§ 2-137. Bank returned checks, credit card chargebacks and automated clearing house returns.

(a)

Whenever the city is paid any fees authorized or required by this Code, or for any services or commodities, in the form of a check, credit card, automated clearing house (ACH) transaction or other acceptable form of electronic payment and the financial institution refuses payment of the amount, a fee of twenty-five dollars ($25.00) shall be charged to the maker for each check, credit card, ACH or other acceptable form of electronic payment that is refused.

(b)

Any debt to the city for which a check, credit card, ACH or other form of electronic payment has been tendered and returned by any bank financial institution shall only be satisfied by payment in full of the amount, including the returned payment fee of twenty-five dollars ($25.00). Payments shall only be accepted in cash, cashier's check or credit card.

(c)

The city may use any legal means to collect amounts owed to it, including returned payment fees. The city's legal remedies shall include, but are not limited to, the filing of a legal action in a court of competent jurisdiction. Should a legal action be filed, recovery may include the city's reasonable attorney's fees and court costs.

(d)

The city may waive any additional fee pursuant to this section in a situation in which the payment was dishonored for reasons beyond the maker's control.

(Ord. No. 2247, § 1, 6-5-89; Ord. No. 3668, § 1, 5-15-06)

Editor's note

Section 2 of Ord. No. 3668 provided the fees adopted by this section supersede any and all bank returned check fees previously adopted by the mayor and city council. Further, section 3 of said ordinance provided for an effective date, as it relates to the amendments to Scottsdale Revised Code, of July 1, 2006.