(A) If a person or entity tenders a check to the town for payment of any cost, fee, charge, or fine and such check shall subsequently be dishonored by the drawee bank or financial institution, then upon protest by the town, the drawer of the check and/or the person who tendered the check shall be responsible for paying to the town the face amount of the check along with a service fee of $15 as well as any related charges or fees charged to the town by its bank or financial institution due to the dishonor of the check.
(B) For purposed of this section, the phrase PROTEST BY THE TOWN shall mean the giving of notice (whether verbal or written) to the drawer or person tendering the check notice of its dishonor and a demand for payment.
(C) If the person who drew the check or the person who tendered the check shall make payment to the town of the face amount of the check prior to protest being made by the town and if the town incurred no charges or fees due to the dishonor of the check, then the service fee set forth in division (A) above shall not be charged.
(D) If payment of the face amount of the check along with the service fee and charges set forth in division (A) above are not paid to the town within 30 days of protest by the town, then the town may sue to collect the face amount of the check along with any amount allowed by I.C. 26-2-7-6 or any other law pertaining to dishonored checks as well interest, legal costs, and attorney fees.
(E) Nothing in this section shall excuse or replace any late fee which may otherwise be due from a resident or customer due to a late payment caused by a dishonored check. Any late fee charged pursuant to any statute or ordinance shall be charged in addition to the service fees and charges assessed hereunder due to the dishonored check.
(Ord. 2012-09, passed 6-12-2012)