§ 14-123. Fees.

(a)

In accordance with the provisions of section 30-1-104, 105.5, 106 and 116 Colorado Revised Statutes, enacted pursuant to section 15 of article XIV of the Constitution of Colorado, fees collected by the sheriff or his/her designated representatives, for serving and returning various writs and processes and performing other duties under state law shall be fixed as follows:

(1)

For serving and returning a summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, fifteen dollars ($15.00).

(2)

For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, thirty-five dollars ($35.00).

(3)

For making a return on a summons in a criminal action not served, five dollars ($5.00).

(4)

For making a return on a summons in other than a criminal action not served, on each party, twenty dollars ($20.00).

(5)

For serving and returning each subpoena in a criminal action on each witness, seven dollars and fifty cents ($7.50).

(6)

For serving and returning each subpoena in other than a criminal action on each witness, sixty dollars ($60.00).

(7)

For making return on a subpoena in a criminal action not served, five dollars ($5.00).

(8)

For making return on a subpoena in other than a criminal action not served, twenty dollars ($20.00).

(9)

For serving each juror, ten dollars ($10.00).

(10)

For serving and returning writ of attachment or replevin on each party, mileage as described in (13) plus twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant.

(11)

For serving garnishee summons on each party, twenty dollars ($20.00).

(12)

Mileage for each mile actually and necessarily traveled in serving each writ, subpoena or other process, in a criminal action, shall be calculated for all vehicles used at ninety (90) percent of the prevailing Internal Revenue Service mileage reimbursement rate, except that if either a four-wheel drive vehicle or privately owned airplane is necessary and authorized, the provisions of section 24-9-14(d) and (e), C.R.S. shall apply.

(13)

Mileage for every kind of service in noncriminal matters shall be charged using a zip code based mileage fee structure. The zip code based mileage fee shall be the total round trip miles to and from the center of each zip code by the shortest legal traveled distance from the Denver Sheriff Department Civil Unit multiplied by the prevailing Internal Revenue Service mileage reimbursement rate. The zip code based mileage fee shall be charged regardless of the number of attempts or actual mileage traveled during the sheriff's operational period.

(14)

In making demand for payment on executions when payment is not made, one dollar ($1.00).

(15)

For levying execution or writ of attachment, besides actual inventory, custodial and transportation costs necessarily incurred, twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant, plus mileage as defined in (13) and other actual expenses.

(16)

For levying writ of replevin, besides actual inventory, custodial and transportation costs necessarily incurred, twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant plus mileage as defined in (13) and other actual expenses.

(17)

No custodian shall be appointed by the sheriff to take custody of goods by him/her attached, nor shall any deputy be placed in charge thereof unless the plaintiff or plaintiff's attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars ($12.00) per diem of twelve (12) hours or fraction thereof which shall be taxed as costs in the case.

(18)

For making and filing for record a certificate of levy on attachment or other cases, thirty dollars ($30.00).

(19)

For committing and discharging prisoners to and from the county jail, thirty dollars ($30.00), which fee shall be collected at the time of commitment from the prisoner, but shall be refunded to any prisoner who is not convicted.

(20)

For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, sixty dollars ($60.00); for serving same without aid, four dollars ($4.00).

(21)

For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve (12) hours or fraction thereof, twelve dollars ($12.00).

(22)

For attending courts of record when in session per diem of twelve (12) hours or fraction thereof, twelve dollars ($12.00); but the attendance upon the county court shall be certified by the judge of the court at the close of each month.

(23)

For advertising property for sale besides the actual cost of the advertising, actual expenses, thirty dollars ($30.00).

(24)

For making certificates of sale previous to execution of deed, or on sales of personal property, thirty dollars ($30.00).

(25)

For executing and acknowledging deed of sale of real estate, forty dollars ($40.00).

(26)

For taking, approving, and returning bond in any case, ten dollars ($10.00).

