(A) (1) The general penalty for any violation of the village code, unless in express conflict of a specific section of the village code, is responsibility for a municipal civil infraction punishable by a civil fine not to exceed $500. In addition to a civil fine, a person or entity responsible for a municipal civil infraction may be ordered to pay any and all indirect and direct costs incurred by the village in connection with the violation including attorneys fees and/or may be subject to injunctive relief entered by a court of competent jurisdiction intended to compel compliance with the village code.
(2) Notwithstanding the above, the village may also enforce violations of the village code by civil actions for injunctive or other relief provided by law or by issuance of municipal civil infraction notices. Every day a violation of the village code continues to exist shall constitute a separate violation. Violations of the village code include any act prohibited under the code, made or declared unlawful by the code, and any omissions or failure to act in compliance with the code.
(B) (1) Commencement of municipal civil infraction action. This division (B)(1) specifies the manner of commencing municipal civil infraction actions with regard to those ordinances and chapters in the this code unless violation of the ordinance or chapter expressly specifies that violation is punishable by fine or imprisonment, or by both fine and imprisonment.
(a) A municipal civil infraction action may be commenced upon the issuance of either of the following by a village official authorized by the Village Council or by any law enforcement officer authorized to enforce the laws of the village:
1. A municipal civil infraction citation directing the person alleged to be responsible to appear in court; or
2. A municipal civil infraction violation notice directing the person alleged to be responsible to appear at the Village Ordinance Violations Bureau within a specified time period.
(b) The form of citations used to charge municipal civil infraction violations shall be in accordance with MCL 600.8709.
(c) The basis for issuance of a municipal civil infraction citation shall be as set forth in this division (B)(1)(c).
1. An authorized official who witnesses a person violate an ordinance or chapter of this code the violation of which is a municipal civil infraction shall prepare and subscribe, within a reasonable time and as completely as possible, an original and three copies of a citation unless such official issues a municipal civil infraction violation notice.
2. An authorized official may issue a citation to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction.
3. An authorized official may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance or chapter of the code the violation of which is a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction, and if the attorney for the village approves in writing the issuance of the citation.
(d) Municipal civil infraction citations shall be served in the following manner.
1. Except as otherwise provided in this division (B)(1)(d), the authorized official shall personally serve a copy of the citation upon the alleged violator.
2. 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 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 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. A citation served as provided in division (B)(1)(d)2. above for a violation involving the use occupancy of land or a building or other structure shall be processed in the same manner as a citation served personally upon a defendant.
(2) Penalties for municipal civil infraction violations.
(a) Unless an ordinance or chapter of this code prescribes that violation is punishable by fine or imprisonment, or both fine and imprisonment, a person determined to be responsible for violating any provision of this code shall be responsible for a municipal civil infraction and subject to the penalties as provided in this division (B)(2). The following civil fines shall apply in the event a person is determined to be responsible for a municipal civil infraction, including a person who is found to be responsible by the court after a trial or by admission, as well as a 0person who admits responsibility at the Municipal Ordinance Violations Bureau.
First offense | A civil fine for a first offense violation shall be in an amount of not less than $125, plus costs and other sanctions, for each offense |
Second offense | A civil fine for a second offense violation of the same provision of this code within a 3-year period shall be in an amount of not less than $250, plus costs and other sanctions, for each offense |
Subsequent offenses | A civil fine for a person who violates the same provision of this code 3 or more times within a 3-year period shall be not less than $300 and up to $500, as determined by the court, plus costs and other sanctions, for each offense |
(b) In addition to ordering the respondent determined to be responsible for a municipal civil infraction 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 or enjoin violation of the ordinance.
(c) Each act of violation, and on each day upon which any such violation shall occur or continue after notice of violation, shall constitute a separate offense.
(d) In addition to any remedies provided for by village ordinance or code, any equitable or other remedies available may be sought.
(e) The judge or magistrate shall also be authorized to impose costs, damages and expenses as provided by law.
(Ord. passed 7-1-2020)