City of Ute ORDINANCE 236 AN ORDINANCE ADDING TO THE UTE MUNICIPAL CODE, 2017, TITLE II – POLICY AND ADMINISTRATION, CHAPTER 11 – DEBT SETOFF PROGRAM Be It Enacted by the City Council of the City of Ute, Iowa: SECTION 1. NEW CHAPTER. The Code of Ordinances of the City of Ute, Iowa, 2017, is amended by adding a new chapter, numbered Title II, Chapter 11, entitled DEBT SETOFF PROGRAM TITLE II – Policy and Administration CHAPTER 11 DEBT SETOFF PROGRAM 2-11-1 PURPOSE. The purpose of this Chapter is to establish policies and procedures pursuant to Iowa Code 421.65, authorizing the City to invoke the setoff provisions contained therein for debts owing the City and for which the City has afforded the debtor the opportunity to contest the debt. 2-11-2 DEBTS SUBJECT TO SETOFF CONSTITUTING “QUALIFYING DEBT” PURSUANT TO IOWA CODE 421.65. All debts or charges authorized herein by the City of Ute Code or otherwise set by Resolution approved by the Ute City Council shall be deemed “qualifying debts” subject to the provisions of Iowa Code 421.65, for which the City shall provide those procedures as set out herein Title II, Chapter 11 of the City Code. Such “qualifying debts” include, but are not limited to the following: (a) Past-due utility bills - water, water improvement fee, sewer, landfill, garbage; (b) Unreturned (overdue) or damaged library materials/ equipment; (c) Past-due parking tickets; (d) Park Shelter Fees (e) Past-due pet license or chicken license; (f) Past-due sidewalk repair/replacement costs; (g) Past-due sidewalk snow/ice removal invoice; (h) Past-due mowing invoice; (i) Past-due nuisance abatement invoice; (j) Past-due animal impound fee invoice; (k) Past-due connection fees, permit fees, private water lines, curb box (shut off), water meters; (l) Past-due subdivision/planning fees including engineering fees incurred on behalf of developer; (m) Past-due building permit fees (n) Past-due tree trimming fees (o) Past-due ambulance transport (p) Any debt which is in the form of a liquidated sum due, owing, and payable to the clerk of the district court; and (q) Any other liquidated sum certain, owing, and payable to the City of Ute, Iowa, with respect to which the City has afforded the debtor notice provided herein. 2-11-3 PROCEDURE FOR CERTIFICATION TO THE IOWA DEPARTMENT OF REVENUE FOR SETOFF. With respect to any debt herein, the City shall provide the debtor fifteen (15) days advance written notice to the debtor’s last-known address, affording the debtor a period of fifteen (15) days within which to protest or appeal the delinquency by requesting an informal hearing with the City Clerk and Mayor of the City. Protests or appeals must be received at Ute City Hall in writing within fifteen (15) days of the date of the notice. If the delinquency is upheld by the Mayor, or the debtor has not paid the debt within fifteen (15) days of the date of the notice, the City may certify the delinquency to the Iowa Department of Revenue for purposes of collection pursuant to Iowa Code 421.65. SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, said adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. PASSED AND APPROVED BY the Ute City Council this 8th day of September, 2025. James Henschen, MAYOR ATTEST: Megan Peitsch, CITY CLERK First reading of Ordinance: September 8, 2025 Second reading of Ordinance: Waived by vote Third reading of Ordinance: Waived by vote Adoption of Ordinance: September 8, 2025 Publication date: September 18, 2025 Effective date: September 18, 2025 MP9-18-25