(27)

For executing capias or warrant in criminal cases, on each prisoner named therein, two dollars ($2.00).

(28)

Mileage for transporting insane or other prisoners (besides the actual expenses necessarily incurred) and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, shall be calculated for all vehicles used at ninety (90) percent of the prevailing Internal Revenue Service mileage reimbursement rate, except that if either a four-wheel drive vehicle or privately owned airplane is necessary and authorized, the provisions of sections 24-9-14(d), and (e), C.R.S, shall apply. Mileage shall be only by for one (1) officer, and no mileage shall be charged upon the guards attending the officer having custody of the prisoner, and further except that the guards attending the officer in charge of the prisoner shall receive besides the expenses necessarily incurred the sum of twelve dollars ($12.00) per diem of twelve (12) hours or fraction thereof.

(29)

For his/her services in sales of real estate on an execution of decree, order of court or other court process, besides actual expenses, on all bids under three thousand dollars ($3,000.00), twenty dollars ($20.00); on all sums bid over three thousand dollars ($3,000.00), one (1) percent; but such commission shall in no case exceed the sum of one hundred dollars ($100.00).

(30)

For money collected by sale of personal property on all sums bid under five hundred dollars ($500.00), five (5) percent; on all sums bid over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), six (6) percent; on all sums bid over one thousand dollars ($1,000.00), seven (7) percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars ($100.00).

(31)

For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed in his/her hands, and levy or demand for payment has been made on the proper party, on all amounts under five hundred dollars ($500.00), three (3) percent; on all amounts over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), two (2) percent; on all amounts over one thousand dollars ($1,000.00), one and one-half (1½) percent; but the fee in no case shall exceed the sum of one hundred fifty dollars ($150.00); and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees.

(32)

For pursuing and capturing or pursuit without capture, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of the county, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same together with twelve dollars ($12.00) per diem of twelve (12) hours for the time occupied in such pursuit.

(33)

For serving and returning writ of ne exeat or body attachment, twenty dollars ($20.00).

(34)

For serving copy of execution when making levy on shares of stock under execution on each party served, sixty dollars ($60.00).

(35)

For making certificates of levy on shares or otherwise, thirty dollars ($30.00).

(36)

For making return on execution, sixty dollars ($60.00).

(37)

For executing certificate of redemption, thirty dollars ($30.00).

(38)

For serving and executing a writ of restitution, or order of possession of premises, besides transportation costs necessarily incurred, one hundred twenty dollars ($120.00) for the first two (2) hours of service, except that a sheriff may charge for additional actual expenses if the work performed exceeds two (2) hours in duration. Those charges shall include twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant, plus other actual expenses. A sheriff may charge a fee under this paragraph after the sheriff has provided a detailed accounting of actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph shall only be charged once per location for each service or execution.

(b)

As used in this article, the term actual expenses means those personnel and processing costs incurred in typing, processing, filing, and serving the process papers but does not include mileage.

(c)

Where two (2) or more papers are served on the same person or on different persons at the same time and place and in the same action, the sheriff shall charge the single zip code based mileage fee as defined in (13) for the first process and an additional ten dollars ($10.00) for each subsequent process served.

(d)

The sheriff shall have the authority to establish billing accounts and procedures for Colorado licensed attorneys and collection agencies that have a principal office located in Colorado. The sheriff may suspend such billing privileges for nonpayment or other good cause. Except in the case of such authorized billing accounts, all fees shall be paid in advance, if the amount can then be ascertained.

(Ord. No. 534-80, § 1(157.2), 11-10-80; Ord. No. 100-85, § 1, 3-4-85; Ord. No. 547-88, §§ 1, 2, 8-29-88; Ord. No. 23-97, § 1, 1-6-97; Ord. No. 735-01, § 1, 8-27-01; Ord. No. 689-05, § 1, 9-19-05; Ord. No. 416-10, §§ 1—4, 8-9-10)