(A) Purpose. The purpose of this section is to provide qualified individuals:
(1) An opportunity to voluntarily defer the town’s prosecution of designated ordinance violations;
(2) To deter additional ordinance violations;
(3) Expedite court processing of ordinance violations; and
(4) Enable the town to obtain certain fees for each ordinance violation so deferred.
(B) Requirements. The town’s deferral program requires that individuals who have violated a qualifying town ordinance may voluntarily enter the deferral program by written agreement with the Town Attorney under the following requirements.
(1) The defendant shall voluntarily agree to the terms and conditions of the deferral agreement offered by the Town Attorney.
(2) The terms and conditions of the deferral agreement shall be in writing and signed by the Town Attorney.
(3) The defendant shall agree to pay to the clerk of the court the deferral fees established by the Town Attorney.
(4) The defendant shall agree to pay all other applicable court fees and costs to the clerk of court.
(5) The executed deferral agreement shall be filed in the Town Court.
(6) Upon the defendant’s successful compliance with the terms and conditions of the deferral agreement, the Town Attorney shall file a motion with the court to dismiss the pending deferred action.
(7) The court shall dismiss the pending deferred action against the defendant, with prejudice, upon receipt of the motion to dismiss from the Town Attorney.
(C) Authority to administer program.
(1) The Town Attorney is hereby given full authority to administer the deferral program, to draft, prepare and execute all documents and forms necessary and desirable for the implementation of the deferral program. The Town Attorney is also authorized and directed to establish the amount of the initial deferral program user’s fee and monthly user’s fee, at a level not to exceed the amounts authorized by law. The Town Attorney shall also establish all eligibility and participation criteria for the deferral program, and take any and all other lawful actions necessary to implement this chapter and administer the deferral program.
(2) All deferral fees from the deferral program shall be transferred by the clerk of the court to the Clerk-Treasurer and deposited in the town’s User Fee Fund on a monthly basis. The User Fee Fund shall be administered by the Clerk-Treasurer, who shall maintain appropriately detailed records of all deferral fees deposited into and transferred out of the User Fee Fund.
(3) The Clerk-Treasurer shall certify to the Town Council and Town Attorney an accounting of the amount of deferral fees received and deposited in the User Fee Fund during the previous month. The Town Attorney shall prepare and submit to the Clerk-Treasurer claims for presentation to the Town Council for payment, detailing costs and expenses incurred by the Town Attorney in administering the deferral program.
(4) Notwithstanding any other provisions in this chapter, in the event the deferral program is discontinued by the Town Attorney, and, after all deferral program costs and expenses have been paid in full, the deferral fees collected and on deposit in the User Fee Fund shall revert to the Town’s General Fund.
(Ord. 6, 2004, passed 8-10-2004)