ORDINANCE   6   , 2004

AN ORDINANCE ESTABLISHING AN ORDINANCE VIOLATION DEFERRAL PROGRAM FOR THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA.

WHEREAS, THE TOWN COUNCIL AND THE BUNKER HILL ATTORNEY HEREINAFTER REFERED TO AS "TOWN ATTORNEY", DESIRE TO ESTABLISH AN ORDINANCE VIOLATION DEFERRAL PROGRAM HEREINAFTER REFERRED TO AS "DEFERRAL PROGRAM" FOR THE TOWN OF BUNKER HILL; AND

WHEREAS, IC 34-28-5-1(f) ALLOWS A TOWN ATTORNEY TO ESTABLISH A DEFERRAL PROGRAM TO DEFER CERTAIN TOWN ORDINANCE VIOLATIONS IN CASES WHERE A WRITTEN DEFERRAL AGREEMENT IS VOLUNTARILY ENTERED INTO BETWEEN A DEFENDANT AND SAID ATTORNEY; AND

WHEREAS, IC 34-28-5-1(f) REQUIRES A DEFERRAL AGREEMENT BE EXECUTED AND FILED IN THE COURT IN WHICH THE ORIGINAL ACTION IS BROUGHT AND UPON THE DEFENDANT'S SUCCESSFUL COMPLETION OF THE TERM AND CONDITIONS SET FORTH IN SAID AGREEMENT, THAT THE TOWN ATTORNEY PETITION THE COURT TO DISMISS THE ACTION, WITH PREJUDICE; AND

WHEREAS, IN ADDITION TO OTHER COURT COSTS AND FEES COLLECTED BY THE CLERK OF COURT, IC 33-19-5-2 (e) REQUIRES THE CLERK OF COURT TO COLLECT THE DEFERRAL FEES IN LIEU OF THE ORDINANCE VIOLATION COSTS FEE FOR CASES PROCEEDING UNDER AND PURSUANT TO THE DEFERRAL PROGRAM, AND

THEREFORE, BE IT ORDAINED THAT THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL ESTABLISHES AN ORDINANCE VIOLATION DEFERRAL PROGRAM.

ARTICLE I.   PURPOSE.

The purpose of this ordinance is to provide qualified individuals:

  1. An opportunity to voluntarily defer the Town's prosecution of designated ordinance violations
     
  2. To deter additional ordinance violations.
     
  3. Expedite Town Court processing of ordinance violations.
     
  4. Enable the Town to obtain certain fees for each ordinance violation so deferred.

ARTICLE II.   REQUIREMENTS.

The Town of Bunker Hill Deferral Program requires that individuals who have violated a qualifying Bunker Hill Town Ordinance may voluntarily enter the deferral program by written agreement with the Town Attorney under the following requirements:

  1. The defendant shall voluntarily agree to the terms and conditions of the deferral agreement offered by the Town Attorney.
     
  2. The terms and conditions of the deferral agreement shall be in writing and signed by the Town Attorney
     
  3. The defendant shall agree to pay to the Clerk of Court, the deferral fees established by the Town Attorney.
     
  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 Bunker Hill Town Court.
     
  6. Upon the defendant's successful compliance with the terms and conditions of the the Deferral Agreement, the Town Attorney shall file a motion with the Town Court to dismiss the pending deferred action.
     
  7. The Town Court shall dismiss the pending deferred action against the defendant, with prejudice, upon receipt of the motion to dismiss from the Town Attorney.

ARTICLE IV.   AUTHORITY TO ADMINISTER PROGRAM.

The Town Attorney is hereby given full authority to administer the Deferral Program, to draft, prepare and execute all documents and forms necessary and desirable for the implementation of the Deferral Program. The Town Attorney is also authorized and directed to establish the amount of the initial Deferral Program User's Fee and monthly user's fee, at a level not to exceed the amounts authorized by law. The Town 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 Ordinance and administer the Deferral Program.

All Deferral Fees from the Deferral Program shall be transferred by the Clerk of Court to the Clerk/Treasurer and deposited in the Town's User Fee Fund on a monthly basis. The User Fee Fund shall be administered by the Clerk/Treasurer who shall maintain appropriately detailed records of all Deferral Fees deposited into and transferred out of the User Fee Fund.

The Clerk/Treasurer shall certify to the Town Council and Town Attorney an accounting of the amount of Deferral Fees received and deposited in the User Fee Fund during the previous month. The Town Attorney shall prepare and submit to the Clerk/Treasurer claims for presentation to the Town Council for payment, detailing costs and expenses incurred by the Town Attorney in administering the Deferral Program.

Notwithstanding any other provisions in this Ordinance, in the event the Deferral Program is discontinued by the Town Attorney, and after all Deferral Program costs and expenses have been paid in full, the Deferral Fees collected and on deposit in the User Fee Fund shall revert to the Town's General Fund.

ARTICLE V.   EFFECTIVE DATE.

This ordinance is effective upon approval.

ARTICLE VI.   APPROVAL.

THIS ORDINANCE WAS DULY ADVERTISED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AFTER A PUBLIC HEARING ON THE   10   DAY OF   AUGUST   , 2004.

 
ATTEST:
 
 
  Norman A. McBride      
Norman McBride, Clerk/Treasurer 		                               
 
  Leslie H. Briggs        
      Leslie H. Briggs, President

  Doris Gingerich        
      Doris Gingerich, Member

   

 
  Byron Kosanke         
      Byron Kosanke, Member

  Daryl Mosley            
      Daryl Mosley, Member

  Marilyn Floyd          
      Marilyn Floyd, Member