HomeMy WebLinkAbout2017-11Ordinance 2017-11
An Ordinance to Amend the Code of the Town of Pulaski by
Adding a New Section Imposing Administrative and Collection Fees
Upon Delinquent Accounts
ADOPTED: November 8, 2017
EFFECTIVE: November 8, 2017
Ordinance 2017-11
An Ordinance to Amend the Code of the Town of Pulaski
by Adding a New Section Imposing Administrative and Collection Fees
Upon Delinquent Accounts
WHEREAS, the Town of Pulaski, Virginia, (the "Town") levies and collects
various taxes, fines and fees for the orderly operation and maintenance of the Town,
and
WHEREAS, Section 58.1-3958 of the Code of Virginia, (1950) as amended (the
"State Code") grants the Town the authority to impose upon each person chargeable
with delinquent taxes or other delinquent charges, fees to cover the administrative costs
and reasonable attorney's or collection agency's fees actually contracted for, subject to
certain limitations imposed by such statute; and
WHEREAS, the Town Council of the Town of Pulaski, Virginia has determined it
to be in the best interest of the Town to offset the costs of collection of delinquent
accounts by the imposition of these fees as allowed by law.
NOW THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Pulaski, Virginia, sitting in regular session this 8th day of November 2017 that:
1. Pursuant to § 58.1-3958 of the Code of Virginia, the Code of the Town of
Pulaski be and is hereby amended by the revision of Section 78-36 of the Code
of the Town of Pulaski.
2. The revised Section 78-36 shall read as follows.-
Sec.
ollows:
Sec. 78-36 Administrative fees and collection fees on delinquent
accounts.
a) On each delinquent account now or hereafter owed to the Town
there is hereby imposed an administrative fee in addition to all penalties
and interest, in the amount of $30 for taxes or other charges collected 30
days or more after notice of delinquent taxes or charges pursuant to §
58.1-3919 of the Code of Virginia but prior to taking judgment for such
taxes or charges, and $35 for taxes or other charges collected after
judgment. If the delinquent charges concern a nuisance abatement, the
administrative fee shall be $150 or twenty-five percent of the costs,
whichever is less; but in no event shall the administrative fee be less than
$25.
b) There is also imposed on each delinquent account now or hereafter
owed to the Town collection fees actually contracted for by the Town to
any attorney or collection agency. Said collection fees shall not exceed
twenty percent (20%) of the taxes or other charges so collected and shall
become due and payable when the Town refers a delinquent account to
an attorney or collection agency.
C) Court costs and/or attorney fees incurred in court proceedings to
enforce Town Ordinances and/or to collect such delinquent accounts shall
also be charged and collected as otherwise permitted by the Code of
Virginia and the Court hearing the matter.
d) No tax assessment or tax bill shall be deemed delinquent and
subject to the collection procedures prescribed herein during the
pendency of any administrative appeal under §58.1-3980 of the State
Code, so long as the appeal is filed within 90 days of the date of the
assessment, and for 30 days after the date of the final determination of
the appeal, provided that nothing in this paragraph shall be construed to
preclude the assessment or refund, following the final determination of
such appeal, of such interest as otherwise may be provided by general
law as to that portion of a tax bill that has remained unpaid or was
overpaid during the pendency of such appeal and is determined in such
appeal to be properly due and owing.
3. In all other respects the provisions of the Code of the Town of Pulaski
shall remain the same.
4. The foregoing shall be effective immediately.
This ordinance is effective upon adoption and is hereby adopted this 8t" day of
November 2017 by the duly recorded vote of the Town Council of Pulaski, Virginia as
follows:
James A. Radcliffe -Aye
Gregory C. East - -Aye
David L. Clark -Aye
ATTEST:
David N. Quesenberfy
Clerk of Council
Joseph K. Goodman -Aye
H.M. Kidd -Absent
Lane R. Penn -Aye
THE TOWN OF PULASKI, VIRGINIA
BY: c �_
Robe N. Glenn
Mayor
I, David Nelson Quesenberry, Clerk of the Council of the Town of Pulaski, Virginia, do
hereby certify that the foregoing Ordinance 2017-11, "An Ordinance to Amend the Code
of the Town of Pulaski by Adding a New Section Imposing Administrative and Collection
Fees Upon Delinquent Accounts", is a true and correct copy of the Ordinance set out
and adopted by the recorded vote of the Town Council on November 8, 2017
David Nelson Quesenberry
Clerk of Council