(a) The City Ordinance Violation Deferral Program is established. Eligible individuals who have violated a qualifying Carmel City ordinance may voluntarily enter the Deferral Program by written agreement with the City Attorney. The Deferral Program shall provide for the following:
(1) The defendant shall voluntarily agree to the terms and conditions of the deferral agreement offered by the City Attorney;
(2) The terms and conditions of the deferral agreement shall be in writing and signed by the City Attorney;
(3) The defendant shall agree to pay to the Clerk of Court the Deferral Fees established by the City 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 Carmel City Court;
(6) Upon the defendant's successful compliance with the terms and conditions of the deferral agreement, the City Attorney shall file a motion with the City Court to dismiss the pending deferred action; and
(7) The City Court shall dismiss the pending deferred action against the defendant, with prejudice, upon receipt of a motion to dismiss from the City Attorney.
(b) The City Attorney is hereby given full authority to administer the Deferral Program, and to draft, prepare and execute all documents and forms necessary and desirable for the implementation of the Deferral Program. The City 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 City 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 section and administer the Deferral Program.
(c) All Deferral Fees from the Deferral Program shall be deposited by the Clerk of Court into the City's User Fee Fund (Fund 210) on a monthly basis. The User Fee Fund shall be administered by the fiscal officer of the City, who shall maintain appropriately detailed records of all Deferral Fees deposited into and transferred out of the User Fee Fund.
(d) The fiscal officer of the City shall certify to the Common Council and City Attorney an accounting of the amount of Deferral Fees received by and transferred from the User Fee Fund during the previous month. The City Attorney shall prepare and submit to the Controller claims for presentation to the Common Council for the payment, from the Deferral Fees deposited in the User Fee Fund, of invoices detailing costs and expenses incurred by the City Attorney in administering the Deferral Program and/or the City's Legal Department.
(e) Notwithstanding any other provision in this section, in the event the Deferral Program is discontinued by the City or the City 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 City's General Fund.
(`91 Code, § 2-9.2) (Ord. D-1411-99, 5-17-99; Ord. D-2067- 11, 11-7-11; Ord. D-2505-19, 12-16-19)