(A) Application. This section shall apply to any person who tenders a check, draft, order, or like instrument to any department or office of the city.
(B) Surcharge. If a check, draft order or like instrument tendered to the city is dishonored or returned unpaid for any reason, the city shall charge and collect from the maker or drawer, or the person for whose benefit the instrument was given, an amount not to exceed $20 plus an amount equal to the actual charge by the depository institution for each returned or dishonored instrument. The charge shall not be considered an interest charge, a finance charge, a time-price differential, or any charge of a similar nature.
(C) Notice; collection by city; referral of dishonored checks to Prosecuting Attorney.
(1) Notice. When a surcharge is imposed under division (B) above, the city shall notify the maker or drawer, or the person for whose benefit the instrument was given, by letter sent via U.S. Mail at the address posted on the check, draft, order, or the like if available, and inform the person that the instrument was dishonored or returned unpaid and that the person has ten days after the date the notice is mailed to pay the total amount due, including the surcharge, in either cash, by certified check, or other guaranteed payment.
(2) Collection by city. If the person fails to make payment within the ten-day period, the city may refer the matter to a collection agency for collection, or the city may file a civil action in a court of competent jurisdiction for the amount due to the city, including any surcharges, court costs and reasonable attorneys fees.
(3) Referral to Decatur County Prosecutor's Office. In addition, if the city is unable to obtain payment of a dishonored check, the city shall refer the matter to the prosecuting attorney for prosecution pursuant to IC 36-1-8-13.
(Ord. 2009-2, passed 4-6-09)