Chapter 2.30
COST REIMBURSEMENT FOR DISHONORED PAYMENT INSTRUMENTS

Sections:

2.30.010    Title.

2.30.020    Purpose.

2.30.030    Authority.

2.30.040    Interpretation.

2.30.050    Definitions.

2.30.060    Specific ordinance procedures.

2.30.070    Enforcement.

2.30.010 Title.

This chapter shall be known as the cost reimbursement for a dishonored payment instrument ordinance for the town of Manila, Utah, and may be so cited and pleaded. [Ord. 2-10-05 § I.]

2.30.020 Purpose.

The purpose of this chapter is to fulfill the requirement of government to promote public health, safety and welfare, and the harmonious provision of services and/or products along with the processing of adequate and proper payment from the user recipient. It will also provide a methodology for the recovery of costs associated with the payment for a service or product provided by the town of Manila when a dishonored instrument intending to provide such payment is received. [Ord. 2-10-05 § II.]

2.30.030 Authority.

The mayor and town council of Manila, Utah, adopt this chapter pursuant to the provisions of the Utah Code Annotated, and Utah statutory and common laws as applicable. [Ord. 2-10-05 § III.]

2.30.040 Interpretation.

A.    The interpretation and application of the provisions of this chapter shall be regarded as the minimum required for the protection of the public health, safety and welfare and shall be liberally construed to further the purposes as specified in MMC 2.30.020.

B.    The word “shall” is mandatory. The word “may” is permissive.

C.    Words used in the present tense include the future; words used in the singular include the plural; and words of one gender include all other genders, unless the context clearly indicates the contrary.

D.    Reference to the “town” shall be interpreted to generally apply to town staff, administration, and the council, collectively. [Ord. 2-10-05 § V.]

2.30.050 Definitions.

For purposes of this chapter, the following definitions shall apply:

“Cost reimbursement” means the amount of cost incurred by the town of Manila taxpayers for the receipt and processing of payment for a service or product with a dishonored instrument of payment.

“Dishonored instrument of payment,” as used in this chapter, is defined as a check, draft, or bill of exchange which has been refused for payment for any reason.

“Fee” means the charges incurred by the town of Manila for receipt and processing of a user payment which has been dishonored for any reason.

“Payment” means the amount required by the town of Manila for a service or product provided to a specific user(s).

“Product” means an item sold, installed, or provided to specific user(s).

“Service” means the act of providing the use of something or the performance of a function.

“User,” pertaining to this chapter, is the recipient of a service or product from the town of Manila. [Ord. 2-10-05 § VI.]

2.30.060 Specific ordinance procedures.

A.    Current ordinance and resolution procedures allow for the town of Manila to provide services and products to specific users within and without the service boundaries. A specific payment is required from the user for the receipt of these services or products as established by related schedules for payment.

B.    The typical instrument of payment received by the town of Manila for rendered services or products is a personal or business check drawn on a bank or credit union. On occasion the town of Manila receives a check which becomes refused (dishonored) for payment by the bank or credit union. The town of Manila then sustains costs in the form of a fee levied by the bank or credit union and associated administrative costs in the effort to recover payment from the user.

C.    Upon activation of this chapter, the town of Manila shall charge the provider of the dishonored check a fee, which is intended to recover the costs associated with the receipt and processing of the dishonored payment instrument. This amount shall be in addition to the original payment amount required for rendered services/products.

D.    The amount of this fee shall be $15.00. The user shall be required to pay the full amount of the original payment and the additional fee within 10 days of the date the demand for payment is mailed by the staff of the town of Manila or the user is notified. [Ord. 2-10-05 § VII.]

2.30.070 Enforcement.

A.    It shall be unlawful for any person to violate the provisions of this chapter.

B.    In addition to any other remedy that the town of Manila may have, the town may maintain an action in a court of competent jurisdiction for order to enjoin, injunction, mandamus, and abate any violation of this chapter.

C.    Any person convicted by a court of competent jurisdiction for a violation of any provision of this chapter shall be guilty of a Class B misdemeanor.

D.    A remedy for violation of these provisions may include the future cessation of services or products to the violator.

E.    The mayor is authorized as the enforcing officer for this chapter and shall enforce all provisions, entering actions in court if necessary, and by his or her failure to do so shall not legalize any violations of such provisions. The town council may, by resolution or ordinance, from time to time entrust administration of this chapter in whole or in part to another officer of the town without amendment of this chapter. [Ord. 2-10-05 § VIII.]