Sec. 2-594. Collections.
(a) Purpose. This section is intended to supplement other existing sections of this Code regarding collection of monies and is not intended to supersede or replace other sections of this Code which may be specific to particular departments.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Debtor means a person or any other entity who owes the city money for any reason, including but not limited to sales tax, inspection fees, utilities fees or any other fees, costs or expenses incurred by the city which are the responsibility of the debtor.
Offset means a claim and satisfaction thereof by the city withholding money due the debtor where such offset money serves to counterbalance or compensate for any claim made by the debtor against the City.
Withhold means the decision by the City to refrain from paying monies which are due pending a final determination of the status of the monies.
(c) Procedures. For failure to pay any amount owed the City, the city manager or his or her designee shall have the authority, upon confirmation of the indebtedness, to implement one or more of the following procedures:
(1) Denial, suspension, withholding or revocation of any city permit or license sought or held by the debtor.
(2) The withholding or involuntary offsetting of any monies from any transaction due to the debtor from the City by the amount due to the city from the debtor.
(3) Disqualification from bidding for any city business pursuant to procedures set forth in article VI of this chapter.
(4) Any other means of collection as deemed necessary.
(d) Remedies. The remedies provided for in this section are available so long as the following procedures have been followed:
(1) The originating city department shall provide written notice to the finance department of monies owed the City.
(2) Upon receipt of notice from the originating department, the finance department shall mail an invoice to the debtor.
(3) The debtor must file any objection to the amount stated on invoice within ten working days from post date of the invoice. Failure to do so will be deemed acknowledgement and admission of the amount and validity of monies owed the City.
(4) If an objection is received within the ten-day period, the finance department shall conduct a forthwith hearing, with notice to the debtor, at which the debt shall be confirmed, modified or canceled. Failure of the debtor to pay any amount determined to be owed the City at the hearing may result in the immediate implementation of any of the procedures set forth in subsection (c) of this section. The director of finance or his or her designee shall notify appropriate city departments as to the status of indebtedness and what, if any, collection procedures set forth in subsection (c) of this section should be implemented.
(e) Withholding on construction contracts. In conjunction with subsection (d) of this section the following applies to withholds on construction contracts awarded by the City:
(1) Any withholds pursuant to this section shall be in addition to any retainage withheld from contract payments authorized by C.R.S. tit. 38, art. 26(C.R.S. § 38-26-101 et seq.), or the contract documents.
(2) Upon determination of debt pursuant to subsection (d) of this section, the debtor/contractor may either pay the amount determined or allow a deduction from the amount owed the debtor by the City at the time of final payment on the contract. If debtor/contractor fully pays the debt prior to final payment, the amount will no longer be withheld. The paid debt will be included in the next progress payment according to contract terms.
(3) Amounts determined pursuant to subsection (d) of this section are final and are not subject to further negotiation. (Code 1979, § 2-173; Ord. No. 2005-12, § 10, 4-11-2005)