Chapter 3.05
IN GENERAL

Sections:

3.05.010    Fiscal year.

3.05.020    Annual budget and levy.

3.05.030    Annual appropriation for bond purposes.

3.05.040    Cancellation and record of redeemed bonds, etc.

3.05.050    Security requirements for city depositories.

3.05.060    Proceedings against defaulting officer whose duties include collection of money due city.

3.05.070    Fee for passing bad check to city.

3.05.080    Assessment of special court costs.

3.05.090    Administrative fees and collection fees on delinquent accounts.

3.05.010 Fiscal year.

The fiscal year of the city shall begin on July 1st and end on June 30th. (Code 1964, § 10-1; Code 1985, § 12-1).

State law reference – Uniform fiscal year for cities, Code of Virginia, § 15.2-2500.

3.05.020 Annual budget and levy.

The council shall cause to be prepared by the city manager, in accordance with the state statutes, each year an annual budget containing the estimated revenues and all proposed expenditures and borrowings for the ensuing fiscal year, and every year the council shall adopt the annual budget and shall make a city levy as provided for by the state law. (Code 1964, § 10-1; Code 1985, § 12-2).

Cross references – Budget and tax levy ordinances not affected by code or ordinance adopting code, SCC 1.05.060; requirements for passage of tax levy ordinances, SCC 2.10.180; duties of city manager as budget commissioner, SCC 2.20.030(2).

State law references – Budgets, Code of Virginia, §§ 15.2-250315.2-2513; local taxes generally, § 58.1-3000 et seq.

3.05.030 Annual appropriation for bond purposes.

Annually, from the accruing revenues of the city, a sum sufficient to pay all serial bonds maturing during the year and a sum sufficient to pay all other bonds at or before maturity, which sums shall not be less than one percent of the principal amount of the city debt, together with the aggregate annual interest agreed to be paid thereon, shall be, and the same is hereby appropriated to the payment of the principal of the city debt or the purchase of its bonds. (Code 1964, § 10-44; Code 1985, § 12-3).

Cross references – Appropriation ordinances not affected by code or ordinance adopting code, SCC 1.05.060; requirements for passage of appropriation ordinances, SCC 2.10.180.

State law reference – Bond issues for cities, Code of Virginia, § 15.2-2604 et seq.

3.05.040 Cancellation and record of redeemed bonds, etc.

All certificates of debt or bonds of the city which are redeemed or purchased shall be properly cancelled and shall be filed in the city manager’s office, and a register kept by the treasurer and the city clerk, setting forth the time, price, the person to whom paid, and the circumstances of the redemption or purchase of such certificates or bonds of the city, and they shall report the same in their monthly and annual reports to the council, and the cancelled bonds shall be destroyed each year in the presence of a committee of the council. (Code 1964, § 10-45; Code 1985, § 12-4).

3.05.050 Security requirements for city depositories.

No funds belonging to the city shall be deposited in any bank or other institution that is not in full compliance with the Virginia Security for Public Deposits Act. (Code 1964, § 10-18; Code 1985, § 12-5).

State law reference – Security for Public Deposits Act, Code of Virginia, §§ 2.2-44002.2-4411.

3.05.060 Proceedings against defaulting officer whose duties include collection of money due city.

In all cases of default on the part of any officer whose duty it is to collect taxes, assessments, water rents or any other sums due the city, proceedings against such officer and his sureties may be either by regular suit at law on his official bond or by motion in the circuit court of the city for judgment and award of execution against him and his sureties upon such bond for the amount of such default, with interest thereon and such penalties as, under the ordinances of the city, may have attached thereto. (Code 1964, § 2-26; Code 1985, § 12-6).

Cross reference – Official bonds, SCC 2.15.010 et seq.

3.05.070 Fee for passing bad check to city.

If any person shall utter, publish or pass any check or draft for payment of any taxes or other sums due the city, which check or draft is subsequently returned for insufficient funds, or because there is no account or the account has been closed, such person shall pay to the city a fee of $20.00 for each such check, in addition to the taxes or other sums due the city. (Ord. 12-9-82, § I{15}; Code 1985, § 12-7).

State law reference – Authority for above section, Code of Virginia, § 15.2-106.

3.05.080 Assessment of special court costs.

(1) There is hereby assessed, as a part of the fees taxed as costs in (a) each civil action filed in the general district court for the city of Staunton, the juvenile domestic relations district court for the city of Staunton, and the circuit court for the city of Staunton and (b) each criminal or traffic case in such courts in which the defendant is charged with a violation of any statute or ordinance, the sum of $2.00. This assessment shall be collected by the clerk of the court in which the action is filed, and remitted to the treasurer of the city and held by such treasurer subject to disbursements by the city council for the city of Staunton for the construction, renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance.

(2) There is hereby assessed the sum of $10.00 as part of the costs in each criminal or traffic case in the district and circuit courts of the city in which the defendant is convicted of a violation of any statute or ordinance. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the city and held by the treasurer subject to appropriation by the city council to the sheriff’s office for the funding of courthouse security personnel and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security.

(3) There is hereby authorized a processing fee in the amount of $25.00 on any individual admitted to the local jail following conviction. The fee shall be ordered as a part of court costs collected by the clerk, deposited into the account of the treasurer of the city and shall be used by the sheriff’s office to defray the costs of processing arrested persons into local jails.

(4) There is hereby assessed the sum of $5.00 as part of the costs in each criminal or traffic case in the general district, juvenile and domestic relations district, and circuit courts for the city of Staunton in which the defendant is charged with a violation of any statute or ordinance. Such assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the city, and held by such treasurer subject to disbursements by the city council, solely to fund software, hardware, and associated equipment costs for the continued implementation and maintenance of an electronic summons system for the city.

(5) These assessments shall be in addition to any other fees prescribed by law. (Ord. 2016-12; Ord. 2007-13. Code 1985, § 12-8; Ord. 8-12-92; Ord. 7-11-02).

State law reference – Code of Virginia §§ 15.2-1613.1, 17.1-281, 53.1-120(D).

3.05.090 Administrative fees and collection fees on delinquent accounts.

(1) On each delinquent account now or hereafter owed to the city there is hereby imposed an administrative fee, in addition to all penalties and interest, in the amount of $30.00 for taxes or other charges collected 30 days or more after notice of delinquent taxes or charges pursuant to Section 58.1-3919 of the Code of Virginia but prior to taking judgment for such taxes or charges, and $35.00 for taxes or other charges collected after judgment. If the delinquent charges concern a nuisance abatement, the administrative fee shall be $150.00 or 25 percent of the costs, whichever is less, but in no event shall the administrative fee be less than $25.00.

(2) There is also imposed on each delinquent account now or hereafter owed to the city collection fees actually contracted for by the city to any attorney or collection agency. Such collection fees shall not exceed 20 percent of the taxes or other charges so collected and shall become due and payable when the city refers a delinquent account to an attorney or collection agency.

(3) Court costs and/or attorney fees incurred in court proceedings to enforce city 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.

(4) 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 Section 58.1-3980 of the Code of Virginia, 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 subsection 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. (Ord. 2010-03).