§ 36.08. DEFERRAL PROGRAM.

(A) Pursuant to IC 34-28-5-1(g), 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)