(A) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(B) (1) The Town Clerk/Treasurer is hereby designated as the Town Violations Clerk for the purposes of this division (B).
(2) (a) The Violations Clerk may accept written appearances, waivers of trial, admissions of ordinance violations and payment of civil penalties for ordinance violations.
(b) Civil penalties paid to the Violations Clerk shall be receipted and accounted for by the Violations Clerk under procedures provided for by the State Board of Accounts.
(c) All money collected by the Violations Clerk as civil penalties for ordinance violations shall be accounted for and paid to the town, as provided by law.
(3) Any person who has been charged with violation of any ordinance of the town, which provides a penalty for such violation, may, in lieu of being charged with such ordinance violation in a court, pay a civil penalty to the Violations Clerk in the sum of $20, provided the party performs the following within ten days of the date of being accused, in writing, of an ordinance violation:
(a) Waives, in writing, the right to a trial;
(b) Enters, in writing, an admission of the violation of the ordinance as alleged; and
(c) Pays the Violations Clerk the sum of $20 as a civil penalty for the violation as admitted.
(4) If a person charged with a violation of any ordinance of the town wants to exercise the right to trial, the person shall appear before the Violations Clerk and enter a written denial of the violation with the Violations Clerk.
(5) (a) If a person denies in writing an ordinance violation, fails to satisfy a civil penalty assessed by the Violations Clerk after having entered an admission of violation, or fails to deny or admit the violation, the Violations Clerk shall report this fact to the official of the town having the responsibility to prosecute ordinance violation cases for the town.
(b) Proceeding in court against the person charged with such violation shall then be initiated for the alleged ordinance violation.
(Ord. 91-3m, passed 12-3-91; Ord. 2021-6, passed 11-1-2021)
Statutory reference:
Authority, see I.C. 36-1-3-8(a)(10)