(A) Title. This section shall be known and may be cited as the Village of Manchester Municipal Civil Infractions Ordinance.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED VILLAGE OFFICIAL. A peace officer, the Village Code Administrator, the Zoning Administrator, the Village Construction Code Official, and other personnel of the village authorized by resolution, this section, or any other ordinance to issue municipal civil infraction notices and citations.
BUREAU. The Village Ordinance Violations Bureau, as established by this section.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which a person is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION. A written complaint prepared by an authorized village official directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice prepared by an authorized village official, directing a person to appear at the Village Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation or as provided for by this section or resolution by Village Council.
PERSON. Any person, firm, partnership, limited liability company, corporation or association of persons.
(C) Establishment, location and personnel of Ordinance Violations Bureau.
(1) Establishment. The Village of Manchester Ordinance Violations Bureau (hereafter "Bureau") is hereby established pursuant to 1994 Public Act 12 (M.C.L.A. § 600.8396), as it may be amended from time to time, for the purpose of accepting admissions of responsibility for Village Code and ordinance violations designated as municipal civil infractions, and to collect and retain civil fines and costs for such violations as prescribed.
(2) Location. The Bureau shall be located at the Village Offices, 912 City Road, PO Box 485, Manchester, MI 48158.
(3) Personnel. All personnel of the Bureau shall be village employees. The Village Council or Manager may designate a Bureau Clerk with the duties prescribed herein and as otherwise may be delegated.
(4) Operational procedure. Village Council may adopt rules and regulations for operation of the Bureau.
(D) Bureau authority. The Bureau shall only have authority to accept admissions of responsibility for municipal civil infractions for which a municipal violation notice has been issued and served, and to collect and retain the scheduled civil fines and costs for such violations. The Bureau shall not accept payment of fines and costs from any person who denies having committed the alleged violation or who admits responsibility only with explanation. The Bureau shall not determine or attempt to determine the truth or falsity of any fact or matter relating to an alleged municipal civil infraction violation.
(E) Authorized village officials.
(1) The following personnel are authorized to issue municipal civil infraction violation notices and/or municipal civil infraction citations:
(a) Any Peace Officer or Deputy Sheriff;
(b) The Village Building and Construction Code Official;
(c) The Village Zoning Administrator; and
(d) The Village Code Administrator.
(2) The Village Council may by resolution authorize other personnel to issue municipal civil infraction violation notices or citations as it deems necessary and proper.
(F) Municipal civil infraction action; commencement. A municipal civil infraction action may be commenced by an authorized village official issuance of:
(1) A municipal civil infraction notice directing the alleged violator to appear at the Bureau; or
(2) A municipal civil infraction citation directing the alleged violator to appear in court.
(G) Issuance and service of municipal civil infraction notice or citation.
(1) Issuance. An authorized village official may issue a municipal civil infraction violation notice or citation to a person when:
(a) The official witnesses a person who violates an ordinance or other regulation which provides for municipal civil infraction penalties;
(b) Based upon the village official's investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction violation; or
(c) Based upon an investigation by a village official of a complaint from someone who witnessed a person violate a regulation that provides for a municipal civil infraction penalty, and the official has reasonable cause to believe that a person is responsible for a municipal civil infraction, and the Village Attorney authorizes issuance of a municipal civil infraction notice of violation or a citation in writing.
(2) Personal service. Except as otherwise provided in subsections (3) and (4) below, the authorized village official must personally serve a copy of the municipal civil infraction violation notice or a citation upon the alleged violator.
(3) Exception to personal service for issuance of citation after service of violation notice. If an authorized village official issues and serves a municipal civil infraction violation notice in accordance with this section, and if an admission of responsibility is not made and the civil fine and costs are not paid at the Bureau, a municipal civil infraction citation may be issued and filed with the Court, and a copy of the citation may be served on the violator by first-class mail sent to the alleged violator's last known address.
(4) Posting. If an alleged violation involves the use or occupancy of land, or a building or other structure, the municipal civil infraction violation notice, or a citation, may be issued and served by posting the notice or citation on the land, building or structure, and by mailing a copy of the notice or citation by first-class mail to the owner of the land, building or structure at the owner's last known address.
(H) Civil infraction notice requirements and process.
