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(a) The Bureau may dispose only of municipal civil infraction violations for which a municipal civil infraction notice has been issued and for which a fine has been set by ordinance. Nothing in this ordinance shall prevent or restrict the City of Flint from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in the 68th District Court.
(b) The limit of the Bureau’s authority shall be to accepting admissions of responsibility for municipal civil infraction notices and the collecting of fines and costs resulting from these admissions. The Bureau shall not accept payment from a person who is denying responsibility for a municipal civil infraction or admitting responsibility with explanation.
(c) The notices shall include the time of the alleged violator shall appear before the Bureau, the methods by which an appearance can be made, the address and telephone number of the Bureau and the hours during which the Bureau is open.
(d) If an authorized local official issues and serves a municipal civil infraction notice and the alleged violator does not admit responsibility and pay the fines and costs, a municipal civil infraction citation shall be issued and filed with the 68th District Court, with a copy mailed to the alleged violator (defendant) as provided in ordinance no.
(e) The Bureau is authorized to accept payment of fines and costs in response to municipal civil infraction violation notices, and shall not be authorized to accept monies or admissions of responsibility in response to municipal civil infraction citations.
(f) The Bureau shall not accept payment of a fine or costs from any person who denies having committed a municipal civil infraction charged in a municipal civil infraction violation notice.
(g) The Bureau shall not have authority or jurisdiction to determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
(Ord. 3541, passed 6-9-2004; Ord. 3648, passed 4-25-2005)
(a) Any person receiving a municipal civil infraction violation notice shall be permitted to dispose of the charge alleged in the notice by making payment of the fine and/or costs to the Bureau. However, a person shall have the right to elect not to have the violation notice processed by the Bureau and to have the alleged violation notice processed in the 68th District Court. The unwillingness of any person to dispose of a violation at the Bureau shall not prejudice the person or in any way diminish the person’s rights, privileges and protection accorded by law.
(b) A person electing to have the alleged violation notice processed at the Bureau shall appear at the Bureau and pay the specified fine and/or costs within the time specified for appearance in the municipal civil infraction violation notice. Such appearance may be made by mail, in person or by representation, provided if appearance is made by mail, the person charged in the notice shall have the responsibility for timely delivery of the fine and/or costs within the time specified in the municipal civil infraction violation notice.
(c) In the event a person elects not to admit responsibility and pay the specified civil fine and/or costs prescribed for the respective violation notice, a municipal civil infraction citation may be issued. The authorized local official is not required to issue a municipal civil infraction citation notice as a precondition of issuance of a citation.
(Ord. 3542, passed 6-9-2004; Ord. 3649, passed 4-25-2005; Ord. 3655, adopted 6-27-2005)
(a) A schedule of civil fines payable to the Bureau by persons served with municipal civil infraction violation notices is hereby established.
(b) The fines for the violations of the Code sections listed in § 1-20(a) shall be as follows:
Offense | Fine |
First Offense: | $25.00 |
Second Offense: | $50.00 |
Third or Subsequent Offense: | $150.00 |
(c) The fines for the violations of the Code sections listed in § 1-20(b) shall be as follows:
(1) Up to $5,000.00 per occurrence, plus costs and other sanctions for each offense.
(Ord. 3543, passed 6-9-2004; Ord. 3774, passed 7-12-2010)
(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)
Violation of the following sections of this Code or the violation of any regulation adopted through these Code provisions shall be deemed to be a municipal civil infraction which shall subject the violator to the civil fines and penalties as provided in this chapter:
(a) Sections 11-1, 11-2, 11-10, 11-24, 12-2, 12-11, 12-19, 12-25, 12-39, 12-43, 12-48, 12-49.2, 12-52, 12-53.1, 12-54.1, 12-54.2, 12-62.1, 12-63, 12-67.1, 12-67.2, 12-67.3.2, 12-67.3.4, 12-67.3.5, 12-67.3.6, 12-67.3.7, 12-67.3.8, 12-67.3.9, 12-67.3.10, 12-67.3.11, 12-67.3.12, 12-67.3.13, 12-82, 16-1, 17-2, 17-4, 17-5, 17-6, 22-1, 24-1, 30-3, 30-4, 30-7, 30-9, 30-11, 30-12, 30-13, 30-14, 30-15, 30-18, 30-20, 30-21, 30-22, 30-23, 30-25, 30-26, 31-48.1, 36-1, 39-5, 39-6, 39-7, 39-9, 39-12, 39-13, 39-14, 39-18, 39-18.1, 39-19, 39-20, 39-20.1, 39-21 and 42-47(b).
(Ord. 3545, passed 6-9-2004; Ord. 3775, passed 7-12-2010)
§§ 1-22 – 1-130 RESERVED.
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