(A) The city Ordinance Violation Deferral Program is hereby established.
(B) Eligible individuals who have violated qualifying city ordinances may voluntarily enter the program by written agreement with the City Attorney. The Deferral Program shall provide 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 and approved by the Common Council;
(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 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.
(C) 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 work with the Court Committee of the Common Council to establish the amount of the Deferral Program user's fee, at a level not to exceed the amounts authorized by law and to submit said fees to the Common Council for approval. 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.
(D) All deferral fees from the Deferral Program shall be deposited by the Clerk of the Court into the city's Deferral Fund. The Deferral 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 Deferral Fund.
(E) The fiscal office of the city shall periodically certify to the Common Council and City Attorney an accounting of the amount of deferral fees received by and transferred from the Deferral Fund. The Clerk-Treasurer shall submit claims to the Common Council for the payment of expenses set out herein from the deferral fees deposited in the Deferral Fund.
(F) Notwithstanding any other provision in this section, in the event the Deferral Program is discontinued by the city, or there are excess funds in the Fund, and after all Deferral Program costs and expenses have been paid in full, the deferral fees collected and on deposit in the Deferral Fund shall be used to pay the expenses of the City Court, or may be transferred to the city's General Fund.
(G) There is established a Deferral Fund pursuant to I.C. 33-19-8-3. The Deferral Fund shall be used to help defray the cost and expense of operating the Deferral Program, to pay the costs of prosecuting city ordinance violations, and to help defer the costs of operating the City Court.
(Ord. 1-1-01, passed 1-23-01)
Editor’s note:
IC 33-19-8-3 was repealed by P.L. 98-2004, Sec. 164.