(A) There is hereby established pursuant to I.C. 33-36-1 et seq. (as currently in effect and hereafter amended) an Ordinance Violations Bureau;
(B) The Town Manager shall be the Violations Clerk.
(C) (1) The Town Manager and his or her staff or designee shall accept, no later than seven days from the issuance of a notice of violation, the written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250 in ordinance violations cases, subject to the schedule of civil penalties adopted in this section, at the Bargersville Town Hall during the hours specified on the complaint or summons issued under the authority of this section.
(2) Civil penalties shall be paid to, receipted and accounted for by the Violations Clerk under procedures provided for by the Indiana State Board of Accounts. Payment of civil penalties under this section may be made in person or by mail to the Violations Clerk.
(3) A person(s) charged with an ordinance or code violation(s) is entitled to a trial before a court as provided by law, unless the person waives the right to a trial and enters an admission of the violation with the Violations Clerk. Upon such an admission, no later than seven days of the issuance of the notice of violation or summons, the Violations Clerk shall assess and receive from the violator(s) the amount prescribed by the schedule of civil penalties established and adopted in this section.
(4) If a person(s) charged with a violation under this section wants to exercise the right to a trial, the person shall appear before the Violations Clerk no later than seven days from the issuance of the notice of violation or summons and deny the violation or enter a written denial with the Violations Clerk.
(5) The Town Manager and his or her designee and any town police officer or other official or employee are authorized by a regulation of the town or state law to issue notices of violation for the violations of regulations and ordinances.
(D) Town ordinances and regulations identified in Schedule "A" attached to Ord. 2020-01 and made a part hereof, shall be within the jurisdiction of the Bureau. For some ordinances, second and subsequent violations, admissions or judgments for violation of some ordinances occurring within 12 months of any other violations, admissions or judgments will be subject to a greater civil penalty. (Where applicable those greater penalties for second and subsequent violations, admissions or judgments are listed to the right of the initial penalty for the first violation, admission or judgment).
(E) (1) If a person(s) upon whom a notice of violation and summons is issued pursuant to this section does not bring an admission of violation and payment of the civil penalty or if a notice of violation of a Bureau ordinance issued pursuant to this section is not properly responded to in writing within seven days of the issuance of the complaint, the Bureau shall add a late charge of $5 per violation to the amount otherwise payable. After 30 days of the issuance of the complaint, the Bureau may accept admission of a violation or payment of the civil penalty in its discretion.
(2) Upon payment of any sum of money to the Bureau, as provided, the Violations Clerk shall issue a receipt to the person so paying. The Violations Clerk shall keep a record of all payments and shall account for all sums paid to the Bureau with a monthly report on the Bureau's activities showing the total number of complaints issued, including the dates of issuance and the number of such cases referred to the Town's Attorney who has initiated an action to prosecute the violation.
(3) If a person upon whom a complaint and summons is issued pursuant to this section fails to deny or admit a violation within 30 days, the Town Attorney may bring legal proceedings in a court of competent jurisdiction. Under such circumstances, if a judgment is rendered in favor of the town, court costs will be assessed in addition to any fine or other relief provided.
(4) If a person upon whom a complaint and summons is issued desires to challenge the ticket and assure that it will be kept under the jurisdiction of the Ordinance Violation Bureau, he or she must go to the Violations Clerk's office and expressly deny the violation or send a signed written statement indicating his or her denial to the Violations Clerk within 30 days of the issuance of the complaint. Under such circumstances, the Town Attorney will initiate legal proceedings in a court of competent jurisdiction.
(5) Any action taken pursuant to this section does not preclude the town from taking other legal action to enforce said ordinance or code provision, in lieu of issuing a complaint under this section, including but not limited to injunctive relief and recovery of damages.
(6) If a person denies an ordinance or code violation as set out herein, or fails to pay and satisfy the penalty after having entered an admission of violation, or fails to deny or admit the violation, the Clerk shall report this fact to the Town Attorney, who may then initiate an action to prosecute the violation.
(Ord. 2019-03, passed 1-29-2019; Ord. 2020-01, passed 1-20-2020)