§ 1671 - Town clerk
§ 1671. Town clerk
(a) For the purposes of this section a "page" is defined as a single side of a leaf of paper on which is printed, written, or otherwise placed information to be recorded or filed. The maximum covered area on a page shall be 71/2 inches by 14 inches. All letters shall be at least one-sixteenth inch in height or in at least eight point type. Unless otherwise provided by law, the fees to town clerks shall be as follows:
(1) For recording a trust mortgage deed as provided in section 1155 of Title 24, $10.00 per page;
(2) For filing or recording a copy of a complaint to foreclose a mortgage as provided in subsection 4523(b) of Title 12, $10.00 per page;
(3) For examination of records by town clerk a fee of $5.00 per hour may be charged but not more than $25.00 for each examination on any one calendar day;
(4) For examination of records by others a fee of $2.00 per hour may be charged;
(5) Town clerks may require fees for all filing, recording and copying to be paid in advance;
(6) For the recording or filing, or both, of any document that is to become a matter of public record in the town clerk's office, or for any certified copy of such document, a fee of $10.00 per page shall be charged; except that for the recording or filing, or both, of a property transfer return, a fee of $10.00 shall be charged;
(7) For uncertified copies of records and documents on file, or recorded, a fee of $1.00 per page shall be charged, with a minimum fee of $2.00; however, copies of minutes of municipal meetings or meetings of local boards and commissions, copies of grand lists and checklists and copies of any public records that any agency of that political subdivision has deposited with the clerk shall be available to the public at actual cost;
(8) For survey plats filed in accordance with chapter 17 of Title 27, a fee of $15.00 per 11 inch by 17 inch sheet, $15.00 per 18 inch by 24 inch sheet, and $15.00 per 24 inch by 36 inch sheet shall be charged.
(b) A schedule of all fees shall be posted in the town clerk's office.
(c) The legislative body may create a restoration reserve fund of no less than $0.50 per page and no more than $1.00 per page from recording fees established under subdivisions (a)(1) and (6) of this section. The restoration reserve fund shall be used solely for restoration, preservation, and conservation of municipal records. If a municipality has previously established the fund, no additional action will be required.
(d) A legislative body may establish or abolish a restoration reserve fund only by affirmative vote at a legally warned meeting of the legislative body. Nothing in this section shall preclude a municipality from committing funds to a restoration reserve fund in addition to those funds in subsection (c) of this section. (Amended 1959, No. 171, §§ 1-9; 1965, No. 128; 1967, No. 146, § 2, eff. Jan. 1, 1968; 1969, No. 40, § 3, eff. April 4, 1969; 1971, No. 84, § 14; 1979, No. 161 (Adj. Sess.), § 13; 1981, No. 190 (Adj. Sess.), § 1, eff. April 22, 1982; 1985, No. 204 (Adj. Sess.), § 1; 1993, No. 170 (Adj. Sess.), § 13; No. 171 (Adj. Sess.), § 17; 1995, No. 109 (Adj. Sess.), § 1; No. 159 (Adj. Sess.), § 4; 1997, No. 59, § 89a, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 66a; 1999, No. 155 (Adj. Sess.), § 12b; 2007, No. 76, § 33f; 2007, No. 121 (Adj. Sess.), § 29; 2009, No. 47, § 13; 2009, No. 3 (Sp. Sess.), § 22c, eff. June 1, 2009.)