(A) Fee. All county agencies are herewith authorized and directed to collect a fee of $20 from the person or entity who has issued to the county agency a returned instrument which has been returned to the county agency, the County Treasurer or any other department, office, agency, court or personnel of the county government, as uncollectible (“return fee”). It is herewith determined and established by the Board of Commissioners of the county that the return fee is fair and reasonable, and reflects the time, expense, inconvenience and loss to the county government of dealing with the returned instrument.
(B) Time of collection. The return fee may be collected by a county agency at any time, and shall be collected on or before the person or entity which previously issued the returned instrument endeavors to pay or satisfy the obligation previously intended to be satisfied by the returned instrument.
(C) Other costs or expenses. In addition to the return fee established by this section, county agencies shall also be entitled and expected to recover from the person or entity which has issued the returned instrument, on or before the time of satisfaction of the amount intended to be paid by the original negotiable instrument, any actual charge imposed upon the county agency by the financial institution or other party upon which the returned instrument was drawn but not honored.
(D) Other remedies unaffected. Nothing contained within this section is intended to alter or diminish the other rights or remedies of the county government to collect upon an otherwise uncollectible negotiable instrument, or to interfere with the criminal law of the processing or criminal charges against any person or entity which has issued an uncollectible negotiable instrument in violation of state law. The purpose of this section is simply to establish a return fee to be imposed by county agencies relative to returned instruments consistent with standards and requirements of the State Board of Accounts, and in a fashion similar to the imposition of fees by private businesses that have received uncollectible negotiable instruments in payment for goods or services.
(E) Effective date. This section shall become effective immediately upon its adoption. Copies of this section shall be entered in the records of the Board of Commissioners of the county and circulated among the various county agencies to confirm the return fee herewith established.
(Prior Code, § 36-1-4-17) (Ord. 98-185, passed 3-23-1998, 98 COM REC 185-188)