§ 7.09 Setoff Program Provisions

This section shall establish policies and procedures for the City pursuant to Section 421.65 of the Code of Iowa, to allow the City to utilize and invoke the setoff program provisions of the State for collection of debts owed to the City and for which the City has provided the obligor with an opportunity to contest.

1. Definitions. The following terms are defined for use in this section:

A. “Department” means the Iowa Department of Revenue.

B. “Obligor” means a person, not including a public agency, who has been determined to owe a qualifying debt.

C. “Public agency” means a board, commission, department, including the Department of Revenue, or other administrative office or unit of the State or any other State entity reported in the Iowa Annual Comprehensive Financial Report, or a political subdivision of the State, or an office or unit of a political subdivision. Public agency does include the Clerk of the District Court as it relates to the collection of a qualifying debt. Public agency does not include the general assembly or Office of the Governor.

D. “Public payment” means any claim a public agency owes to an obligor.

E. “Qualifying debt” means any of the following:

(1) Any debt, which is assigned to the Department of Health and Human Services, or which is owed to the Department of Health and Human Services for unpaid premiums under Section 249A.3(2)(a)(1) of the Code of Iowa, or which child support services is otherwise attempting to collect, or which foster care services of the Department of Health and Human Services is attempting to collect on behalf of a child receiving foster care provided by the Department of Health and Human Services.

(2) Any debt which is in the form of a liquidated sum due, owing, and payable to the Clerk of the District Court.

(3) Any liquidated sum certain, owning, and payable to a public agency, with respect to which the public agency has provided the obligor an opportunity to protest or challenge the sum in a manner in compliance with applicable law and due process, and which has been determined as owing through the challenge or protest, or for which the time period provided by the public agency to challenge, or protest has expired.

2. Memorandum of Understanding. The City shall enter into a memorandum of understanding with the Department which shall outline the program guidelines for use of the State Setoff Program.

3. Qualifying Debt. The Clerk shall only certify to the Department qualifying debt as approved by the Department through the completion of a qualifying debt questionnaire and for which the City has provided appropriate documentation showing the City’s legal authority for charging, implementing a fine or fee for violation of, or imposing costs related to the abatement of certain conditions when appropriate legal authority exists to the City. The qualifying debt questionnaire may be updated from time to time as required by the City to add or remove qualifying debt or as needed by the Department.

4. Due Process. Prior to submission of a debt to the Department the City shall provide the obligor due process as outlined in this section prior to the submission of a debt:

A. With respect to the qualifying debt, the City shall provide the obligor with 15 days’ advance written notice to the obligor’s last-known address. Such notice shall provide the obligor with a minimum period of 15 days in which they may file an appeal in writing to the Clerk.

B. Upon receipt of a written request for an appeal on a debt to be submitted to the Setoff Program the Clerk shall schedule a hearing with the Council for the next regularly scheduled meeting and notify the obligor of the hearing date and time at least five days in advance of the hearing.

C. At the time and date of the hearing, the Council shall hear any evidence brought forth by the obligor and shall examine the City’s file regarding the matter. The Council shall make a ruling upon a majority vote of the members in attendance.

D. If the qualifying debt is upheld by the Council and the debt has not yet been paid by the obligor, the Clerk may certify the delinquency to the Department pursuant to Section 421.65 of the Code of Iowa and the memorandum of understanding between the City and the Department.

The following ordinances not codified herein, and specifically saved from repeal, have been adopted establishing Urban Renewal Areas in the City and remain in full force and effect.

ORDINANCE NO. ADOPTED NAME OF AREA 1993-180 October 13, 1993 Tiffin Urban Renewal Area 1995-201 December 13, 1995 1995 Addition to Tiffin Urban Renewal Area 2003-263 July 9, 2003 2003 Addition to Tiffin Urban Renewal Area 2005-271 July 13, 2005 2005 Addition to Tiffin Urban Renewal Area 2010-304 July 14, 2010 2010 Addition to Tiffin Urban Renewal Area 2010-306 January 12, 2011 2010 Addition to Tiffin Urban Renewal Area November 2012 Addition to Tiffin Urban 2012-320 January 9, 2013 Renewal Area 2014-357 June 11, 2014 2014 Addition to the Tiffin Urban Renewal Area 2016-380 January 19, 2016 2016 Addition to the Tiffin Urban Renewal Area 2017 Park Place Commercial Urban Renewal 2017-400 May 2, 2017 Area Tiffin Urban Renewal Area of the City of 2017-405 June 20, 2017 Tiffin, Iowa Resolution Deleting Property from the Tiffin 2017-047 June 20, 2017 Urban Renewal Area 2017-409 July 18, 2017 2017 Addition to the Tiffin Urban Renewal Area 2018-134 January 2, 2018 Tiffin Urban Renewal Area 2018-422 January 2, 2018 2018 Addition to the Tiffin Urban Renewal Area 2020-474 June 16, 2020 2020 Addition to the Tiffin Urban Renewal Area 2020-050 June 16, 2020 Amendment to the Tiffin Urban Renewal Area 2017 Park Place Commercial Urban Renewal 2021-489 December 21, 2021 Area 2024-511 June , 2024 June, 2024 Addition to the Urban Renewal Area 2024-513 July 16, 2024 July, 2024 Addition to the Urban Renewal Area

The following ordinances not codified herein, and specifically saved from repeal, have been adopted designating Urban Revitalization Areas in the City and remain in full force and effect.

ORDINANCE NO. ADOPTED NAME OF AREA 2014-365 November 12, 2014 Villages Part I Urban Revitalization Area 2017-408 July 18, 2017 Villages Part I Urban Revitalization Area