(a) Sanctions for Violations.
(1) A. Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to a fine as provided for in Section 212.08 of these codified ordinances, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in Section 1050.12(a)(2) shall be a misdemeanor. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
B. For purposes of this section, “subsequent offense” means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
(2) Any person who neglects or fails to comply with a stop work order issued under Section 1050.12(b) shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment in the county jail for not more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs as may be imposed by the discretion of the court.
(3) Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
(b) Stop Work Order.
(1) Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the Village is authorized to issue a stop work order so as to prevent further or continuing violations or adverse effects. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply therewith.
(2) The Village may also undertake or cause to be undertaken, any necessary or advisable protective measures so as to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work, and such cost shall be a lien upon the property.
(c) Failure to Comply. In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the Village may, after giving reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the Village for all costs of such work.
(d) Emergency Measures. When emergency measures are necessary to moderate a nuisance, to protect public safety, health and welfare, and/or to prevent loss of life, injury or damage to property, the Village is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this chapter, and shall promptly reimburse the Village for all of such costs.
(e) Cost Recovery. A discharger shall be liable for all costs incurred by the Village as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the EPA or MDEQ for violation of an NPDES permit, attorney fees, and other costs and expenses.
(f) Lien. Costs incurred by the Village pursuant to Section 1050.12 shall be a lien on the premises which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time. Any such charges which are delinquent for six months or more may be certified annually to the Village Treasurer who shall enter the lien on the next tax roll against the premises and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien for taxes. In addition to any other lawful enforcement methods, the Village shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended.
(Ord. 2011-4. Passed 8-8-11.)