(A) The City of Croswell Zoning Administrator, city police officer or any other authorized city official may enforce this chapter and shall periodically inspect the city for causes of blight or blighting factors within the city.
(B) The property possessor, including the owner of record of any property upon which any of the causes of blight or blighting factors as set forth in this chapter is found to exist, shall be notified in writing either in person or by mail to remove or eliminate such causes of blight or blighting factors from such property within 14 days after the notice to remove such materials. If notification as outlined above is not possible, it shall be deemed sufficient to post such notice in a prominent area on the premises upon which the blighting factors exist.
(C) Failure to comply with the removal notice by the owner and/or occupant by the removal of the causes of blight or blighting factors within the time allowed shall constitute a civil infraction and/or a nuisance.
(D) Civil infraction. The City of Croswell Zoning Administrator, police officer, or any other authorized city official may present or issue a civil infraction notice or civil infraction citation to an alleged offender. If there is a non-acceptance of responsibility and payment of any civil infraction fines and/or costs, then there shall be required an appearance before the District Court Magistrate or judge to answer to the complainant's allegations of offense. An admission or finding of responsibility shall subject a violator to a daily civil penalty of up to $100 for each day. Each and every day during which a violation continues, shall be deemed as a separate offense. In the event that court action becomes necessary, the property owner shall be liable for and reimburse the city for all costs of such action, including actual attorney fees. The costs and attorney fees shall be billed to the property owner and all invoices which remain unpaid for more than 30 days shall be a lien on the property from which the cause of action concerns, and assessed as a single lot assessment against such property.
(E) Circuit court action. Separately or in conjunction with a civil infraction, the City of Croswell Zoning Administrator, police officer, City Attorney or other designated authority may initiate a Circuit Court action requesting an injunction, abatement or any other appropriate action or proceeding to prevent, enjoin, remove or otherwise abate any blight, blight factors or other nuisance. The city shall provide written notice and description of the violation or potential violation to the record owner(s) and/or occupants of the premises at least 14 days prior to filing the legal action. Notwithstanding, if the Zoning Administrator, police officer or other authorized official determines that a violation of this section constitutes an emergency hazard to the health, safety or welfare of individuals or the community, he or she may immediately initiate remedial action. The initiating official(s) shall present the evidence to the City Attorney who shall file the complaint and schedule a show cause hearing in the Circuit Court at the earliest available date. At the hearing, the City Attorney shall present proofs and request an injunction, abatement, abatement costs, enforcement and court costs and attorney fees, fines and/or damages and the entry of a lien against the premises as a single lot assessment.
(F) Costs and attorney fees. The culpable defendant or respondent in any civil or criminal action shall be responsible for all actual court costs, attorney fees, expert witness fees and other expenditures by the city in the prosecution of a violation of this chapter. The action may also seek and the court may impose a civil fine of up to $100 for any violation of this chapter and each and every day that a violation continues shall be deemed as a separate offense. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.
(G) Compliance after prosecution. The imposition of any civil fine or penalty shall not be exempt the offender from future compliance with provisions of this chapter.
(Ord. 300, passed 3-4-02; Am. Ord. 300-1, passed9-5-06)