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HomeMy WebLinkAboutCC ORD 1993-2066 Recovery of criminal justice administration fees (Special)ORDINANCE NO. 9 3- 2 0 6 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING RECOVERY OF CRIMINAL JUSTICE ADMINISTRATION FEES IMPOSED BY SAN DIEGO COUNTY The City Council of the City of National City does ordain as follows: Section 1. Government Code §29550.1 authorizes a city to recover any criminal justice administration fees imposed by a county on the city pursuant to Government Code §29550; and the County of San Diego has enacted an ordinance imposing criminal justice administration fees on the City of National City in the amount of $154.00 pursuant to the authority of Government Code §29550. Section 2. The City of National City disputes the amount of the criminal justice administration fee imposed pursuant to said ordinance, and has refused to pay said fee, pursuant to the authority of Government Code §907. Section 3. Pursuant to the authority of Government Code §29550.1, the City Manager is authorized and directed to recover all criminal justice administration fees imposed on the City of National City by the County of San Diego. Section 4. At such time as the dispute between the City of National City and the County of San Diego as to the amount of the criminal justice administration fee is resolved, the City Manager or his designee shall seek recovery of all criminal justice administration fees as authorized by Government Code §29550.1 from any person arrested by officers of the City of National City and convicted of any criminal offense related to the arrest. Section 5. The courts of San Diego County are hereby requested to order payment in the amount of $154.00 for the criminal justice administration fees, as authorized Government Code §29550.1, by convicted persons at the time of entering judgment of conviction of any person arrested by officers of the City of National City. Execution of the order for payment shall be made in the same manner as a judgment in a civil action. Continued on Page Two Ordinance No. 9 3- 2 0 6 6 Page 2 of 2 Section 6. The Courts of San Diego County are hereby requested to impose as a condition of probation an order that the convicted person reimburse the City of National City for criminal justice administration fees imposed on the City of National City by San Diego County in the amount of $154.00 as a result of the arrest, booking and processing of the convicted person. Section 7. Until such time as the dispute between the City of National City and the County of San Diego as to the amount of the criminal justice administra- tion fee is resolved, the Courts of San Diego County are hereby requested to have all criminal justice administrative fees paid by convicted persons into a trust account administered by the County, the Court Administrator, or the County Auditor, to be held for the benefit of those cities required to pay such fees to the County. At such time as the aforementioned dispute is resolved, said cities may recover the amount of criminal justice administration fees previously paid into said trust fund, together with all interest accruing on such fees, and thereafter, all of such fees are to be collected by the cities as prescribed in Government Code §29550.1. PASSED and ADOPTED this 24 thday of August , 1993. g_ljat5- George H. Waters, Mayor ATTEST: LORI ANNE PEOPLES Lori Anne Peoples City Cle BY: Mary J. nid'ls, Deputy APPROVED AS. TO FORM: --/a Z George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 24, 1993 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters None None None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California By: I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on August 17, 1993 and on August 24,, 1993 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO.93720.66 of the City of National City, passed and adopted by the Council of said City on .. ugust<..24,.1993 (Seal) By: City Clerk of the City of National City, California Deputy