(A) The words MUNICIPAL CIVIL INFRACTION mean an act or omission that is prohibited by ordinance of the township, but which is not a crime under this chapter, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Public Act 236 of 1961, being M.C.L.A. §§ 600.101 et seq., as amended.
(B) A municipal civil infraction is not a lesser-included offense of a violation of this chapter that is a criminal offense.
(1) Penalties and sanctions. A person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $100, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided herein.
(2) General penalties and sanctions for violations of the township zoning ordinance: continuing violations injunctive relief.
(a) Except as otherwise set forth, a violation of this chapter of the township is specifically designated as a municipal civil infraction.
(b) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount provided by this chapter, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961, being M.C.L.A. §§ 600.101 et seq., as amended, and other applicable laws.
1. Unless otherwise specifically provided for a particular municipal civil infraction violation by this chapter, the civil fine for a violation shall be not less than $50, plus costs and other sanctions, for each infraction.
2. Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this chapter.
a. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision: committed by a person within any six-month period (unless some other period is specifically provided by this chapter); and for which the person admits responsibility or is determined to be responsible.
b. Unless otherwise specifically provided by this chapter for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
i. The fine for any offense that is a first repeat offense shall be no less than $100, plus costs; and
ii. The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be no more than $200, plus costs.
3. A VIOLATION includes any act that is prohibited or made or declared to be unlawful or an offense by this chapter, and any omission or failure to act where the act is required by this chapter.
4. Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
5. In addition to any remedies available at law, the township may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this chapter.
(c) In addition to the rights and remedies herein provided to the township, any person violating any of the provisions of this chapter listed below shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500, or be imprisoned in the county jail for a period not exceeding 90 days, or be both so fined and imprisoned. Each day the violation is continued or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
3. After receiving written notice, the intentional or material deviation from a Planning Commission approved site plan, or failure to comply with the amendment procedures outlined in § 154.150(H).
(3) Public nuisance per se. Any building or structure that is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(4) Fines. The owner of any buildings, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of the violation shall be responsible for a separate civil infraction and shall be liable for the fines, costs and sanctions as herein provided.
(5) Each day a separate offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(6) Rights and remedies are cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. passed 6-28-2006; Ord. passed 1-22-2009)