(a) The following civil fines shall apply when there has been a determination of responsibility for a municipal civil infraction citation, unless a different fine is specified within a particular Code provision.
(1) First offense. The civil fine for a first offense violation shall be no less than one hundred fifty dollars ($150.00), plus costs and other sanctions, for each offense.
(2) Repeat offense. The civil fine for any offense which is a repeat offense shall be no less than two hundred fifty dollars ($250.00), plus costs and other sanctions for each offense.
(3) Certain violations as outlined in Chapter 46 may be punishable by up to five thousand dollars ($5,000.00) per violation, per day, plus costs and other sanctions for each offense.
(b) In addition to ordering a defendant determined to be responsible for a municipal civil infraction citation to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce this Code, enjoin a violation of this Code and/or abate a violation of this Code.
(1) A judge or magistrate shall issue an order to enforce this Code, enjoin a violation of this Code and/or abate a violation of this Code, and shall order the defendant to pay all costs associated with enforcement of this Code, enjoining a violation of this Code and/or abating a violation of this Code, for any defendant determined responsible for a municipal civil infraction.
(2) Upon a written ex parte motion with affidavit a judge or magistrate shall be authorized to issue an order to enforce this Code, to enjoin a violation of this Code and/or abate a violation of this Code prior to a determination of responsibility.
a. A defendant shall be required to pay all costs associated with the enforcement of this Code, enjoining a violation of this Code and/or abatement of a violation of this Code, only if the defendant is determined responsible.
(c) Each violation, and each day upon which any such violation shall continue to exist, shall constitute a separate offense and shall be considered a continuing violation.
(d) A judge or magistrate is authorized to order any remedies provided for in this Code along with any equitable or other remedies available by law.
(e) The judge or magistrate shall be authorized to impose fines, costs, damages and/or sanctions as provided by law.
(f) A municipal civil infraction citation shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.
(g) For violations of an owner or occupant of the subject property concerning the use, condition, occupation of land, building or other structure, fines, costs, damages and/or sanctions which are delinquent shall be a lien against the property, and assigned to the City of Flint’s tax roll.
(1) Upon a finding of responsibility, a defendant shall be immediately responsible for all fines and costs, unless the court orders a longer time, but in no case shall a defendant have longer than 90 days from the time of the finding of responsibility to make full payment.
(2) If a defendant has not made full payment within 30 days after the date on which payment is due under section (g)(1), the payment shall be considered delinquent.
(3) In a municipal civil infraction action brought for a violation involving the use, occupation, condition of land, a building or other structure where the payment is delinquent, the City of Flint shall record the lien against the property which is the subject matter of the violation by recording a copy of the court order requiring payment of the fines, costs, damages and/or sanctions with the Genesee County Register of Deeds. Such order or judgment shall include a legal description of the property.
(4) The court order recorded with the Genesee County Register of Deeds shall constitute notice of the pendency of the lien. In addition, a written notice of the lien shall be sent by the City of Flint by first class mail to the owner of record of the land, building, or structure at the owner’s last known address.
(5) The lien may be enforced and discharged by the City of Flint in the manner prescribed by its Charter, the General Property Tax Act, 1896 PA 206,, MCLA 211.1 to 211.157, or by ordinance. However the property is not subject to sale under the General Property Tax Act, 1896 PA 206, MCLA 211.1 to 211.157, for delinquent property taxes or under this ordinance.
(6) A lien created under this section has priority over any other lien unless one or more of the following apply:
a. The other lien is a lien for taxes or special assessments.
b. The other lien is created before May 1, 1994.
c. Federal law provides that the other lien has priority.
d. The other lien is recorded before the lien under this section.
(7) A political subdivision may institute an action in a court of competent jurisdiction for the collection of the judgment imposed by a court order for a municipal civil infraction. However, an attempt by the City of Flint to collect the judgment by process does not invalidate or waive the lien upon the land, building or structure.
(8) A lien provided for by this section shall not continue for a period of longer than five (5) years after a copy of the court order imposing a fine, costs or assessment is recorded, unless within that time an action to enforce the lien is commenced.
(9) If a defendant defaults in the payment of a civil fine, costs, assessment or if applicable, or any installment, as ordered pursuant to this section that does not deal with property and therefore is not subject to the lien procedure, that defendant shall be subject to civil contempt procedures as outlined in MCLA 600.8729.
(Ord. 3544, passed 6-9-2004; Ord. 3650, passed 4-25-2005; Ord. 3656, adopted 6-27-2005; Ord. 3729, passed 10-27-2008)