HomeMy WebLinkAbout4012Ordinance No. 40I2
An Ordinance Amending Chapter 2 -Administration, Chapter 3 -Fees, and Chapter 44 -'!~
Juvenile Hall Charges of the Sutte County Code ',
The Board of Supervisors of the County of Butte ordains as follows:
Section l., Purpose. This proposed ordinance amends numerous sections in Chapter 2,
Administration, Chapter 3, Fees and Chapter 44, Juvenile Hall Charges of the Butte County
Code to remove the existing fees and replace them with a reference to the Butte County Master
Fee Schedule.
Section 2. Butte County Code Chapter 2 is amended to read as follows:
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2-94 Established.
Whenever the coroner takes custody of a dead body pursuant to law, he may embalm the body,
and charge and collect a fee from the person entitled to its custody, except when the body is that
of a child not more than fourteen (14) years of age or a person for whose burial there is available
less than one hundred fifty dollars ($150.00}, in which cases the expense of embalming is a
county charge. The Coroner's fee shall be as adapted by Resolution of the Board of Supervisors
as part of the Butte County Master Fee Schedule.
2-95 Charges for expenses; definition of indigent.
Whenever the coroner takes custody of a dead body pursuant to law, he or she may charge and
collect from the person entitled to control the disposition of the remains, as specified in section
7100 of the Health and Safety Code, the actual expense incurred by the coroner in removing the
body from the glace of death and keeping the body until its release to the person responsible for
its interment. The charge shall be as adopted by Resolution of the Board of Supervisors as part
of the Butte County Master Fee Schedule, shall not be imposed upon a person who claims and
proves to be indigent, and shall not include expenses of keeping the body during the time
necessary for the coroner to perform his or her duties in connection with it. The charge, if not
paid, maybe considered a part of the funeral expenses and paid as a preferred charge against the
estate of the decedent.
A person shall be determined indigent if the person is entitled to control the disposition of the
remains of a dead body and the person's family income is equal to or less than one hundred fifty
(150) percent of the Federal Declared Poverty Scale in effect on the date the coroner takes chargE
of the dead body.
Section 3. Butte County Code Chapter 3 is amended to read as follows:
3-3X Payment of county fees and charges by personal check; returned check charge.
If any personal check offered in payment of any county fee or charge, pursuant to section 6157
of the Government Code, is returned without payment, for any reason, a charge established in
accordance with section 54985 of the Government Code, shall be imposed on such returned
check and added to the county fee or charge in question. The charge shall be as adopted by
Resolution of the Board of Supervisor as part of the Butte County Master Fee Schedule.
Section 4. Butte County Code Chapter 44 is amended to read as follows:
44-X Liability for cost of minor's support in juvenile hall.
A parent of a minor, the estate of a parent and the estate of the nninor shall, pursuant to Welfa
and Institutions Code section 903 and this section, be iiable for the reasonable cost of support
the minor while the minor is placed, detained in or committed to the Butte County Juvenile H~
pursuant to an order of the Juvenile Court. The liability of these persons and estates shall be
joint and severable liability.
The reasonable cost of support of a minor chargeable pursuant to this section, based upon t]
average actual costs incurred by the county for food and Food preparations, clothing, person
supplies and medical expenses, and excluding costs of incarceration, treatment or supervisio
shall be determined pursuant to Welfare and Institutions Code section 904 and adopted 1
Resolution of the Board of Supervisors as part of the Master Fee Schedule.
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44-2 .Iuvenile hall rate billable to other counties.
Other counties which place or detain or commit minor persons to the Butte County Juvenile
pursuant to the order of a Juvenile Court shall be liable to Butte County for the costs for the s
support and maintenance of such minor persons at the Juvenile HaII. The average cost of ;
care, support and maintenance shall be determined pursuant to Welfare and Institutions
section 904 and adopted by Resolution of the Board of Supervisors as part of the Master
Schedule.
Section 5. Authority. This ordinance is enacted pursuant to Government Code Sections
66017(a) and 66016(b), Article I, Section 1 of the Butte County Charter, and Article XI Section
7 of the California Constitution.
Section 6. Severability. 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 7. Effective Date and Publication. This Ordinance shall take effect thirty (30)
after the date of its passage. The Cierk of the Board of Supervisors is authorized and directed to
publish a summary of this ordinance before the expiration of fifteen [1S} 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 the Chico Enterprise Record , a newspaper
of general circulation published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 8`h day of December, 2009, by the following vote:
AYES: Supervisors Dolai2, Kirk, Lambert, Yamaguchi, and Chair Connelly
NOES: None
ABSENT: One
NOT VOTING: lone ~~
Bill Connelly, Chairman of the
Butte County Board of Supervisors
ATTEST:
Scott Tandy,
Interim C ' Ad ativ Officer
and Cle of r ,, , ~,,/
By _ _ ~vvr l
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