(A) Findings and purpose.
(1) The township is a member of the Northwest Utility Authority, an Authority organized pursuant to Pub. Act 233 of 1955, as amended.
(2) The Northwest Utility Authority is authorized to adopt rules and regulations which are enforceable within the boundaries of each of its member municipalities, pursuant to M.C.L.A. § 124.284d, as amended.
(3) This township, as a member municipality of the Northwest Utility Authority, is empowered to enforce the rules and regulations of the Northwest Utility Authority within its jurisdictional boundaries, pursuant to M.C.L.A. § 124.284d(3), as amended.
(4) The township desires to establish concurrent authority to enforce the rules and regulations as adopted by Northwest Utility Authority and approved by the township.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORITY. The Northwest Utility Authority, an authority created under Pub. Act 233 of 1955, being M.C.L.A. §§ 124.281 to 124.294, as amended.
AUTHORIZED LOCAL OFFICIAL. The Township Ordinance Enforcement Officer.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice prepared by an authorized township official, directing a person to appear in District Court and to pay the fine and costs, if any, prescribed for violation of the authority sewage disposal regulations.
SEWAGE DISPOSAL REGULATIONS. The Northwest Utility Authority Sewage Disposal Regulations, as approved by the Township Board on 7-1-2002 and adopted by the Authority on 7-18-2003, as amended.
(C) Municipal civil infraction action; commencement. A municipal civil infraction may be commenced for violation of the sewage disposal regulations upon the issuance by an authorized official of the township of a municipal civil infraction citation directing the alleged violator to appear in District Court.
(D) Municipal civil infraction citations: issuance and service. Municipal civil infraction citations shall be issued and served by authorized township officials as follows.
(1) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.
(2) The place for appearance specified in a citation shall be the District Court of the county.
(3) An authorized township official may issue a citation to a person if:
(a) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
(b) Based upon the investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction.
(E) Penalties and sanctions; injunctive relief.
(1) Violations and penalties. A person who violates any provision of the sewage disposal regulations, a wastewater discharge permit or order issued thereunder, or any other pretreatment standard or requirement of the sewage disposal regulations is responsible for a municipal civil infraction, subject to payment of a civil fine of $1,000 per day, plus costs and other sanctions, for each infraction. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Fines/schedule of fines.
(a) 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 these regulations:
1. Committed by a person within any 90-day period; and
2. For which the person admits responsibility or is determined to be responsible.
(b) The increased fine for repeat offenses under these regulation shall be in accordance with the following schedule:
1. For a first repeat offense, the fine shall be $2,500, plus costs; and
2. For a second or subsequent repeat offense, the fine shall be $5,000, plus costs.
(3) Authorized official. The Township Ordinance Enforcement Officer and the Director of Environmental Protection and Water System Management, as provided in the Authority's disposal sewage regulations, are hereby designated as the authorized officials, to issue municipal civil infraction citations or municipal civil infraction violation notices as provided in this section and the sewage disposal regulations.
(4) Other enforcement action. Issuance of a civil infraction and imposition of a civil fine shall not be a bar against, or a pre-requisite for, taking any other action against the user, as authorized under the sewage disposal regulations.
(F) Effective date. This section shall be published within 30 days following adoption by the Township Board, in a newspaper of general circulation within the township. It shall take effect 30 days after the date of publication.
(Ord. 03-07A, passed 1-20-2004) Penalty, see § 50.99