(A) Established. The Charter Township of Clayton Municipal Ordinance Violations Bureau (hereafter “Bureau”) is hereby established pursuant to the Michigan Municipal Civil Infractions Act, M.C.L.A. § 600.8396 to accept admissions of responsibility for municipal civil infraction in response to municipal ordinance violation notices issued and served by authorized Township Officials, and to collect and retain civil fines and costs as prescribed by any ordinance.
(B) Location. The Bureau shall be located at the Clayton Township hall, or other location in Clayton Township, as may be designated by the Clayton Township Board of Trustees.
(C) Personnel. All personnel shall be Clayton Township employees or contractors as designated by the Clayton Township Board of Trustees. The Clayton Township Board may, by resolution, designate a Bureau Clerk with the duties prescribed herein and, as otherwise, may be delegated by the Board.
(D) Disposition of 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 (not a civil infraction citation) has been issued. No person shall be required to dispose of a municipal civil infraction violation notice at the Bureau and the alleged violator has the right to have the violation processed before a court of appropriate jurisdiction. A person issued a land use ordinance civil infraction citation may request an informal or formal hearing before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person or in any way diminish the person’ s rights, privileges and protection accorded by law.
(E) Bureau limited to accepting admissions of responsibility. The scope of the Bureau’s authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person who denies having committed the offense or who admits responsibility only with explanation, and, in no event, shall the Bureau determine, or attempt to determine, the truth or falsity or any fact or matter relating to an alleged violation. The Bureau shall not accept less of a fine and cost for a violation than the amount specified in the ordinance.
(F) Municipal ordinance violation notices. Municipal ordinance violation notices shall be issued and served by authorized Township Officials under the same circumstances and upon the same person as provided for citation as provided in § 152.68(F) and (G). In addition to any other information required by this subchapter, the notice of violation 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 the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
(G) Appearance; payment of fines and costs. An alleged violator receiving a municipal ordinance violation notice shall appear at the Bureau and pay the specified fines and costs at or by the time specified for appearance in the municipal ordinance violation notice. An appearance may be made by mail, in person, or by representation.
(H) Procedure where admission of responsibility not made or fine not paid. If an authorized Township Official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and civil fines and costs, if any, prescribed by the schedule of fines and costs for the violation are not paid at the Bureau, a municipal civil infraction citation shall be filed with the district court and a copy of the citation may be served by first class mail upon the alleged violator at the alleged violator’s last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator of how to respond to the citation.
(Ord. 450, passed 10-10-2013)