(A) Applicability. There is hereby established a deferral program pursuant to I.C. 34-28-5-1(e). Said deferral program may be applied to violators, who, in the sole reasonable discretion of the attorney for the Town engaged to prosecute the violations pursuant to this chapter, are eligible for said 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 Town;
(b) The defendant in the action agrees to pay to the clerk of the court an initial user's fee of fifty-two dollars ($52) and a monthly users's fee equal to ten dollars ($10) per month for the number of months set by the attorney for the Town, said period to be at least six (6) months and not more than twelve (12) months;
(c) The terms of the agreement are recorded in an instrument signed by the defendant and the attorney for the Town;
(c) The defendant in the action agrees to pay court costs of twenty-five dollars ($25) 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 subsection the attorney for the Town shall request the court to dismiss the action. Upon receipt of a request to dismiss an action under this subsection, 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) All amounts collected as deferral program fees pursuant to subsection (B)(1)(b) above shall be remitted to the Town Clerk and be used for the payment of legal expenses of the Town incurred in enforcing said violations, and for all other legal and law enforcement expenses of the Town as designated from time to time by the Town Council.
(Ord. 2001-29, passed 12-27-01)