HomeMy WebLinkAboutAdmin Order 31-22-01-F -- Final Municipal Court Fee Schedule AmendmentADMINISTRATIVE ORDER NO. 31-22-01-F
of the
City Manager of the City of Eugene
SETTING MUNICIPAL COURT FEES AND SUPERSEDING THE
MUNICIPAL COURT FEE SCHEDULE ADOPTED BY
ADMINISTRATIVE ORDER NO. 31-19-01-F.
The City Manager of the City of Eugene finds as follows:
A. Section 2.020 of the Eugene Code, 1971, authorizes the City Manager to determine
and set fees and charges to be imposed by the City for services, goods, use of municipal property,
and licenses and permits.
B. Pursuant to that authority, on October 16, 2019, Administrative Order No. 31-19-
01-F was issued making the most recent changes to Municipal Court fees and adopting an updated
Municipal Court Fee Schedule Fee Schedule (“the Fee Schedule”).
C. On August 23, 2022, I issued Administrative Order No. 31-22-01, ordering that
notice be given of the opportunity to submit written comments on my proposal to set new
Municipal Court fees. The Notice specified that comments on the proposed amendments would
be received for 15 days from August 26, 2022, the posting date of the Notice. No comments were
received within the time or in the manner described in the Notice.
D. Based on my investigation pursuant to the provisions of Section 2.020 of the
Eugene Code, 1971, I find that the fees should be set as proposed. (See Exhibit B to this Order)
E. The unamended Municipal Court fees adopted by Administrative Order No. 31-19-
01-F are incorporated into the Fee Schedule attached as Exhibit A to this Order.
On the basis of these findings, I order that:
1. The Municipal Court Fee Schedule attached as Exhibit A to this Order is the
schedule of fees to be charged for the described services as of the effective date of this Order.
2. As of the effective date of this Order, the Fee Schedule attached to Administrative
Order No. 31-19-01-F is superseded by the Municipal Court Fee Schedule attached as Exhibit A
to this Order.
Dated and effective this 16th day of September, 2022.
Sarah Medary
City Manager
Administrative Order - Page 1 of 1
Municipal Court Fee Schedule
(Effective September , 2022)
Service Fee
1. Case Reopen Fee..........................................................................
(Request to reopen a closed case for review by a Judge.)
$75.00/charge
2. Warrant Fee ................................................................................ $50.00
3. Re-referral to Victim Impact Panel Fee ....................................
(Fee is charged when the Court must refer someone to the Victim
Impact Panel more than one time for the same incident.)
$25.00
4. Shoplift Deferred Prosecution Fee..............................................
(Fee is for the 6 month program, fee depends on the value of the
item stolen.)
$250 - $400
5. Alcohol Related Deferred Prosecution Fee.................................
(Fee is for the 4 month program.)
$75.00
6. Payment Agreement Fee .............................................................
(No charge for first time payment agreements.)
$10 per charge. Not to exceed
a maximum fee of $100
7. Set Aside Fee................................................................................
(Fee is in addition to the fee payable to the Department of State
Police established by ORS 137.225(2)(d))
$60.00
8. Vehicle Compliance Program Administrative Fee..................... $50.00
9. Fix-It Ticket Program Administrative Fee.................................
(For dismissal of citations for Storage of Vehicles with Expired
Registration on Street (EC 5.135(2))
$50.00
MUNICIPAL COURT FEE SCHEDULE - Page 1 of 1
Exhibit A to Administrative Order No. 31-22-01-F
16
Exhibit B
to Administrative Order No. 31-22-01-F
City Manager’s Findings
Proposed Municipal Court Fee Schedule Amendment
Pursuant to Section 2.020(2) of the Eugene Code, 1971, the City Manager has considered the
following factors in determining the proposed Municipal Court fee amendment:
(a) Applicable policies, enactments and directives of the Council.
Findings: N/A
(b) The amount charged by the City in the past.
Findings: $240 per Admin Order 31-19-01-F, which was based on state statute, ORS
137.225, which required all persons applying for Set Asides/Expungements to pay the
filing fee established by statute for circuit court. Senate Bill 397 (2021), which amended
the statute, removed that pre-set fee amount.
(c) The full costs of providing the service supported by the fee.
Findings: Estimate 1.5 hours of clerk time based on current processing of Orders to Set
Aside/Expungements. The proposed $60 fee is based on the $41.31/hour fee used for
the court’s (and City) Public Records Requests ( https://www.eugene-
or.gov/DocumentCenter/View/4013/Public-Records-Requests?bidId= )
(d) The amounts charged by other comparable providers.
Findings: SB 397 eliminated the previously required set fee amount for processing
Orders to Set Aside. Circuit Courts are not currently charging a fee to process such
Orders. The municipal courts in Beaverton, Lake Oswego and Springfield are following
the lead of the Circuit Courts and not currently charging a fee to process such Orders.
(e) The revenue needs of the City as determined by the adopted city budget.
Findings: N/A, processing Orders to Set Aside is not a revenue source
Factors listed above that are irrelevant or inapplicable in determining the amount of the
fees, if any:
(a) And (e) are not applicable
Findings – Page 1 of 1