCE ENACTING ARTICLE VII OF CHAPTER 36 OF THE BUTTE COUNTY CODE
ENTITLED "FINES; FEES FOR PROCESSING ACCOUNTS"
The Board of Supervisors of the County of Butte ordains as follows:
Code• Article VII of Chapter 36 of the Butte County Code is enacted~l
to read as follows:
"ARTICLE VII. FINES; FEES FOR PROCESSING ACCOIINTs
section 36-60. Fees for processing accounts for fines.
(a) Cost determined. The administrative and clerical costs of
processing accounts receivable for fines, including restitution fines
or restitution orders, are determined to be as set forth below, and
the defendant shall pay a fee in the amount specified.
(b) Installment accounts. Pursuant to Penal Code Section
1205(d), the defendant shall pay to the clerk of the court or Central
Collections, as applicable, a fee of thirty-five dollars ($35.00) far
the costs of processing installment accounts receivable for fines.
(c) Nan-installment accounts. Pursuant to Penal Code Section
1.205(d}, the defendant shall pay to the clerk of the court or Central
Collections, as applicable, a fee of thirty dollars ($30.00) for the
costs of processing accounts receivable for fines that are not to be
paid in installments.
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(d) Restitution accounts. Pursuant to Penal Code Sections
1202.4(1) and 1203.1{1), fees payable for restitution fines or
restitution orders shall be ten percent (10~) of the total amount of
restitution ordered by the court to be paid.
- To the extent that
Resolution 88-130 is inconsistent with the provisions of this
ordinance, said Resolution is repealed.
Section ~ . Findincrs.
(a) The costs established by this ordinance to be charged
defendants and reimbursed to the County do not exceed the average
actual cost of services to be rendered in connection with the payment
of accounts receivable for fines.
(b) Penal Code Section 1205(d) authorizes the Board of
Supervisors to establish a fee for the processing of bath installment
and non-installment accounts receivable for fines that are not to be
paid in installments. Section 1205(d) indicates that a program for
the collection of such fees for non-installment accounts may be
implemented upon the adoption of a Board resolution authorizing it but
makes no mention of a resolution in regard to implementing a program
for the collection of such fees for installment accounts. This Board
finds that the adoption of this ordinance is a legislative act of
equivalent force and effect as a resolution and that it shall serve
the same purpose which a resolution would serve, if adopted, relative
to non_installment accounts. The Board further finds that it is
desirable for fees for both installment and non-installment accounts
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to be specified in the Butte County Code far clarity and ease of
reference.
This ordinance is adopted pursuant to the
authority of Penal Cade Sections 1202.4, 1203.1 and 1205 and pursuant
to the procedures specified in Government Code Section 65018.
SectlOn 5 . SP.yP;Y,_~, Iln!.i~i.,rln~~r.Sr~~t.
If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining
provisions or other applications of the Ordinance which can be given
effect without the invalid provision or application thereof.
Section 6. Ef~e~~i_veDate_and Publication. This ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of
the members of the Board of Supervisors voting for and against it, in
Chico Enterprise-
the Record , a newspaper of general circulation published in ''
the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 14th day of October ,
1997, by the following vote:
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AYES: Supervisors Beeler, Houx, Josiassen and Chair Davis
NOES : None
ABSENT: Supervisor Dolan
NOT VOTING : NOne
-~
FRED DAVIS, Chair of the
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Officer and Cler`k's of the Berard
By~~ ~ - ~_ ~~o
(36-6D.DRD~
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