(A) The Commissioners hereby establish and approve the Sheriff’s sale program to provide the procedure for the Sheriff to contract for those administrative, technical, clerical and related services that are reasonable and appropriate for the Sheriff to effectively prepare for, manage and implement foreclosure sales.
(B) The Commissioners hereby establish a fund to be titled the Sheriff Sale Fund into which all collections of foreclosure costs fees, as hereafter defined, shall be deposited and from which the appropriate expenses of the Sheriff’s sale program shall be appropriated and paid. The Sheriff’s Sale Fund shall be a non-reverting fund to be used only for the purpose set forth herein and shall not revert to the County General Fund at year end.
(C) The Sheriff is authorized to negotiate and execute a contract with a provider to obtain administrative, technical, clerical and related services (the Sheriff sale services) in order for the Sheriff to conduct the Sheriff’s sale program.
(D) The Sheriff sale services contract shall provide for the delivery of services by a contractor (the contractor) in compliance with all applicable statutory provisions for the conduct of foreclosure sale proceedings and the Sheriff’s sale program. The Sheriff’s sale services contract shall also provide for the payment of a fee, not to exceed the amount set forth in the County Code § 34.27, Sheriff’s Department fee schedule for each cause number schedules in the Sheriff’s sale program, to the contract for such services.
(E) The Sheriff is hereby authorized to charge a fee for the amount set forth in the County Code § 34.27, Sheriff’s Department fee schedule per cause number of property in the Sheriff’s sale program (the foreclosure costs fees) and to deposit the foreclosure costs fees collected by or on behalf of the Sheriff in the Sheriff Sale Fund.
(F) The foreclosure costs fee shall be payable at the time of filing the practice under I.C. 32-29-7-3(b), which shall be a charge for the Sheriff’s sale in addition to other statutory costs and fees.
(G) The Sheriff’s sale program contract shall provide for a complete and accurate accounting of all Sheriff sale program proceeds and compliance with any reporting or record requirements as set forth by the Indiana State Board of Accounts.
(Ord. 2011-05-CM, passed 2-7-11)