Ord 45-10ORDINANCE NO. 45-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 39, "RETUNED CHECK SERVICE CHARGE",
OF THE CODE OF ORDINANCES BY AMENDING
SECTION 39.01, "SERVICE ChIARGE FOR RETURNED
CHECKS", TO MAI~.E THIS SECTION CONSISTENT WITH
FLORIDA STATUTES SECTION 166.251, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach desires to modify this section in order to make it
consistent with Florida Statutes Section 166,251.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 39, "Ret~,~rned Check Service Charge", of the Code of Ordinances
Qf the City of Delray Beach is amended by amending Section 39.01, "Service Charge for Returned
Checks", to read as follows:
Sec. 39.01. SERVICE CHARGE FOR I?:ETURNED CHECKS.
In the event a check. draft or other order for payment of money given to the City in
payment of a permit, license, utility bill or any other type of bill, or any miscellaneous receipt issued
by the City, is not paid by the bank on which it is drawn but instead is returned, the City shall assess
a service fee of twenty dollars {20,00} or five {5} percent of the face amount of each check, draft or
other arder for payment of money so returned, whichever is greater for the collection of a
dishonored check. draft or other order for payment of money to the City. However, this fee may be
waived. at the City's discretion in the event of a bank error or other similar circumstance outside the
customer's control If a service fee is imposed, this service fee shall be billed to the customer. The
service fee shall be in addition to all other penalties imposed by law.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, ar word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSER AND ADOPTED in regular
day of ~~fiu~ , 2011.
ATTEST: '~
City Clerk
First Readin ~~ ~ ~~
Second Readin l ~ ~~~~
session on s nd and final rea g on this the
MA
2
ORD. NC-. 45-10
Coversheet
~EMURANDUM
TO: Mayar and City Cammissianers
FROM: David T. Harden, City Manager
DATE: December 14, 2010
SLIBIECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 4 2011
ORDINANCE N0.45-10
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission to amend Chapter 39, Section 39.01, "Service Charge far
Returned Checks", to make this section consistent with Florida Statutes Section 16b.251, "Service Fee
far Dishonored Check°'.
BACKGROUND
At the first reading on December 7, 2010, the Commission passed Ordinance No. 45-10.
RECOMMENDATION
Recommend approval of Ordinance No. 45-10 on second and final reading.
http:llitwebapp/AgendalntranetBluesheet.aspx?ItemID=4072&MeetingID=280 1/512011
ORDINANCE NO.45-10
AN Oli'.DiNANCE OF THE QTY COMNIISSION OF THE
QTY OF DEL.RAY BEACH; FLORIDA, A~rIENDING
CHAPTER 39, "RETUIt]~lE D Q-iE CK SERVICE CTiAItGE ",
OF THE CODE OF OZi;DINANCES BY AMENDING
SECTION 39.01, "SERVICE CHARGE FOR RETLIIStiIED
Q-iECKS", TO 1/~~KE THIS SECTION CONSISTENT WITH
FLORIDA STATUTES SECTION 166.251, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
Wi~REAS, the City of Delray Beach desires to ~x~c~dify tlvs section in order to make it
consistent with Florida Statutes Section 166.251.
NOW, THEREFORE, BE IT ORDAINED BY T'HE QTY COMNIISSION OF THE
CITY OF DEL,RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 39, "Returned Check Service Charge", of the Code of Orc~nances
of the City of Delray Beach is arnertGled by amertdirig Section 39.01, "Sercrice Qiarge for Returned
C~ucl", to re~i as follows:
Sec. 39.01. SERVICE CHARGE FOR RETLiSNED CHECKS.
In the event a check draft or other order for ,payment of rmney given to the City in
payr~~ent of a permit, license, utility bill or any other t~rpe of bill, or any mis~:ellaneous receipt issued
by the City, is not paid by the bank on which it is drawn but instead is returned, the City shall. assess
a service fee of ttnenty dollars ($20.00) or five (5) percent of the face amount of each cheep, draft or
other order for payment of money so reteux~ed, whichever is greater for the collection of a
dishonored cheeky draft or other order for paymer~t of money to the City However, this fee maybe
waived at the City's dhscretion in the event of a bank error or other sirrrilar circumstance outside the
customer's control. If a service fee is unposed this sexvice fee shall be billed tQ the customer. The
service fee shall be in addition to all other penalties imposed by law
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or ~wrd be declared by a court of competent jurisdiction to be
invalid, such decision slyall not affect the validity of the x+~~caainder hereof as a whole or pact thereof
other tlcan the part decLued to be invalid
Suction 3. That aU ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective imrr~diately upon passage on
second and final x~~
PASSED AND ADOPTED in n~;ular session on second and final t~~~ding on this the
day of 2014.
ATTEST:
Cify C~erlc
First Reading
Second
MAYOR
2 ORD. NO.45-1{~
Caversheet
MEl1~ICfRANDITM
TO: Mayor and City Commissioners
FROM: R. BRIAN SHUTT, CITY ATTORNEY
DATE: December I, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 12,B. -REGULAR COMMISSION MEETING OF DECEMBER 7 2010
ORDINANCE N0.45-10
ITEM BEFORE COMMISSION
The item before the Commission is Ordinance Number 45-10 which amends Section 39.01 of the Cade
of Ordinances to make this section consistent with Florida Statutes 166,251.
REVIEW BY OTHERS
The Finance Department desires to bring Section 39.01 into compliance with Florida Statutes to include
service charges on all forms of payment to the City that are returned.
RECOMMENDATION
Staff recommends approval of Ordinance No. 45-10.
http:llitwebapp/AgendalntranetlBlueseet.aspx?ItemID=4026&MeetinglD=278 1218!2010