(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
BUREAU. The Municipal Ordinance Violations Bureau established in division (B) below.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice, prepared by an authorized official, directing a person to appear at the Village Ordinance Violations Bureau for the purpose of paying a civil fine and/or costs for a violation which is prescribed to be a municipal civil infraction.
(B) Establishment of Bureau.
(1) A Village Municipal Ordinance Violations Bureau is hereby established under the authority of MCL 600.8396 for the purpose of accepting admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices and to collect and retain civil fines and costs pursuant to a schedule as prescribed by ordinance.
(2) Payments made to the Bureau shall be retained and accounted for as fines and costs, respectively, and shall be deposited in the General Fund.
(3) The Bureau shall be located in the village offices and shall be under the supervision and control of the Village Treasurer.
(4) The Village Treasurer may authorize other village officials to carry out the Treasurer’s duties under this section in the absence of the Village Treasurer.
(C) Authorization for and service of municipal civil infraction violation notices.
(1) A village official authorized by the Village Council, or any law enforcement officer authorized to enforce the laws of the village, may issue a municipal civil infraction violation notice rather than initially issuing a municipal civil infraction citation. A municipal civil infraction violation notice shall include at least the following information:
(a) A statement of the violation charged, including the section of the ordinance or chapter under which the charge is made;
(b) The date on or before which the person charged must pay the specified civil fine and costs at the Bureau;
(c) The amount of the civil fine and costs;
(d) The methods that may be used to appear at the Bureau to pay the civil fine and costs;
(e) The address, telephone number and the days and hours the Bureau is open; and
(f) A statement that if the civil fine and costs are not paid before the date specified, a municipal civil infraction citation may be issued to commence a violation proceeding in the District Court, and that each day a violation continues is a separate offense.
(2) Except as provided in division (C)(3) below, an authorized official shall personally serve a copy of the municipal civil infraction violation notice upon an alleged violator.
(3) In a municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the municipal civil infraction violation notice need not be personally served upon the alleged violator but may be served upon an 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 notice shall be sent by first class mail to the owner of the land, building or structure at the owner’s last known address.
(D) Limited authority of Bureau.
(1) 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 admission of responsibility in response to municipal civil infraction citations.
(2) 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.
(3) 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.
(E) Choices of person charged with violation.
(1) Any person receiving a municipal civil infraction violation notice shall be permitted to admit responsibility and make a disposition 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 processed by the Bureau and to have the alleged violation processed in a court of competent jurisdiction. 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.
(2) A person electing to have the alleged violation 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.
(F) Procedure for persons electing not to respond to municipal civil infraction violations notice. In the event a person does not admit responsibility and pay the specified civil fine and applicable costs prescribed for the respective violation within the time specified in the notice, a municipal civil infraction citation may be filed with the District Court, in which case, a copy of the citation shall be served by first- class mail upon the person charged with the municipal civil infraction at such person’s last known address. The citation filed with the Court shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violations notice and shall fairly inform the person charged how to respond to the citation.
(G) Accounting of violation dispositions. The Village Treasurer shall keep and maintain records of the disposition of all violation notices at the Bureau and provide the Village Council with a monthly accounting of the number of admissions and moneys collected. The Treasurer shall also keep and maintain an annual file with copies of all municipal civil infraction violation notices based on a fiscal year basis. The Treasurer shall also establish and maintain a village account of all moneys collected in connection with each violation notice, showing the name of the person admitting responsibility, the nature of the violation and the amount of the civil fine and costs collected. Moneys in the account shall be transferred when and as directed by the Village Council.
(Ord. passed 7-1-2020)