(A) Violation of law. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or land or cause or permit the aforementioned to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the code official shall be permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be discontinued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this chapter.
(B) Nuisance declaration. Any building or structure which is erected, altered, or converted or any use of premises or land which is begun or changed after the time of passage of this chapter and in violation of any of the provisions thereof is declared to be a public nuisance per se and shall be abated by order of a court of competent jurisdiction.
(C) Infraction type.
(1) Municipal civil infraction. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter shall be punished for a municipal civil infraction. Each day that a violation continues shall constitute a separate offense.
(2) Misdemeanor. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter for any time after the second repeat offense (third offense), then such person shall be punished for a misdemeanor violation.
(D) Sanctions. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as prescribed by resolution of the Common Council, plus any costs, damages, expenses, and other sanctions as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.
(1) Unless otherwise specifically prescribed for a particular municipal civil infraction violation by this chapter or any ordinance, the civil fine for a violation shall be not less than an amount prescribed by resolution of the Common Council, plus costs and other sanctions, for each infraction.
(2) Increased civil fines may be imposed for repeated violations of any requirement or provision of this chapter by a person. As used in this section, "repeat offense" means a second municipal civil infraction violation of the same requirement or provision committed by a person within one year (unless some other period is specifically prescribed by this chapter) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically prescribed by this chapter for a particular municipal civil infraction violation, the increased fine for the first repeat offense shall be not less than an amount prescribed by resolution of the Common Council, plus costs.
(3) Any person, firm, or corporation that violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter as any offense after a second repeat offense (third offense), shall be punished for each offense upon conviction, by a fine of not more than $500, and costs of prosecution, or by imprisonment for a period not exceeding 90 days, or by both fine and imprisonment, in the discretion of the court. Each day that a violation continues shall constitute a separate offense.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)