(A) Unless a violation of this Code or any other ordinance of the city is specifically designated in the Code of ordinances as a municipally civil infraction, the violation shall be deemed to be a misdemeanor.
(B) The penalty for a misdemeanor violation shall be a fine not exceeding $500 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for by the violation by this code or any ordinance.
(‘83 Code, § 10.99)
(C) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Code or any ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961, as amended, being M.C.L.A. 600.8701 et seq. and other applicable laws; except as specified in division (C)(3) of this section. (Ord. 97-008, passed 12-1-97)
(1) Unless otherwise specifically provided for a particular municipal civil infraction violation by this Code or any ordinance, the civil fine for a violation shall be not less than $20, plus costs and other sanctions, for each infraction.
(2) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this Code or any ordinance. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision committed by a person within any six-month period (unless some other period is specifically provided by this Code or any ordinance) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code or any ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows.
(a) The fine for any offense which is a first repeat offense shall be no less than $35, plus costs.
(b) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $50, plus costs.
(‘83 Code, § 10.99)
(3) A defendant issued three civil infractions for a violation of the same requirement or provisions committed within any six-month period shall be guilty of a misdemeanor subject to the fines and penalties set forth in division (B) of this section.
(D) A defendant who fails to answer a citation or notice to appear in court for a municipal civil infraction, as defined in § 10.03, is guilty of a misdemeanor, and is subject to the fines and penalties described in division (B) in place and instead of those prescribed in divisions (C)(1) and (2) of this section.
(E) If a defendant fails to appear as directed by a municipal civil infraction citation, or other notice, at a scheduled appearance before the District Court, or at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against the defendant.
(F) If a defendant defaults in the payment of a civil fine, cost, or any installment as ordered by the court, upon the motion of the prosecutor or upon its own motion, the court may require the defendant to show cause why the defendant should not be held in civil contempt, and may issue a summons, order to show cause, or a bench warrant of arrest for the defendant's appearance.
(G) If a corporation or an association is ordered to pay a civil fine, cost, or damages or expenses, the individuals authorized to make disbursement shall pay the fine, cost, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this section.
(H) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
(I) If it appears that the default in the payment of a fine, cost, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, cost, or damages or expenses.
(J) The term of imprisonment on civil contempt for nonpayment of a civil fine, cost, or damages or expenses shall be specified in the order of commitment, and shall not exceed one day for each $30 due. A person committed for non-payment of a civil fine, cost, or damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30 per day.
(K) A defendant committed to imprisonment for civil contempt for non-payment of a civil fine, cost, or damages or expenses shall not be discharged from custody until one of the following occurs:
(1) The defendant is credited with the amount due pursuant to division (J).
(2) The amount due is collected through execution of process or otherwise.
(L) If a defendant does not pay a civil fine or costs or an installment ordered by the court within 30 days after the day on which payment is due for a municipal civil infraction action brought for a violation involving the use or occupation of land or a building or other structure, the prosecutor may obtain a lien against the land, building or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the Register of Deeds for the county in which the land, building, or structure is located. The court order shall not be recorded unless a legal description of the property is incorporated in or attached to the court order. The lien is effective immediately upon recording of the court order with the Register of Deeds.
(M) The court order recorded with the 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 prosecution by first class mail to the owner of record of the land, building, or structure at the owner's last known address.
(N) The lien may be enforced and discharged by the city in the matter prescribed in the Charter for the City of Garden City, by the general property tax in Public Act 206 of 1893, being M.C.L.A. § 211.1 through 211.57. However, property is not subject to sale under section 60 of Public Act 206 of 1893, being M.C.L.A. § 211.60, for non-payment of a civil fine or cost or an installment ordered by the Court, unless the property is also subject to sale under section 60 of Public Act 206 of 1893 for delinquent property taxes.
(O) A lien created under this section has priority under any other lien unless one or more of the following apply.
(1) The other lien is a lien for taxes or special assessment.
(2) The other lien is created before the effective date of the amendatory act that added to this section.
(3) Federal law provides that the other lien has priority.
(4) The other lien is recorded before the lien under this section is recorded.
(P) The city may institute an action in accord of competent jurisdiction for the collection of fines and costs imposed by a court order for a municipal civil infraction. However, an attempt by the city to collect the fines or costs by any process does not invalidate or waive the lien upon the land, building, or structure.
(Q) A lien provided by this section shall not continue for a period longer than five years after a copy of the court order imposing a fine or cost is recorded, unless within that time an action to enforce the lien is commenced.
(Ord. 97-008, passed 12-1-97)
(R) A VIOLATION includes any act which is prohibited or made or declared to be unlawful or an offense by this Code or any ordinance, and any omission or failure to act where the act is required by this Code or any ordinance.
(S) Each day on which any violation of this Code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(T) In addition to any remedies available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this Code or any city ordinance.
(‘83 Code, § 10.99) (Ord. 94-010, passed 9-26-94)
Cross-reference:
Penalties, See Charter, Sec. 5.06