4800 West 92nd Avenue Westminster, CO 80031

City Government

 

8. Penalties And Interest

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11/13 

CHAPTER 8

PENALTIES AND INTEREST

1-8-1: PENALTIES
1-8-2: INTEREST
1-8-3: DISHONORED CHECK; PENALTIES

1-8-1: PENALTIES:  (1256 1563 1595 1699 1803 1869 2000 2086 2239 3705)

(A) All violations of any provision of this Code are hereinafter deemed noncriminal offenses and are civil matters, except those violations that are expressly designated as criminal offenses or which are punishable by imprisonment under this Code or under any counterpart state statute.  Trial of noncriminal offenses shall be to the Court.  No defendant found civilly liable for a noncriminal offense shall be punished by imprisonment for said offense.  Any person convicted of a noncriminal violation of any section of this Code shall be fined an amount not to exceed two thousand five hundred dollars ($2,500).  Any person convicted of a criminal violation of any section of this Code shall be imprisoned for a period not to exceed three hundred sixty-five (365) days or fined an amount not to exceed two thousand five hundred dollars ($2,500) or both; provided, however, that a person under the age of eighteen (18) years as of the date of the offense for which he is convicted shall not be subject to the imposition of a jail sentence of more than ten (10) days, except in the case of a conviction of a criminal traffic offense.

(B) The penalties provided in subsection (A) of this Section shall be applicable to every section of this Code the same as though it were a part of each and every separate section. 

(C) A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code. 

(D) Any person found to have committed a violation of a noncriminal traffic infraction, as designated in Section 10-1-3 of this Code, shall be punished by a fine of not more than five hundred dollars ($500). 

1-8-2:  INTEREST:  (1699)

(A) Any amount due to the City that is not paid within sixty (60) days shall be assessed an interest charge of one-half percent (1/2%) per month for each month past due in excess of sixty (60) days unless otherwise provided for by Charter, Code, statute, or contract.

(B) Interest shall be compounded by adding the prior month's interest charge to the amount due and calculating the current month's interest based on the total original amount due plus prior accumulated interest. 

(C) When amounts due are paid, the payment will first be applied against interest due, then against penalties and other service charges, and finally against the original amount due, unless otherwise provided for by Charter, Code, statute, or contract.

(D) The provisions of this Section shall become effective for all amounts becoming due on or after June 1, 1987. 

1-8-3: DISHONORED CHECK; PENALTIES:  (1354 1699 2422 3521)

(A) Any payment received by the City that is subsequently returned from the bank will be subject to a service fee and any other applicable collection charge or fee as may, from time to time, be imposed by the City.

(B) Any amount due to the City that is paid by any payment type and is subsequently dishonored by the bank will not be considered paid until the funds are collected.  Such liabilities will be subject to any late charges and fines or other enforcement procedures of the ordinance or contract controlling the original liability in addition to the service fee provided in subsection (A) of this Section.

(C) Subject to the payment discretion of a manager or supervisor, a person may resubmit a dishonored payment by cash, certified check, and when permissible, credit card.  However, if a second payment is dishonored by the bank, an additional penalty of thirty dollars ($30) will be assessed in addition to any other charges incurred by the City for the returned payment.  Only cash or a certified check will be accepted for the redemption of a second dishonored check for the same liability.

(D) Payments made to redeem a dishonored payment will be applied first to the service charge.  Any remaining amount will then be applied to the original liability and/or any penalties or fines as may be specified in the ordinance or contract controlling the original liability or as otherwise specified in this Code.

(E) The City Manager is allowed to administratively set the returned payment fee, but at a minimum, fees will reflect actual charges incurred by the City for any returned payment.

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