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Session Laws, 1993
Volume 772, Page 3596   View pdf image
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H.B. 1142

VETOES

A. ENTER JUDGMENT AGAINST THE DEFENDANT IN THE
AMOUNT THEN DUE IF THE PROPER DEMAND FOR JUDGMENT ON AFFIDAVIT HAS
BEEN MADE; OR

B. ISSUE A BENCH WARRANT FOR THE DEFENDANT.

[(6)](7) If any person shall be found by the District Court to have
committed a municipal infraction:

(i) 1. The [person shall be required to pay the fine determined by
the] District Court SHALL ORDER THE PERSON TO PAY THE FINE, INCLUDING ANY
DOUBLING OF THE FINE, not to exceed the limits under paragraph [(3)] (2) of this
subsection;

2.       The fines imposed shall constitute a judgment in favor of the
municipality; and

3.       If the fine remains unpaid for 30 days following the date of
its entry, the judgment shall be enforceable in the same manner and to the same extent as
other civil judgments for money unless the Court has suspended or deferred the payment
of the fine as provided under [paragraph (13)] SUBPARAGRAPH (II) of this
[subsection] PARAGRAPH;

(II) THE DISTRICT COURT MAY SUSPEND OR DEFER THE PAYMENT
OF ANY FINE UNDER CONDITIONS THAT THE COURT SETS;

[(ii)](III) The person shall be liable for the costs of the proceedings in
the District Court; and

[(iii)].(IV) The court may order the person to abate the [violation]
INFRACTION or enter an order permitting a municipality to abate any such [condition]
INFRACTION at the person's expense.

(8)      (I) IF A MUNICIPALITY ABATES AN INFRACTION PURSUANT TO AN
ORDER OF THE DISTRICT COURT, THE MUNICIPALITY SHALL PRESENT THE
DEFENDANT WITH A BILL FOR THE COST OF ABATEMENT BY:

      1. REGULAR MAIL TO THE DEFENDANTS LAST KNOWN
ADDRESS; OR

2. ANY OTHER MEANS THAT ARE REASONABLY
CALCULATED TO BRING THE BILL TO THE DEFENDANT'S ATTENTION.

(II) IF THE DEFENDANT DOES NOT PAY THE BILL WITHIN 30 DAYS
AFTER PRESENTMENT, UPON A MOTION OF THE MUNICIPALITY, THE DISTRICT
COURT SHALL ENTER A JUDGMENT AGAINST THE DEFENDANT FOR THE COST OF
THE ABATEMENT.

(9)      ALL FINES, PENALTIES, OR FORFEITURES COLLECTED BY THE
DISTRICT COURT FOR A MUNICIPAL INFRACTION SHALL BE REMITTED TO THE
MUNICIPALITY IN WHICH THE INFRACTION OCCURRED.

- 3596 -

 

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Session Laws, 1993
Volume 772, Page 3596   View pdf image
 Jump to  
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