24-14 Enact Section 129.60 Collection Fees

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ORDINANCE NO. 24 -14 Placed on first reading and referred to the Finance Committee 9/2/14, sec- ond reading 9/15/14. Substitute rec- ommended for adoption 9/29/14. Please substitute for the original. BY: Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, to enact new Section 129.60, Collection Fees, within the Administrative Code of the City of Lakewood to authorize the recovery of any fees associated with collections from delinquent ob- ligors' accounts. WHEREAS, it is necessary and desirable to amend the Administrative Code of the City to include provisions for the recovery of collection fees incurred by the City in the collection of delinquent obligors' accounts; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government, and the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this or- dinance is an emergency measure and that it shall take effect immediately, as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that it is in the best interest of the City to engage a collection firm and authorize the recovery of collection fees from delinquent obli- gors; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 129.60, Collection Fees, of the Codified Ordinances of the City of Lakewood shall be and is hereby enacted to read as follows: 129.60 COLLECTION FEES. All delinquent accounts placed by the City to a law firm or collection agency for collection shall be assessed a fee on the entire balance due equal to the contin- gency fee charged by each law firm or collection agency as set forth in the firm or agency's agreement with the City. The balance due prior to the assessment of the collection fee shall be the principal balance due plus any interest, penalties, late fees and charges already incurred under this chapter. The collection fee shall be assessed against all payments made on the delinquent account by the law firm or collection agency after the account has been placed for collection. Court costs shall be added to the balance due as they are incurred but shall not be assessed a collection fee. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and