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HomeMy Public PortalAbout2013_02_26_O007 Amending the TC re Collection Fee for Taxes, Fees and ChargesThe Town of Leesburg, Virginia ORDINANCE NO. 2013 -0 -007 PRESENTED: February 26, 2013 ADOPTED: February 26, 2013 AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 2 (ADMINISTRATION), ARTICLE IV (FINANCE), SECTION 2 -164 (COLLECTION FEE FOR TAXES, FEES AND CHARGES) WHEREAS, Code of Virginia of 1950, as amended, § 58.1 -3958 authorizes the town to collect an administrative fee when it initiates litigation for the collection of delinquent taxes, fees and charges; and WHEREAS, a judge of the Loudoun County General District Court has asked the Town to clarify the ordinance to allow the ordinance to be more easily understood. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Chapter 2, Article IV, Section 2 -164 be and the same is hereby amended to read as follows: Sec. 2 -164. - Collection fee for taxes, fees and charges. Where any taxes on real estate or any other taxes, fees or charges are not paid by the date on which such taxes, fees or charges are due and payable, there is hereby imposed a fee, as set forth in this section, in addition to all penalties and interest otherwise levied for failure to pay taxes fees or charges on time, to cover administrative costs associated with the collection of such delinquent taxes, fees or charges. If such taxes, fees or charges are paid or collected subsequent to the filing of a warrant or the appropriate legal document by the town or other collection activity, but prior to the judgment, the fee shall be as established by the town council. If such taxes, fees or charges are paid or collected subsequent to the time a judgment is obtained, the fee shall be as established by the town council. In addition, a person from whom any tax, fee or charge is collected shall be liable to the town for any other collection fee, administrative fee, judgment or docketing fee imposed by law. SECTION II. All prior ordinances in conflict herewith are hereby repealed. -2- AN ORDINANCE: TO AMEND AND REORDAIN CHAPTER 2 (ADMINISTRATION), ARTICLE IV (FINANCE), SECTION 2 -164 (COLLECTION FEE FOR TAXES, FEES AND CHARGES) SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION IV. This ordinance shall be effective upon its adoption. PASSED this 26th day of February, 2013. 2T!4&W1YC4rmstattd, Mayor Town of Leesburg ATT Clerk of Counc 1 P: \Ordinances\2013 \0226 Amending Chap 2 of the TC - re Taxes, Fees and Charges.doc