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HomeMy WebLinkAbout2022 Ordinance No. 0671 BY AUTHORITY ORDINANCE NO. 67 COUNCIL BILL NO. 73 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 1, CHAPTER 4, SECTION 1-4-4 CONCERNING THE COLLECTION OF UNPAID AND OVERDUE TAXES, DEBTS, FINES, FEES, RESTITUTION, BOND FORFEITURES AND CIVIL PENALTIES IMPOSED BY ENGLEWOOD MUNICIPAL CODE AND ENGLEWOOD MUNICIPAL COURT. WHEREAS, Englewood Municipal Code is silent on collection procedures for the payment of fines, fees, restitution, and other amounts owed to the City of Englewood and Englewood Municipal Court; and WHEREAS, repeated collection efforts by the City or Court can result in multiple attempts to collect, including Municipal Court hearing dates and monitoring compliance with a promised payment plan; and WHEREAS, a survey of other Colorado municipalities indicates the use of outside debt recovery agencies is not uncommon; and WHEREAS, in an effort to limit extensive staff time that impacts their ability to perform their job duties, repeated Court appearances, and a continued threat of criminal prosecution for people that only owe funds to Municipal Court, the City of Englewood desires to amend its Municipal Code to provide for a clear avenue to utilize outside, civil debt recovery services for unpaid and overdue fines, fees, restitution, bond forfeitures, civil penalties, and other amounts owed to the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 1, Chapter 4, Section 1-4-4 of Englewood Municipal Code is hereby created to read as follows (new provision underlined): 1-4-4: Collection of Taxes, Debts, Fines, Fees, Penalties and Restitution. A. The City of Englewood may use any lawful method of collecting overdue and unpaid debts, taxes, fees, fines, costs, court costs, default judgments, bond forfeitures, restitution and civil penalties due to the City, or as assessed by Englewood Municipal Court, plus reasonable costs of collection and interest at the statutory rate for unpaid civil judgments. "Reasonable costs of collection" shall include all out-of-pocket costs expended, plus fees and costs of the City DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF 2 Attorney, private counsel retained by the City, and/or a debt recovery agency retained by the City, but not to exceed thirty-three percent (33%) of the initial amount due unless otherwise ordered by a Court of law. B. In the event a defendant fails to pay any fine, fee, penalty, cost, restitution, or other amount assessed by Englewood Municipal Court by the date so ordered, the Court may sua sponte assess and order the defendant to pay an additional amount not to exceed thirty-three percent (33%) of the amount collected as reasonable costs of collection and refer a portion or all of the unpaid amount to a debt recovery agency for collection. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF 3 Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 21st day of November, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of November, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of November, 2022 for thirty (30) days. Read by Title and passed on final reading on the 5th day of December, 2022. Published by Title in the City’s official newspaper as Ordinance No. 67, Series of 2022, on the 8th day of December, 2022. Published by title on the City’s official website beginning on the 7th day of December, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 67, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF