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Council moves forward to align Marietta municipal code with state law reducing bonding escrow maximum to 5%
Summary
The council approved forwarding an amendment from municipal court to change the city's bonding escrow provision so the bond maximum aligns with revised state law (5%); staff said the local $5,000 minimum would remain in place.
The Marietta City Council voted to move forward with an amendment to the city code that clarifies the municipal courtbonding/escrow requirement and aligns the city's ordinance with recent changes in state law.
The municipal court judge requested the change after a case raised the issue that state law now provides for a 5% escrow maximum in certain circumstances rather than the 10% the city code previously listed. City staff explained the state law sets a maximum and does not establish a state minimum; Mariettawill retain a local $5,000 minimum threshold where that minimum applies.
Council members asked procedural questions to ensure the 5% allowance interacts correctly with the local $5,000 minimum and asked who determines a bonding company's 18-month compliance window; staff said the business license department and municipal court would administer the compliance determination. The council moved the amendment forward and indicated it will be placed on the Wednesday consent agenda for second reading, with final action to follow as required by procedure.
