(a) Enforcement. The zoning official shall enforce the provisions of this chapter unless otherwise specified by this code or required by law. It shall be unlawful for any owner or occupant to allow or permit or fail to correct a violation of the terms of this chapter or for any person to commence operations of any kind that are in violation of the terms of this chapter. Any violations shall be subject to the penalties herein prescribed.
(b) Report of violation. Any building or land use activities considered possible violations of the provisions of this chapter observed by or communicated to the city police agency or to any city official shall be reported to the zoning official.
(c) Inspection of violation. The zoning official shall inspect each alleged violation of this chapter within seven days of notification of the alleged violation. Failure to comply with this section in a timely manner shall not be a defense to any violation.
(d) Correction period, notice requirements, violations. Whenever a violation has been confirmed by the zoning official, the zoning official shall give notice in writing by hand delivery or first class mail addressed to the owner and occupant of the property where the violation exists and to any person(s) otherwise responsible for said violation. The notice shall specify the location and nature of the violation and shall indicate that the owner, occupant or person otherwise responsible, is required to abate the violation or file the necessary appeal forms with the zoning board of appeals. The notice shall specify that the violation be abated or an appeal to the zoning board of appeals be properly filed within no less than seven days or more than 30 days of receipt of the notice. The time allowed in the notice for abatement or appeal shall be determined at the discretion of the zoning official upon consideration of the nature and severity of the violation and the risk of harm to the public health, safety, and welfare of any continuing violation. If the occupant or owner of the premises is unknown or cannot be located, notices shall be given by posting a copy of said notice upon a conspicuous part of the property where the violation is located and by mailing a copy of said notice by first class mail, addressed to the owner or party in interest at the address shown on the current tax records. It is unlawful for any person given notice pursuant to this section to fail to either correct the violation or appeal to the zoning board of appeals within the time prescribed by this chapter. If appealed to the zoning board of appeals, the violation must be corrected within 30 days of a denial of an appeal.
(e) Penalty provisions, costs of prosecution, daily violations. Unless a provision of this chapter is expressly designated as a civil infraction, any conviction for a violation of this chapter shall constitute a misdemeanor violation punishable by imprisonment in the county jail for not more than 90 days and/or by a fine of not more than $500.00, plus the costs of prosecution. Where the violation is designated as a municipal civil infraction a person found responsible shall be fined not more than $500.00 plus the direct and indirect costs of the action not to exceed $500.00 pursuant to section 8727(3) of the Revised Judicature Act of 1961 (MCL 600.8727(3)). Each day that a violation is permitted to exist shall constitute a separate punishable offense. The imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this chapter. Violation of this chapter is hereby declared a nuisance per se and conviction of the penal provisions, or finding of responsibility shall not preclude proceedings to abate such a nuisance.
(f) Cumulative rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(g) Building permit refusal. The building official may refuse to issue a new building permit to a person who has failed to correct pending violations of this chapter or the building code.
(Ord. No. 152, 5-1-2006)