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Home My WebLink AboutD-1411-99 Deferral ProgramORDINANCE NO. D-1411-99 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING AN ORDINANCE VIOLATION DEFERRAL PROGRAM AND EXPANDING THE SCOPE OF CITY FUND 210 WHEREAS, the Common Council of the City of Carreel, Indiana, and the Carreel City Attorney ("City Attorney") desire to establish an ordinance violation deferral program CDeferral Program") which will (1) provide qualified individuals with an opportunity to voluntarily defer the City's prosecution of designated ordinance violations, (2) deter additional ordinance violations, (3) expedite City Court processing of ordinance violations, and (4) enable the City to obtain certain fees for each ordinance violation so deferred; and WHEREAS, Indiana Code 34-28-5-1(f) allows the City Attorney to establish a Deferral Program to defer the enforcement of certain City ordinance violations in cases where a written deferral agreement is voluntarily entered into between the defendant and the City Attorney, the defendant agrees to pay certain user fees CDeferral Fees") in amounts established by the City Attorney pursuant to Indiana Code 33-19-5-2(e), as well as certain other court costs and fees, to the Clerk of Court; and WHEREAS, Indiana Code 34-28-5-1(f) requires an executed deferral agreement to be filed in the court in which the original action is brought, and, upon the defendant's successful completion of the terms and conditions set forth in said agreement, that the City Attorney petition the court to dismiss the action, with prejudice; and WHEREAS, in addition to the other court costs and fees collected by the Clerk of Court, Indiana Code Section 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 WHEREAS, the City desires to use the Deferral Fees collected under and pursuant to the Deferral Program to help defray the cost and expense of running the Deferral Program and the City's Legal Department; and WHEREAS, the City desires to establish an efficient process for transferring Deferral Fees collected from the User Fee Fund to the Deferral Program and the City's Legal Department; and WHEREAS, a "User Fee Fund" must be established and used to collect and account for the Deferral Fees; and WHEREAS, City Code Sec. tion 2-102, which created a user fee fund (Fund 210) for local law enforcement continuing education, can and should be expanded in scope to enable it to be used for the receipt and disbursement of all user fees that can lawfully be collected by the Clerk of Court pursuant. to Indiana Code Section 33-19-5-2; and WHEREAS, the City Code should clearly indicate that the City has established a Local Law Enforcement Continuing Education Program. Page One of Four Pages [cb msword:c. ofdinanccsxl999',dcfctTalProgrant.do¢:4/l/99] NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City 6f Carmel, Indiana, that: follows: Section 2-9.2 is hereby adopted and added to the Carmel City Code, and shall read as "Section 1-9.2. Ordinance Violation Deferral Program. a. The City of Carmel Ordinance Violation Deferral Program is established. Eligible individuals who have violated a qualifying Carmel City ordinance may voluntarily enter the Deferral Program by written agreement with the City Attorney. The Deferral Program shall provide for 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; (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 Carmel City Court; (6) Upon the defendant' s successful compliance with the terms and conditions of the deferral agreement, the City Attomey 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. b. 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 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 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 Ordinance and administer the Deferral Program. c. All Deferral Fees from the Deferral Program shall be deposited by the Clerk of Court into the City' s User Fee Fund (Fund 2 10) on a monthly basis. The User Fee 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 User Fee Fund. Ordinance No. D-1411-99 AA Page Two of Four Pages [eb:msword:c:\ordinances\1999\deferralprogram.doc:4/1/99] d. The fiscal officer of the City shall certify to the Common Council and City Attorney an accounting of the amount of Deferral Fees received by and transferred from the User Fee Fund during the previous month. The City Attorney shall prepare and submit to the Clerk- Treasurer claims for presentation to the Common Council for the payment, from the Deferral Fees deposited in the User Fee Fund, of invoices detailing costs and expenses incurred by the City Attorney in administering the Deferral Program and/or the City's Legal Department. e. Notwithstanding any other provision in this Ordinance, in the event the Deferral Program is discontinued by the City or the City 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 City' s General Fund." NOW, THEEFOE, BE IT FURTHER ORDAINED by the Common Council of the City of Carmel, Indiana, that: 2. Carmel City Code Section 2-102 is hereby amended and shall read as follows: "Section 1-102. User Fee Fund (Fund 210). a. There is established a User Fee Fund (Fund 210), pursuant to Indiana Code Section 33-19-8-3. b. The Fund shall be funded by and used for the purposes provided by applicable law, with all monies therein being properly receipted and disbursed. c. The Fund shall be administered by the fiscal officer of the City. d. The Fund shall consist of the following fees, as and to the extent the same are authorized by law to be collected by the Clerk of Court: ( 1 ) The pretrial diversion program fee. (2) The alcohol and drug services fee. (3) The law enforcement continuing education program fee. (4) The deferral program fee. e. The fiscal officer of the City shall account, by separate line item in the User Fee Fund, for the receipt and disbursement of each of the above described fees." NOW, THEEFOE, BE IT FURTHER ORDAINED by the Common Council of the City of Carmel, Indiana, that: , follows: Section 6-12 is hereby adopted and added to the Carmel City Code and shall read as Ordinance No. D-1411-99 AA Page Three of Four Pages [ eb: msword:c:\ordinances\ 1999\deferralprogram. doc: 4/1/99] "Section 6-12. Local Law Enforcement ContinuinV Education Pro~,ram. a. There is hereby established a Local Law Enforcement Continuing Education Program, pursuant to Indiana Code Section 5-2-8-2. b. The Program shall be funded as authorized by law, and all monies so received shall be deposited in the City' s User Fee Fund (Fund 210)." 4. All prior ordinances or parts thereof which are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. 5. This Ordinance shall be in full force and effect upon passage, execution by the Mayor and such publication as is required by law. ~d~Z Offi er _'~~er, President ATTEST: Diana L. Cordray, IAM~, Ci~-~T~er Presented by me to the Mayor of the City of Carmel, Indiana, on the /?day of ,1999. ~ .,,,~,,% , Diana L. Cordray, IAMC, Clerk easurer Approved by me, the Mayor of the City of Camel, Indi , thisZ flay of ,1999. J~ es ~~; ATTES IAMC, Diana L. Cordray, ~,asurer Ordinance No. D- 1411-99 AA Page Four of Four Pages [eb:msword:c:\ordinances\1999\deferralprogram.doc:4/l/99]