(1) Contents of notice. A municipal civil infraction violation notice shall include all of the following:
(a) The name and address of the alleged violator;
(b) The violation charged;
(c) The time, date and location of the alleged violation;
(d) The address and telephone number of the Bureau;
(e) The days and hours that the Bureau is open;
(f) The amount of the scheduled fines/costs for the violation;
(g) The time within which the person must appear at the Bureau for purposes of admitting or denying responsibility for the violation;
(h) A statement that the alleged violator may appear at the Bureau in person or by mail;
(i) The method by which the violation may be admitted or denied;
(j) The consequences of failing to pay the required fines/costs or appear at the Bureau within the required time.
(2) Denial of responsibility. Where a person fails to admit responsibility for a violation and pay the required civil fines/costs at the Bureau within the designated time period, the Bureau Clerk or other designated village employee(s) shall advise the village official who issued the notice of violation, and the official shall proceed with issuance and filing of a citation for the violation. The citation shall be filed in the district court having jurisdiction of the matter. The citation shall consist of a sworn complaint containing, at a minimum, the allegations stated in the municipal civil infraction violation notice and shall fairly inform the alleged violator how to respond to the citation. A copy of the citation may be served by first class mail upon the alleged violator at the alleged violator's last known address. The citation shall thereafter be processed in the manner required by law.
(I) Civil infraction citation requirements and process. Municipal civil infraction citations shall be issued and served by authorized village officials as provided in this section and by law. A municipal civil infraction citation shall comply with the following requirements:
(1) The citation shall be in a form approved by the State Court Administrator.
(2) Citations shall be numbered consecutively.
(3) The original citation shall constitute a complaint and notice to appear and shall be filed with the district court. The first copy shall be retained by the enforcing agency. The second copy shall be served on the alleged violator in accordance with this section and law.
(4) The citation shall be signed by an authorized village official and shall be treated as made under oath.
(5) The citation shall specify the time and place for the violator to appear in court.
(6) The citation shall contain all of the following information:
(a) The name and address of the alleged violator;
(b) A clear statement of the violation charged with reference to the ordinance or code section that applies;
(c) The name, address, and phone number of the court where the alleged violator must appear;
(d) The time by which the appearance shall be made; and
(e) A statement of how the alleged violator must respond to the citation consistent with the requirements herein below.
(7) The citation shall advise the alleged violator of the following alternatives for responding to the citation:
(a) The alleged violator may admit responsibility in the district court by mail, in person, or by representation.
(b) The alleged violator may admit responsibility with explanation. If the alleged violator wishes to admit responsibility "with explanation" in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone or by representation within the time specified for appearance.
(c) The alleged violator may deny responsibility. If the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing.
(d) Unless a formal hearing is requested by the alleged violator or the municipality, an informal hearing will be scheduled by the court upon notice that the alleged violator has denied responsibility for the violation.
(e) At an informal hearing the alleged violator must appear before a judge or magistrate as directed by the court without an attorney.
(f) At a formal hearing the alleged violator must appear before a judge as directed by the court with or without an attorney.
(J) Schedule of civil fines and costs to Bureau for violation notices.
(1) The Village Council may by resolution establish a schedule of civil fines and costs payable to the Bureau upon admission of responsibility by persons served with a municipal civil infraction violation notice.
(2) Unless a different schedule of civil fines is provided for by resolution of Village Council or as provided in an applicable ordinance, the civil fine payable to the Bureau upon admission of responsibility by a person served with a municipal ordinance violation notice shall be determined pursuant to the following schedule:
(a) First violation $75
(b) Second violation within a 4-year period $150
(c) Third violation within a 4-year period $250
(d) Fourth or subsequent violation within a 4-year period $400
(3) In addition to the above prescribed civil fines, costs in the amount of $20 shall be assessed by the Bureau if the fine and costs are paid within 10 days of the date of service of the municipal ordinance violation notice. Otherwise, costs of $40 shall be assessed by the Bureau.
(K) Records and accounting. The Bureau Clerk or other designated village official/employee shall retain a copy of all municipal civil infraction violation notices and citations and shall account to the Village Council once a month or at such other intervals as the Council may require concerning the number of admissions and denials of responsibility for ordinance violations and the amount of fines and costs collected with respect to such violations. The civil fines and costs collected shall be delivered/paid to the Village Treasurer or his or her designated representative and shall be deposited in the general fund of the village.
(L) Availability of other enforcement options. Nothing in this section shall be deemed to require the village to initiate municipal civil infraction enforcement activity by issuance of a violation notice. As to each violation designated as a municipal civil infraction the village may, at its sole discretion, proceed directly with the issuance of a citation or take such other enforcement action as is authorized by law.
(Ord. 311, passed 8-1-2022)