§ 34-2. Sale of personal property.

(a)

The County Sheriff's Department shall charge a fee to be deducted out of the proceeds of any sale by the County Sheriff's Department pursuant to an execution against personal property a fee for the conducting of the sale of $10.00 for the first $300.00 of the proceeds of such sale, plus a fee of two percent of so much of the proceeds of such sale which exceed $300.00. If, for any reason, the proceeds of such sale, whether conducted or whether cancelled after the arrival at the place of sale by a representative of the County Sheriff's Department, shall be insufficient for payment of the minimum $10.00 fee to the County Sheriff's Department, then, in such event, this fee shall be paid directly to the County Sheriff's Department by the person requesting such sale.

(b)

Where an attempted execution and levy upon personal property of a defendant results in the issuance of a nulla bona, the fee to the Sheriff's Department therefor shall be $5.00.

(Code 1981, § 8.104.1; Code 1985, § 16-2)