San Bernardino Municipal Code Ch. 2.73 Collection of Debts

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DEBT OWING TO THE CITY (sometimes referred to as ACCOUNT or ACCOUNTS). The amount of any unpaid judgment, fee, charge, fine, penalty, tax, assessment or other sum of any nature whatsoever, imposed on a person other than the city pursuant to any provision of this municipal code. The term includes all amounts encompassed in the foregoing notwithstanding the separate or additional classification of such amount that may be set forth in the applicable provision of the municipal code. The term includes all interest; accruals; administrative fees; fees, including attorneys’ fees; penalties; and/or costs of collection associated with the original amount.

(A) Any debt owing to the city is subject to recovery using any procedure for debt collection permitted by law.

(B) The procedures set forth in this chapter are in addition to and not in derogation of any other provision for collection of a debt owing to the city.

(Ord. MC-1330, passed 8-3-2010)

(A) The City Manager may, with the approval of the Mayor and City Council, contract for the services of a collection agency to recover amounts due as a debt owing to the city. If the election is made to use a collection agency, such use shall be consistent with the provisions set forth herein. The City Manager may delegate this authority among the departments of the city as he or she may deem appropriate.

(B) Employment of a collection agency shall not include the services of a licensed attorney and shall not include participation in any court proceeding by the collection agency on behalf of the city except with the prior written approval of the City Attorney.

(C) Prior to transfer of the account to a collection agency, the City Manager, or his or her designee, shall notify the debtor in writing, at the address of record, that the alleged debt owing to the city will be turned over for private collection unless the account is paid or appealed within a designated time period.

(D) Assignment or other legal transfer of the rights in an account to the collection agency may be made with the prior approval of the City Attorney.

(E) No debt owing to the city shall be transferred to a collection agency if the account has been contested.

(F) No contract with a collection agency for the collection of debt owing to the city shall take effect unless and until there are written policies and procedures for the internal processing of such amounts.

(Ord. MC-1330, passed 8-3-2010)