(A) Violation; municipal civil infraction. Except as provided by § 55.102, a person who violates any provision of this chapter or rules promulgated hereunder, including without limitation any notice, order, stormwater construction approval, agreement, decision, or determination promulgated, issued, made, or entered by the city under this chapter or rules promulgated pursuant to this chapter, is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day and not more than $27,500 per day for each infraction, plus costs and other sanctions.
(B) Repeated offenses; increased fines.
(1) Increased fines may be imposed for repeat offenses. As used in this section, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this chapter or rule promulgated hereunder that is committed by a person within any 12-month period and for which the person admits responsibility or is determined to be responsible.
(2) The increased fine for a repeat offense under this section shall be as follows:
(a) The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.
(b) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.
(C) Amount of fines.
(1) Municipal civil infraction citations.
(a) Subject to the minimum fine amounts specified in divisions (A) and (B), the following factors shall be considered in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter or rules promulgated pursuant to this chapter:
1. The type, nature, gravity, magnitude, severity, frequency, duration, preventability, potential and actual effect, cause (including whether negligent or intentional) and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of the violation;
2. The violator’s recalcitrance, cooperation or efforts to comply;
3. The violator’s compliance history (regardless whether prior enforcement proceedings were commenced);
4. The economic impacts of the fine on the violator; and
5. Such other factors as justice may require.
(b) A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.
(2) Municipal civil infraction notices; schedule of fines.
(a) Notwithstanding any provision of this chapter to the contrary, the amount of a municipal civil infraction fine due in response to the issuance of a municipal civil infraction notice for a violation as provided by division (A) shall be according to the following schedule:
1. First offense: $1,000.
2. Second offense: $2,500.
3. Third offense (or any subsequent offense): $5,000.
(b) For any fine not paid in full within 30 days of the time specified for appearance in the municipal civil infraction violation notice, the fine amount due shall automatically be double the amounts listed immediately above. A copy of this schedule shall be posted at the City of Inkster City Hall and Department of Public Works.
(D) Authorized city officials. The following persons are authorized city officials for purposes of issuing municipal civil infraction citations (directing alleged violators to appear in district court) or municipal civil infraction violation notices (alleged violators to appear at the Wayne County-Municipal Ordinance Violations Bureau) for violations under this chapter: the Director of Department of Public Works; the City Engineer, or the Director of Building, and their respective designees and authorized representatives.
(E) Procedures. Except as otherwise provided by this section, the procedures for municipal civil infractions shall be as set forth in the Code of Ordinances of the City of Inkster.
(Ord. 826, passed 11-9-09)