(A) Municipal civil infractions.
(1) Except as provided by division (B) below, and notwithstanding any other provision of the village’s laws, ordinances, and regulations to the contrary, a person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to a civil fine of not less than $100, plus costs, damages, expenses, and other sanctions for each infraction.
(2) 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 committed by a person within any two-year period, and for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:
(a) The fine for any offense that is a first repeat offense shall be not less than $500, plus costs, damages, expenses, and other sanctions for each infraction; and
(b) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $1,000, plus costs, damages, expenses, and other sanctions for each infraction.
(3) Notwithstanding any other provision of the village’s laws, ordinances, and regulations to the contrary, the following persons are designated as the authorized village officials to issue municipal civil infraction citations for violations of this chapter: the Village President, any other village representative designated by the Village President or the Village Council, and any police officer.
(4) Except as otherwise provided by this section, the requirements and procedures for commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court-ordered fines, costs, and expenses; appearances and payment of fines and costs; failure to answer, appear, or pay fines; disposition of fines, costs, and expenses paid; and other matters regarding municipal civil infractions shall be as set forth in the village’s municipal civil infraction provisions in other village ordinances, as applicable, and Public Act 236 of 1961, being M.C.L.A. §§ 600.101 through 600.9948, as amended.
(B) Criminal penalties; imprisonment.
(1) Any person who sells, or agrees to sell, any lot, piece, or parcel of land without first having recorded a plat thereof, when required by this chapter, is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of $500 per violation, per day, or imprisonment for a period of not more than 90 days, or both such fine and imprisonment, in the discretion of the court.
(2) Agreement to sell under this section does not include an option to buy extended from the seller for a money consideration to the prospective buyer.
(C) Nuisance. The creation of a division of land in violation of this chapter is hereby determined to be detrimental to the health, safety, and general welfare of the residents, property owners, and other persons within the village, and is deemed a public nuisance. Any violation of this chapter shall constitute a basis for injunctive relief against the violator to restrain and prohibit the violator from continuing the violation, in addition to any other relief or penalty provided by this chapter, or allowed by law.
(D) Civil action; injunctive relief. Any person who violates any provision of this chapter shall also be subject to civil action seeking invalidation of the land division and appropriate injunctive or other relief.
(E) Continuing offenses. Each day on which a violation of this chapter continues constitutes a separate or repeat offense and shall be subject to penalties or sanctions as a separate or repeat offense.
(F) Parties liable. Any person who violates any of the provisions contained in this chapter, whether as owner, lessee, permittee, licensee, agent, servant, employee, or in any other capacity, shall be liable as a principle.
(Prior Code, § 150.99) (Ord. 46, passed 2-18-2003)