HomeMy WebLinkAbout19-16 - Late Penalties, Interest, & Collection of Unpaid FeesORDINANCE NO. 19-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
CALIFORNIA AMENDING CHAPTER I (GENERAL) OF TITLE 1 (GENERAL
PROVISIONS) OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE
COLLECTION OF UNPAID FINES AND FEES
WHEREAS, the Costa Mesa Municipal Code ("CMMC") does not establish generally
applicable penalties for failure to timely pay fees, fines, license fees, taxes, or other
amounts due to the City pursuant to the CMMC; and
WHEREAS, the CMMC also does not provide for recovery of collection fees and costs for
delinquent unpaid amounts; and
WHEREAS, the City Council desires to amend Chapter I of Title 1 of the CMMC to
establish generally applicable late penalties and interest and to provide for the recovery
of collection fees and costs for delinquent unpaid amounts.
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council finds that all the facts, findings, declarations and conclusions
set forth above in this Ordinance are true and correct.
Section 2. Except as provided herein, the remaining provisions of Chapter I of Title 1
of the Costa Mesa Municipal Code shall remain in full force and effect.
Section 3. Section 1-13.1 of Chapter I (General) of Title 1 (General Provisions) of the
Costa Mesa Municipal Code is hereby added to read as follows:
The following definitions apply to the use of these terms for the purposes of this chapter:
1-13.1. "Delinquent civil debt" defined.
As used in this Code, the term "delinquent civil debt" shall mean any fee, fine,
license fee, tax, or other amount due to the city pursuant to the provisions of this
Code that remains unpaid for a period of ninety (90) days past its due date.
Section 4. Section 1-33 (Violations, Penalties and Enforcement) of Chapter I (General)
of Title 1 (General Provisions) of the Costa Mesa Municipal Code is hereby amended to
add subsections (f), (g) and (h), to read as follows:
1-33. Violations, penalties and enforcement.
Ordinance No. 19-16 Page 1 of 3
(f) Any fee, fine, license fee, tax, or other amount due to the city pursuant to
this Code remaining unpaid on the day after the stated due date shall be
subject to a late penalty and interest in the amounts established by city
council resolution. Such penalty and interest shall not apply to amounts due
to the city for which this Code expressly designates a specific penalty and/or
interest amount.
(g) The city may submit a delinquent civil debt to a collection agency that is
under contract with the city for such collection service.
(h) Any responsible person who has a delinquent civil debt shall be liable for all
costs incurred to obtain payment of the delinquent civil debt, including, but
not limited to, administrative costs, collection fees and costs, and attorneys'
fees. Collection fees and costs shall be in addition to any penalties, interest,
and late charges imposed on the delinquent civil debt and may be imposed
directly by the collection agency under contract with the city for collection
services.
Section 5. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 6. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its final
passage.
Section 8. Certification. The City Clerk shall certify the passage and adoption of this
Ordinance and shall cause the same to be posted or published in the manner as required
by law.
Ordinance No. 19-16 Page 2 of 3
PASSED AND ADOPTED on this 17th day of September, 2019.
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Brenda Green, dity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
Kimberly HcA Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Ordinance No. 19-16 was duly introduced for first reading at a
regular meeting of the City Council held on the 31d day of September, 2019, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 17th day of September, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARK, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 18th day of September, 2019.
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BRENDA - _t�CLERK
Ordinance No. 19-16 Page 3 of 3