Skip to code content (skip section selection)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Revised Judicature Act of 1961, being Public Act No. 236 of 1961 (M.C.L.A. §§ 600.8701 et seq.).
AUTHORIZED TOWNSHIP OFFICIAL. Township Manager or Superintendent, officer of the County Sheriff's Department, Fire Officer (Chief, Deputy Chief, Captain, or Lieutenant), Zoning Administrator, Building Official, Building Inspector, or Ordinance Enforcement Officer. As used in this division, ORDINANCE ENFORCEMENT OFFICER shall mean one or more persons designated by resolution by the Township Board to enforce township ordinances. Unless restricted by statute or another ordinance, any authorized official named in this division is hereby authorized to issue either a violation notice or citation pursuant to any township ordinance, which is punishable by a municipal infraction.
BUREAU. The Township Municipal Ordinance Violation Bureau as established by this section.
CITATION. A written complaint or notice to appear in court upon which an authorized local official records the occurrence of one or more municipal civil infractions by the person cited.
MUNICIPAL CIVIL INFRACTION. A MUNICIPAL CIVIL INFRACTION as defined by Section 113 of the Act (M.C.L.A. § 600.113) involving a violation of a township ordinance.
VIOLATION NOTICE. A written notice prepared by an authorized township official, directing a person to appear at the Township Violation Bureau and to pay a fine and costs, prescribed for the violation by the schedule of civil fines adopted by the township, as authorized under sections 8396 and 8707(6) of the Act (M.C.L.A. §§ 600.8396, 600.8707(6)) .
(B) Commencement of action. A municipal civil infraction action may be commenced upon the issuance by the authorized township official of one of the following:
(1) A violation notice directing the alleged violator to appear at the Township Ordinance Violation Bureau; or
(2) A citation directing the alleged violator to appear in court.
(C) Issuance and service of notices and citations; contents.
(1) Issuance and service generally. Municipal civil infraction violation notices and civil infraction citations shall be issued and served by authorized township officials in accordance with the provision of sections 8707 and 8709 of the Act (M.C.L.A. §§ 600.8707, 600.8709).
(2) Contents. A violation notice issued under this Act shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
(3) Required information. A municipal civil infraction citation shall contain the information required under section 8709 of the Act (M.C.L.A. § 600.8709).
(4) Issuance of notice or citation. At the discretion of the authorized township official, he or she may issue either a violation notice or citation under the following circumstances:
(a) The authorized township official witnesses a person committing a municipal civil infraction violation;
(b) Based upon an investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction violation; or
(c) Based upon the investigation of a complaint by someone who allegedly witnessed the person committing a municipal civil infraction violation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction violation, and if the Township Attorney approves in writing the issuance of the citation.
(5) Failure to appear. Failure to appear within the time specified on a civil infraction citation or at the time scheduled for a hearing or appearance shall subject the defendant to a default judgment and shall constitute a misdemeanor punishable by up to 90 days in jail and/or up to a $500 fine plus costs of the prosecution.
(D) Municipal Ordinance Violations Bureau.
(1) Established. The township hereby establishes a Bureau as authorized under section 8396 of the Act (M.C.L.A. § 600.8396) to accept admissions of responsibility for municipal civil infractions in which a violation notice was issued and served, and to collect and retain civil fines and costs as prescribed by this code.
(2) Location; supervision and control. The Bureau shall be located in the township, and shall be under the supervision and control of the Township Treasurer. The Treasurer, subject to the approval of the Township Board, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified township employees to administer the Bureau.
(3) Disposition of municipal civil infraction violations. The Bureau may dispose only of municipal civil infraction, violations for which a fine has been scheduled and for which a municipal civil infraction violation notice has been issued. The Bureau may not dispose of civil infraction citations, and any citations received by the Bureau shall be transferred to the 63rd District Court for handling. No person shall be required to dispose of a municipal civil infraction violation at the Bureau and may have the violation processed before a court of appropriate jurisdiction.
(4) Collection of fines and costs. The Bureau shall only be authorized to accept admissions of responsibility for municipal civil infractions upon which a violation notice has been issued. The Bureau shall collect and retain civil fines and costs as set forth on the schedule of fines adopted by the Township Board. The Bureau shall not accept payment of a fine from any person who denies having committed the offense or who admits responsibility only with an explanation, and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
(5) Issuance of civil infraction citation. If a violation notice is not returned to the Bureau with payment made, within ten calendar days of the time it is issued and served, the Bureau shall return the violation notice to the authorized township official who issued the notice. The authorized township official, upon receiving the notice from the Bureau that a person accused of a civil infraction violation has failed to respond to the violation notice within ten days, may issue a civil infraction citation by filing the original citation with the district court and mailing a copy of the citation to the alleged violator by first class mail at the alleged violator's last known address. Service is complete upon mailing.
(E) Penalty for municipal civil infraction.
(1) Unless another penalty is expressly provided, any person, firm, corporation, trust, partnership or other legal entity determined responsible or responsible with explanation, for a violation of township ordinance which has been designated as a municipal civil infraction shall be punished by a civil fine of not more than $500 and shall be liable for the payment of costs in an amount of not less that $9 but not more than $500. Each act of violation and every day upon which any such violation shall occur or continue shall constitute a separate offense, and shall make the violator liable for the imposition of a fine for each separate offense.
(2) In addition to the penalties provided by this section, the district court shall have jurisdiction to enforce any judgment, writ, or order necessary to enforce any provision of a township ordinance, the violation of which is a municipal civil infraction, including, but not limited to, ordering the abatement of the violating condition or granting injunctive relief. Any request by the township for injunctive relief shall be made orally or in writing by either the Township Attorney or by the Township Manager or Superintendent. In addition, the court may impose the total amount of the civil fine, costs, or both as a lien upon the property where the violation occurred.
(3) Nothing herein shall limit the authority of the township to take all other actions authorized by the Act to enforce the township's ordinances including, without limitation, the institution of a personal action or recording of a lien to collect assessed fines and costs.
(F) Schedule of fines.
(1) The township hereby establishes a schedule of fines for municipal civil infractions, which are received at the Bureau. The fines for the violations shall be listed in the township schedule of fees.
(2) A copy of the schedule of fees, as amended from time to time, shall be posted at the Bureau.
(Ord. 3-2009, passed 12-28-2009)