A. Unless a violation of this code or other city ordinance is specifically designated in the code or ordinance as a municipal civil infraction (or unless expressly otherwise provided by the code or other city ordinance or expressly otherwise required by applicable state or federal laws), the violation shall be a misdemeanor.
B. The penalty for a misdemeanor violation shall be a fine not exceeding $500, plus costs of prosecution, or imprisonment not exceeding 90 days or both the fine, plus costs, and imprisonment in the discretion of the court, unless another maximum fine or term of imprisonment is otherwise specifically provided for the violation by this code or other city ordinance or authorized by state law.
C. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this code or other city ordinance, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961, as amended and other applicable laws.
1. Unless otherwise specifically provided for a particular municipal civil infraction violation by this code or other city ordinance, the civil fine shall be not less than $100, plus costs, expenses and other sanctions, for each violation.
2. a. Increased civil fines may be imposed for repeat violations by a person of any requirement or provision of this code or other city ordinance. As used in this section,
REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:
(1) Committed by a person within any 12-month period (unless some other period is specifically provided by this code or other city ordinance); and
(2) For which the person admits responsibility or is determined to be responsible.
b. Unless otherwise specifically provided by this code or other city ordinance for a particular violation, the increased fine for a repeat offense shall be as follows.
(1) The fine for any offense which is a first repeat offense shall be not less than $1,000, plus costs, expenses and other sanctions.
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $2,500, plus costs, expenses and other sanctions.
D. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this code or other city ordinance; and any omission or failure to act where the act is required by this code or other city ordinance.
E. Each act of violation and each day on which any violation of this code or other city ordinance continues or is permitted to exist constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
F. The imposition of a fine, penalty or other sanction shall not excuse any person from compliance with the requirements of this code or other city ordinance.
G. The remedies, penalties and sanctions provided by this code and other city ordinances are cumulative. In addition to any remedies provided by this section or otherwise available to the city at law, the city may revoke or suspend any permit or license or bring an action for an injunction or initiate other available processes against a person to restrain, prevent or abate any violation of this code or other city ordinance. The city may also seek orders from courts of competent jurisdiction to compel compliance with this code to abate a nuisance or other condition violating this code, to provide for restitution or for other equitable relief. The city shall also have a cause of action to recover as damages any cost incurred by the city resulting from the violation of this code.
H. The remedies, penalties and sanctions provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this code or other city ordinance, whether or not the remedy, penalty or sanction is reenacted in the amendatory ordinance.
I. This code may also be enforced, where appropriate, by any citizen, elector or taxpayer of the city by means of suit for injunction, mandamus, prohibition or other available legal process, at his or her own cost, unless voluntarily accepted by the City Council.
(Ord. 157, adopted 12-13-1965; Ord. 318, adopted 11-12-2001)