HomeMy WebLinkAbout4030Ordinance No, 4030
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AN ORDINANCE OF THE COUNTY OF BUTTE .AMENDING
SECTLONS 36-5.1, 36-5.1A, 36-5.2, 36-5.3, 36-5.4, 36-5.5, AND 36-5.6
OF CHAPTER 36 OF THE BUTTE COUNTY CODE
Board of Supervisors ofthe County of Butte ordains as follows:
6 ection 1. Butte County Code Section 36-5.1 is amended as follows:
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6-5.1 Fee imposed.
8 a} There is hereby imposed upon every city, special district, school district, community college
~ district, college, or university, a fee adopted by Resolution of the Board of Supervisors as part
of the Butte County Master Fee Schedule for the booking or other processing at the county
10 jail of every person arrested by an employee of such city, special district, school district,
community college district, college, or university and brought to the county jail facility for
11 booking or detention.
12 b) Such fees shall be payable on account of every booking or processing of a person at the Butte
County jail not to exceed one-half of the actual administrative costs, including applicable
13 overhead costs, as authorized by Government Code section 29550.
c) For the purpose of this fee, the term "county jail" means the detention facility located at 33
14 County Center Drive, Oroville, California.
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ection 2. Butte County Code Section 36-S.IA is amended as follows:
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6-5.1A Reduction of the fee imposed.
17 An allied police agency which has implemented and utilized a computerized jail management systen
1 g J'MS} far purposes of processing for booking and detention every person arrested by such police
gency shall be charged a reduced fee as provided by Government Code section 29550{a)(3). The
19 ount of the reduced fee shall be adopted by Resolution of the Board of Supervisors as part of the
20 utte County Master Fee Schedule.
ection 3. Butte County Code Section 36-5.2 is hereby deleted.
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23 ection 4. Butte County Code Section 36-5.3 is amended as follows:
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5.3 Public Hearing.
a) any adjustment to the fee for the booking or other processing at the county jail of every
person arrested by an employee of such city, special district, school district, community
college district, college, or university and brought to the county jail facility for booking or
detention shall be considered at a public hearing at which any person may file written
objections to the proposed fee or otherwise make oral or written presentations concerning the
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proposed fee at a regularly scheduled meeting of the board of supervisors.
b} The clerk of the board shall publish notice of the time and place of the hearing and a general
explanation of the matter to be considered as required by Government Code section 66018;
and the clerk of the board shall make available notice of the hearing, including a general
explanation of the matter to be considered, and a statement that the data required by the
section. is available, as required by Government Code section 54986. Any increase in a fee
charged pursuant to this section. shall be adopted prior to the beginning of the fiscal year and
will only be adopted after each city, special district, school district, community college
district, college, or university is provided 45 days written notice of the public hearing, as
required by Government Code section 29550.
Butte County Code Section 36-5.4 is hereby deleted.
10 ection 6, Butte County Cade Section 36-5.5 is hereby deleted.
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12 ection 7. Butte County Cade Section 36-5.6 is amended as follows:
13 6-5.6 Collection of booking fees.
a) The sheriff shall submit a monthly invoice to every city, special district, school district,
14 community college district, college or university, for the criminal justice administrative fees
15 owed by such entity for the prior month and for fees not invoiced for previous months.
b} If any invoice for criminal justice administration fees remains unpaid after thirty (30) days, in
16 addition to any other remedy otherwise available to it, the county may retain up to one-half
1 ~ (%Z) of the property taxes to which the jurisdiction may otherwise be entitled, but not to
exceed the amount of such invoice plus accrued interest.
18 c) Any invoice for criminal justice administrative fees which remains unpaid in whole or in pars
after thirty (30) days, shall bear interest at the legal rate per annum established pursuant to
19 section 685.010 of the Code of Civil Procedure on the unpaid balance thereof.
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21 ection $. Severability. If any provision of this Ordinance or the application thereof to any person
22 r circumstances is for any reason held to be invalid by a court of competent jurisdiction, such
23 ravision shall be deemed severable, and the invalidity thereof shall not affect the remaining
rovisions or other applications of the Ordinance which can be given effect without the invalid
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rovision or application thereof.
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26 ection 9. Effective Date and Publication. This Ordinance shall take effect thirty {30) days after
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date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish
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summary of this ordinance before the expiration of fifteen (15) days after its passage. This
dinance shall be published once, with the names of the members of the Board of Supervisors
sting for and against it, in the Chico Enterprise Record, a newspaper of general circulation
in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
on the 28~ day of June, 2411, by the following vote:
AYES: Supervisors Connelly; Wahl, Kirk, Yamaguchi and Chair Lambert
DOES: None
ABSENT: None
JOT VOTING: None
Steve Lamb Chairman of the
Butte County Board of Supervisors
ATTEST:
?aul Hahn, Chief mini