(A) Ordinance Violations Bureau. There is hereby established the Ordinance Violations Bureau of the town.
(B) Ordinance Violations Clerk. The Town Clerk-Treasurer shall serve as the Ordinance Violations Clerk and be the administrator of the Bureau.
(C) Statutory duties. The Violations Clerk shall accept written appearances, waivers of trial, admissions, violations and payment of civil penalties of not more than $2,500 or in an amount that the General Assembly may, hereafter, allow in ordinance violation cases, subject to the schedule prescribed in this section.
(D) Collection of civil penalties.
(1) Upon an admission made within 30 days after the date of the citation, the Clerk-Treasurer shall assess and receive from the violator the amount prescribed by the schedule of civil penalties established herein. All citations not admitted and paid within 30 days shall be transferred to a court of record of competent jurisdiction and prosecuted in the usual manner.
(2) All sum collected by the Violations Clerk as civil penalties for ordinance violations shall be accounted for and paid to the municipal corporation as provided by law (I.C. 33-36 and/or replacements). Civil penalties shall be paid to, receipted by and accounted for by the Clerk under procedures provided for by the state’s Board of Accounts. Payment of civil penalties under this section may be made in person, by mail or to an agent or agents designated by the legislative body.
(E) Subsequent and continuing violations.
(1) Subsequent violations. Any person, corporation or organization who commits more than one violation of any of the offenses specifically noted herein within any 12-month period will be subject to an increased fine, as set forth herein, for each and every violation.
(2) Continuing violations. Every continuous day, or part of a day, that a violation is committed or continues in existence is a separate violation for which civil penalties may be imposed.
(F) Penalties.
(1) All penalty provisions of the code of local ordinances shall be subject to admission of violation before the Ordinance Violations Bureau of the town.
(2) In addition to the penalty provisions set forth in this section, any provision, title, chapter, section or division of the code of local ordinances of the city, which, by its own terms, clarifies that the fine or penalty for the violation of its terms shall be paid through the Ordinance Violations Bureau of the city shall be subject to admission of violation before the Ordinance Violations Bureau of the city, even if the provision, title, chapter, section or division is not specifically set forth in the table contained in this section.
(G) Prosecution for ordinance violations; procedure.
(1) (a) If a person does any of the following, the Clerk shall report this fact to the official having the responsibility to prosecute ordinance violation cases for the municipal corporation:
1. Denies and ordinance violation under this chapter;
2. Fails to satisfy a civil penalty assessed by the Violations Clerk after having entered an admission of violations; or
3. Fails to deny or admit the violation under this section.
(b) Proceedings in court against the person shall then be initiated for the alleged ordinance violation.
(2) A person charged with an ordinance or a code violation 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.
(3) If a person charged with a violation wants to exercise the right to trial, the person shall appear before the Violations Clerk and deny the violation or enter a written denial with the Clerk.
(4) Upon denial, the Violations Clerk shall transfer the proceeding to the Town Attorney for filing in a court of record located in the county.
(5) Upon a determination that an ordinance violation has occurred, judgment shall be entered for the amount of the penalty, plus court costs.
(Ord. 2015-9, passed 10-6-2015)