§ 36.08 DEFERRAL PROGRAM.
   (A)   Pursuant to IC 34-28-5-1(f), the City Attorney may establish a deferral program for deferring actions brought for ordinance violations. Actions may be deferred under this section if:
      (1)   The defendant in the action agrees to the conditions of the deferral program offered by the City Attorney;
      (2)   The defendant in the action agrees to pay to the Violations Clerk an initial user's fee and monthly user's fee set by the City Attorney in accordance with IC 33-37-4-2(e);
      (3)   The terms of the agreement are recorded in an instrument signed by the defendant and the City Attorney;
      (4)   The defendant in the action agrees to pay a fee of seventy dollars ($70) to the Violations Clerk if the action involves a moving traffic offense (as defined in IC 9-13-2-110); and
      (5)   The agreement is filed in the City Court.
   (B)   When a defendant complies with the terms of an agreement filed under this Section, the City Attorney shall request the City Court to dismiss the action. Upon receipt of a request to dismiss an action under this section, the City Court shall dismiss the action. An action dismissed under this section may not be refiled.
(Ord. 8, 2018, passed 3-5-18)