Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.26 CONTROLLER’S DEPARTMENT
2.26.090 Surcharge for a dishonored check, draft, order or like instrument.
(a) Application. This section shall apply to any person who tenders a
check, draft, order, or like instrument to any department of the city of
Bloomington, including the city of Bloomington utilities.
(b) Surcharge. If
a check, draft, order, or like instrument tendered to the city of Bloomington is
dishonored or returned unpaid for any reason, the city may charge and collect
from the maker or drawer, or the person for whose benefit the instrument was
given, an amount not to exceed twenty dollars, 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. When a surcharge is imposed under subsection (b)
of this section, the city shall notify the maker or drawer, or the person for
whose benefit the instrument was given, to inform them 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,
either in cash or by certified check or money order.
If the person fails to
make payment within the ten-day period, the city shall, pursuant to Indiana Code
36-1-8-13, refer the matter to the prosecuting attorney not later than ninety
days from the date the city received the dishonored check. (Ord. 05-18
§ 2, 2005).
<< previous | next >>