(a) Commencement. A Municipal civil infraction action is commenced upon the issuance by an authorized enforcement officer of either of the following:
(1) Citation. A Municipal civil infraction citation directing the alleged violator to appear in District Court; or
(2) Violation notice. A Municipal civil infraction violation notice directing the alleged violator to appear at the Ordinance Violations Bureau.
(b) Citation Form. The form and content of citations used for Municipal civil infraction violations shall be in accordance with M.C.L.A. 600.8705 and 600.8709.
(c) Basis for Issuance. The basis for issuance of a Municipal civil infraction citation shall be as follows:
(1) Witnessed by authorized enforcement officer. An authorized enforcement officer who witnesses a person violate an ordinance, the violation of which is a Municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation unless the officer instead issues a Municipal civil infraction violation notice pursuant to subsection (e) hereof.
(2) Based upon investigation. An authorized enforcement officer may issue a citation to a person if, based upon investigation, the officer has reasonable cause to believe that a person is responsible for a Municipal civil infraction.
(3) Based on investigation of complaint by witness. An authorized enforcement officer may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance, the violation of which is a Municipal civil infraction, the officer has reasonable cause to believe that the person is responsible for a Municipal civil infraction and if the Village Attorney approves, in writing, the issuance of the citation.
(d) Filing and Service of Citations. Municipal civil infraction citations shall be filed with the District Court, and a copy shall be served in the following manner:
(1) Personal service. Except as otherwise provided in paragraphs (d)(2) and (3) hereof, the authorized enforcement officer shall personally serve a copy of the citation upon the alleged violator.
(2) Use or occupancy of land; posting. In a Municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the citation need not be personally served upon the alleged violator but may be served upon the owner or occupant of the land, building or structure by posting the copy on the land or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by first class mail to the owner of the land, building or structure at the owner's last known address.
(3) Processing of citation. A citation served as provided in paragraph (d)(2) hereof, for a violation involving the use or occupancy of land or a building or other structure, shall be processed in the same manner as a citation served personally upon a defendant.
(e) Municipal Civil Infraction Violation Notices. An authorized enforcement officer may issue and serve a Municipal civil infraction violation notice, instead of a citation, under the same circumstances and in the same manner as provided for the service of citations. The violation notice shall indicate the time by which the alleged violator must appear at the Ordinance Violations Bureau, the means by which a violator may appear, the address and telephone number of the Ordinance Violations Bureau, the Ordinance Violations Bureau's hours, the amount of the fine for the violation, and the consequences for failure to appear or to pay the fine, together with any other information required by ordinance. (Ord. 2000-1. Passed 2-7-00.)