(A) Incorporation. The preambles which are attached to the ordinance codified herein be, and the same hereby are incorporated by this reference as if set out in full at this place.
(B) Adoption. It shall be the policy of the village to establish and implement a returned check collection policy in accordance with the financial policy set forth in division (D) below and incorporated herewith.
(C) Amendment. The Village Administrator is hereby granted authority to amend the returned check collection policy and/or any forms created for the implementation thereof as deemed necessary, expedient and in the best interest of the village without further action by the corporate authorities. Any such amendment shall be made in writing and published by the Village Clerk as the official returned check collection policy for the village.
(D) Returned check collection policy.
(1) Check cashing. All checks exchanged for village goods and services are to be made payable to the village.
(2) Returned check policy. In an effort to streamline and improve collections on checks returned unpaid, the following guidelines and procedures are hereby established: each check issued to the village shall only be presented to the village depository on one occasion. The village shall not re-deposit any check returned unpaid for any reason (including but not limited to “non-sufficient funds,” “account closed” or “stop payment”).
(3) Service charge. The village shall assess a standard fee of $25 for each returned check, in accordance with applicable statute. This fee shall be payable to the village in addition to the face value of the check issued.
(4) Collection procedures.
(a) Upon notice of a returned check, the Village Administrator or other authorized officer or staff member shall issue a written demand for payment within 30 days. The letter shall be sent by certified mail, return receipt requested and contain the following information:
1. The check number;
2. Date of check;
3. Amount of the check;
4. Total amount due; and
5. Instruction that payment shall be accepted only in the form of cash, certified check, credit card or money order, and that payment must be made in full.
(b) If the payor fails to remit payment on the returned check within the 30-day period, the matter will be referred to legal counsel for further collection procedures. If the returned check represents payment for water and sewer services, disconnection procedures will begin after the 30-day period has expired, and a reconnection fee will be charged in accordance with the then current utility billing and collection procedures. In the event the matter is referred to legal counsel, payor shall be responsible for reasonable attorney fees and costs of collection, in addition to all other sums due.
(c) If a customer presents two returned checks in a one-year period, the village will only accept future payment for goods or services from that customer in the form of cash, certified check, credit card or money payment, unless it is otherwise deemed prudent to do so by the village administration, in its sole discretion.
(Ord. 914, passed 5-21-2008)