§ 2-8. Procedures for processing checks returned to city for insufficient funds.  


Latest version.
  • The following procedures are hereby established for processing checks returned to the city for insufficient funds:

    (1)

    If any check or other means of payment tendered to the city in the course of its duties is not paid by the financial institution on which it is drawn because (i) of insufficient funds in the account of the drawer, (ii) no account is in the name of the drawer, or (iii) the account of the drawer is closed, and the check or other means of payment is returned to the city unpaid, the amount thereof shall be charged to the person on whose account it was received, and his liability and that of his sureties shall be as if he had never offered any such payment.

    A fee of fifty dollars ($50.00) or the amount of any costs, whichever is greater, shall be charged to the person or firm that utters, publishes or passes any check, draft or order for payment of taxes or any other sums due to the city, which is subsequently returned to the city treasurer for insufficient funds or because there is no account or the account has been closed, or because such check, draft or order was returned because of a stop-payment order placed in bad faith on the check, draft or order by the drawer. This fee shall be in addition to any penalty provided by law, except the penalty imposed by section 58.1-12 of the Code of Virginia shall not apply.

    (2)

    The service for which the unpaid check or other means of payment was rendered shall be discontinued immediately or other appropriate action taken, as applicable. The amount due pursuant to subsection 2-8(1) above shall be presented to the city treasurer in the form of cash, money order or certified check for prompt resumption of service; otherwise service will be resumed once payment of this amount has been received by the city from the financial institution on which the check or other means of payment has been drawn.

    (Ord. No. 76-1700-88, 8-17-76; Ord. No. 78-1700-120, 6-6-78; Ord. No. 82-1700-202, 8-17-82; Ord. No. 03-1700-713, § 1, 5-20-03; Ord. No. 06-1700-809, § 1b., 7-18-06; Ord. No. 11-1700-901, § 1, 4-19-11; Ord. No. 18-1700-1011, § 1, 2-20-18)

    Note— See the editor's note following § 2-1.