(A) A person charged with an ordinance or code violation as expressly subject to this chapter is entitled to a trial before a court as provided by law, unless the person waives the right to trial and enters an admission of the violation with the Violations Clerk. Upon such an admission, the Violations Clerk shall assess and receive from the violator the amount prescribed above in § 37.03. If a person charged with a violation that is expressly subject to this section desires to exercise the right to a trial, the person shall appear before the Violations Clerk and deny the violation or enter a written denial with the Violations Clerk. Waivers, admissions and denials must be filed with the Violations Clerk within ten days of the issuance of the ordinance violation notice. The County Attorney shall prepare all forms deemed necessary by the Violations Clerk to process ordinance violations through the procedures set forth in this chapter.
(B) If a person: denies an ordinance or code violation before the Violations Clerk; fails to satisfy the civil penalty assessed by the Violations Clerk after having entered an admission of violation; or fails to deny or admit the violation under the procedures of this chapter, the Violations Clerk shall report this fact to the County Attorney’s office.
(C) All sums collected by the Violations Clerk as civil penalties for ordinance or code violations shall be accounted for and paid into the County General Fund as provided by law.
(D) An ordinance or code violation admitted under this chapter does not constitute a judgment for the purposes of I.C. 33-37, and an ordinance or code violation costs may not be collected from the defendant under I.C. 33-37-4. In addition, an ordinance or code violation processed under this chapter may not be considered for the purposes of I.C. 33-37-7-6 when determining the percentage of ordinance violations prosecuted in certain courts.
(Ord. 1-4-19, passed 3-7-2005)