2.16.080 Fees, costs and restitution.
A. Upon conviction or a plea of guilty, a defendant in a criminal case shall be liable for restitution and such other costs, including repayment of court-appointed attorney fees, as are imposed by the court, to the same extent as would a person convicted in a district court of this state.
1. Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant, including witness costs and fees. Costs cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of governmental agencies that must be made by the public irrespective of specific violations of law.
2. The court shall not sentence a defendant to pay costs unless a defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall consider the financial resources of the defendant and the burden that payment of costs will impose.
3. A defendant who has been sentenced to pay costs who is not in contumacious default in the payment thereof may at any time petition the court for remission of the payment of costs or any unpaid portion thereof. If it appears to the satisfaction of the court that the payment of the amount due will impose manifest hardship upon the defendant or his immediate family, the court may remit all or a part of the amount due in costs, or modify the schedule of payment.
4. In setting costs for the repayment of court-appointed attorney fees, the court may assess the actual costs incurred or may establish a schedule of repayment for various types of services. In any case the court may require repayment of all or a portion of the attorney fees in accordance with this section.
B. Unless otherwise directed by the court, in any case where fees or costs are imposed, such fees and costs shall be charged against the first monies paid by the defendant into the registry of the court, after payment for any court-ordered restitution.