(A) In the instance that the Town Treasurer becomes the payee or holder of a check, draft, or order which has been dishonored because of insufficient funds or credit, the Treasure shall send notice thereof to the drawer of the check, draft, or order.
(B) (1) The Treasurer shall impose a fee of $25 for reimbursement for providing for the service of the extra processing involved with said worthless check.
(2) This fee may not be imposed or collected if the Treasurer, Mayor, or Council has already exercised the right to file a complaint for a warrant, and it has already been delivered to magistrate court.
(C) The form of the notice shall be substantially as follows:
“You are hereby notified that a check, number _____, issued by you on (date of check), drawn upon (name of bank), and payable to _____________________, has been dishonored. Pursuant to West Virginia law, you have ten days from the date of this notice to tender payment of the full amount of the check plus a fee of $_____ (not to exceed $25 a worthless check) to the undersigned at ________________. You are further notified that in the event the above amount is timely paid in full you will not be subject to legal proceedings.
Dated:
Signed: _________________________________, Treasurer, Town of White Hall
(D) The provisions of this section does not authorize the Treasurer to make any other written or oral threat of prosecution to enforce or enhance the collection or honoring of the dishonored check, draft, or order.
(E) The Treasurer shall relinquish the check, draft, or order to the maker upon tender of the full amount due at any time before a complaint for warrant has been presented to magistrate court. In the event complaint for warrant has been presented to magistrate court, pursuant to West Virginia Code, payment may be made only through the court in order for the municipality to avoid liability for all costs which may be imposed by the magistrate court in the matter, including all costs which may have accrued by the time the magistrate court is notified of the payment.
(F) Any person aggrieved and disagreeing with the imposition of this fee shall have a right to appeal to the Mayor, pursuant to W. Va. Code § 8-10-1.
(G) All monies derived from the imposing and collection of this service fee shall be deposited and disbursed in the general fund of the town.
(Ord. 04-003, passed 6-27-2004)