(a) General Penalty. Whenever, in these Codified Ordinances, or in any technical or other code adopted by reference in these Codified Ordinances, or in any rule, regulation or order promulgated or made under authority of any provision of these Codified Ordinances, or under authority of any technical or other code adopted by reference in these Codified Ordinances, or under authority of State law, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates or fails to comply with any such provision shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety–three days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues, unless otherwise provided.
(b) Surcharges; Equitable Remedies. The imposition of any penalty provided for in this section shall be in addition to any surcharge levied for a violation of or noncompliance with a provision of these Codified Ordinances, or a provision of a technical or other code adopted by reference in these Codified Ordinances, or a rule, regulation or order promulgated or made under authority of either, or under authority of State law, and shall be in addition to any equitable remedy provided by a provision of these Codified Ordinances, or a provision of a technical or other code adopted by reference in these Codified Ordinances, or a rule, regulation or order promulgated or made under authority of either, or provided by State law, or a rule, regulation or order promulgated or made under authority of State law, including the enforced removal of prohibited conditions.
(c) Complicity. Every person concerned in the commission of an offense under these Codified Ordinances, whether he or she directly commits the act constituting the offense or procures, counsels, aids or abets in its commission, may be prosecuted, indicted, tried and on conviction shall be punished as if he or she had directly committed such offense.
(1) Definitions. As used in this subsection (d):
A. "Act" means Act 236 of the Public Acts of 1961, as amended.
B. "Authorized City Official" means the Mayor, a police officer, the Building Official or any other officer authorized by law or by action of the City Council to issue Municipal civil infraction citations.
C. "Municipal civil infraction" means an act or omission that is prohibited by any ordinance of the City or by any code adopted by City ordinance, but which is not designated as a crime by such ordinance or code, and for which civil sanctions, including, without limitation, fines, damages, expenses, costs and injunctive relief, may be ordered as authorized by Chapter 87 of Act 236 of the Public Acts of 1961, as amended, being M.C.L. 600.8701 et seq. Each day on which any violation continues constitutes a separate Municipal civil infraction.
D. "Municipal civil infraction action" means a civil action in which the defendant is alleged to be responsible for a Municipal civil infraction.
E. "Municipal civil infraction citation" means a written complaint or notice prepared by an authorized City official, directing a person to appear in court regarding the occurrence or existence of a Municipal civil infraction by the person cited.
(2) Issuance and service of Municipal civil infraction citations. Municipal civil infraction citations shall be issued and served by authorized City officials as follows:
A. The time for appearance specified in a citation shall be within a reasonable time after the citation is issued, and not less than ten days thereafter.
B. The place for appearance specified in a citation shall be the district court having jurisdiction over the place where the infraction occurred.
C. Each citation shall be numbered consecutively and shall be in a form approved or promulgated by the State Court Administrator. The original citation shall be filed with the District Court. Copies of the citation shall be retained by the City and provided to the alleged violator as provided in Section 8705 of the Act.
D. A citation for a Municipal civil infraction signed by an authorized City official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the citation and if the citation contains the following statement immediately above the date and signature of the official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief."
E. An authorized City official who witnesses a person committing a Municipal civil infraction shall prepare and subscribe as soon as possible and as completely as possible an original and the required copies of a citation.
F. An authorized City official may issue a citation to a person if (1) based upon investigation the official has reasonable cause to believe that the person is responsible for a Municipal civil violation, or (2) based upon investigation of a complaint by someone who allegedly witnessed the person committing a Municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and the Prosecuting Attorney or the City Attorney approves, in writing, the issuance of a citation.
G. An authorized City official shall personally serve a copy of the citation upon the alleged violator if the Municipal civil infraction involves the use or occupancy of land, a building or other structure, the citation may be served upon an owner or occupant of the land, building or structure by posting a copy of the citation on the land or attaching a copy to the building or structure and by mailing a copy of the citation to the owner or occupant at his or her last known address.
(3) Contents of Municipal civil infraction citations. A Municipal civil infraction citation shall contain the following:
A. The name of the City, the name and address of the defendant, the Municipal civil infraction alleged, the place where the defendant shall appear in court, and the time at or by which the appearance shall be made.
B. The alleged violator shall be informed that one of the following actions is required: (1) Admit responsibility for the Municipal civil infraction, by mail, in person, or by representation, at or by the time specified for appearance; (2) Admit responsibility for the municipal civil infraction "with explanation" by mail by the time specified for appearance, or in person, or by representation; (3) Deny responsibility for the Municipal civil infraction by doing either of the following: 1.) Appearing in person for an informal hearing before a judge or District Court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the plaintiff; or 2.) Appearing in court for a formal hearing before a judge with the opportunity of being represented by an attorney. If the defendant desires to admit responsibility "with explanation" in person or by representation, the defendant must apply to the court in person, by mail, by telephone, or by representation, within the time scheduled for appearance and obtain a scheduled date and time for appearance. If the defendant desires to deny responsibility, the defendant must apply to the court in person, by mail, by telephone, or by representation, within the time specified for appearance and obtain a scheduled date and time to appear for a hearing unless a hearing date is specified on the citation.
C. The citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for an appearance or hearing is a misdemeanor and will result in the entry of a default judgment against the alleged violator on the Municipal infraction.
A. In general. Unless otherwise stated in this Code, if a respondent is determined to be responsible for a municipal civil infraction, the court shall impose a civil fine not to exceed five hundred ($500.00) for each infraction, plus costs of up to five hundred dollars ($500.00), with costs payable to the General Fund of the City unless otherwise provided by law, and if applicable, damages and expenses as provide by law. Increased fines shall be imposed on repeat offenses as determined by the court.
B. Penalty to be imposed upon a respondent found responsible for commencing activities without a required permit or other required authorization.
1. The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction based on facts leading to the conclusion that the respondent commenced construction or otherwise commenced an activity without first obtaining a required permit or authorization from the City:
a. First offense. A civil fine for a first offense violation shall be in an amount of no less than one thousand dollars ($1,000.00), plus costs and other sanctions, for each offense.
b. Repeat offense. A civil fine for any offense which is a repeat offense shall be no less than five thousand dollars ($5,000.00), plus costs and other sanctions, for each offense.
2. In addition to ordering the respondent determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages, and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of, the ordinance.
3. Continuing offense. Each act of violation, and on each day upon which any such violation shall occur or continue after notice of violation, shall constitute a separate offense.
4. Remedies not exclusive. In addition to any remedies provided for by city ordinance, any equitable or other remedies available may be sought.
5. The judge or magistrate shall also be authorized to impose costs, damages and expenses as provided by law.
(Ord. 142. Passed 6-13-17; Ord. 143. Passed 6-13-17.)
(5) Injunctive orders. In addition to other penalties for Municipal civil infractions, the court may issue injunctive orders pursuant to Section 8302 of the Act as necessary to enforce the ordinances.
(6) Failure to pay. Failure to pay any civil fine when due, or costs, expenses or damages imposed by the court, shall be punishable as civil contempt pursuant to Section 8729 of the Act. The City may impose and foreclose liens on property to collect civil fines, costs, expenses or damages pursuant to Sections 8731 and 8733 of the Act.
(Ord. 78. Passed 1–9–95.)
