(A) Applicability. There is hereby established a deferral program pursuant to IC 34-28-5-1(h). This deferral program may be applied to violators who, in the sole reasonable discretion of the attorney for the city engaged to prosecute the violations pursuant to this chapter, are eligible for the program.
(B) Procedure for deferral program.
(1) Actions may be deferred under this section if:
(a) The defendant in the action agrees to conditions of a deferral program offered by the attorney for the city;
(b) The defendant in the action agrees to pay to the Clerk of the Court an initial user’s fee of $52 and a monthly user’s fee equal to $10 per month for 12 months;
(c) The terms of the agreement are recorded in an instrument signed by the defendant and the attorney for the city;
(d) The defendant in the action agrees to pay court costs of $70 to the Clerk of Court; and
(e) The agreement is filed in the court in which the action is brought.
(2) When a defendant complies with the terms of an agreement filed under this section, the attorney for the city shall request the court to dismiss the action. Upon receipt of a request to dismiss an action under this division (B), the court shall dismiss the action. If a defendant fails to successfully comply with the terms of the agreement, the violation may be tried before the court and the defendant be ordered to pay such fines as the court may determine regardless of the payment of any deferral program fees.
(C) Fees collected. All amounts required in division (B)(1) above shall be due to the Clerk of the Court at the time such deferral agreement is filed with the court.
(Ord. 1, 2009, passed 1-5-09)