(A) Any person violating any provision of this code for which a penalty is not otherwise specified, either in that provision or elsewhere in the code, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be subject to a fine of not more than $500, or to imprisonment in the county jail for a period of not more than 90 days, or to both the fine and imprisonment, in the discretion of the court.
(B) Provisions of this code prescribing any penalty shall not apply to the failure of any village officer or employee to perform an official duty.
(C) (1) 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 police officer or other personnel of the village authorized by this code or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices. AUTHORIZED VILLAGE OFFICIAL shall include the following, in addition to police officers:
1. Village inspectors and all persons carrying on the inspection function under construction codes enforced in the village from time to time as well as any other codes or ordinances concerning the condition of property such as, but not limited to, the Property Maintenance Code and the Dangerous Building Code;
2. All personnel designated as zoning and planning enforcement personnel, including, but not limited to, the Zoning Administrator;
3. All police officers of the village; and
4. The Village President and the Village Clerk.
BUREAU. The Village Municipal Ordinance Violations Bureau, as established by this code of ordinances.
MUNICIPAL CIVIL INFRACTION CITATION. A written complaint or notice 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 Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the village, as authorized under the Revised Judicature Act of 1961, Public Act 236 of 1961, §§ 8396 and 8707(6), being M.C.L.A. §§ 600.8396 and 600.8707(6).
(2) Issuance or service of citations. The issuance by authorized village officials, service by authorized village officials and contesting of municipal civil infraction citations shall comply with law.
(3) Municipal Ordinance Violations Bureau.
(a) The village hereby establishes a Municipal Ordinance Violations Bureau (“Bureau”) as authorized under the Revised Judicature Act of 1961, Public Act 236 of 1961, § 8396, being M.C.L.A. § 600.8396, to accept admissions of responsibility of municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized village officials, and to collect and retain civil fines and costs as prescribed by this code or any ordinance.
(b) The Bureau shall be located at the Village Hall, and shall be under the supervision and control of the Village Clerk. The Village Treasurer, subject to the approval of the Village President, shall adopt rules and regulations for the operation of the Bureau and appoint all necessary qualified village employees to administer the Bureau.
(c) The Bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled and for which a municipal civil infraction violation notice (as compared with a citation) has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Bureau. Nothing in this section shall prevent or restrict the village from issuing a municipal civil infraction citation for any violation, or from prosecuting any violation in a court of competent jurisdiction. No person shall be required to dispose of a municipal civil infraction violation at the Bureau and may have the violation processed before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person or in any way diminish the person’s rights, privileges, and protection accorded by law.
(d) The scope of the Bureau’s authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
(e) Municipal civil infraction violation notices shall be issued and served by authorized village officials under the same circumstances and upon the same persons as provided for citations as provided in this section. In addition to any other information required by this code or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation and the consequences for failure to appear and pay the required fine within the required time.
(f) An alleged violator receiving a municipal civil infraction violation notice shall appear at the Bureau and pay the specified fine and costs at, or by, the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation.
(g) If an authorized village official issues and serves a municipal ordinance violation notice, and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by the schedule of fines for the violation are not paid at the Bureau, a municipal civil infraction citation may be filed with the district court and 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 filed with the court does not need to comply in all particulars with the requirements for citations as provided by the Revised Judicature Act of 1961, Public Act 236 of 1961, §§ 8705 and 8709, being M.C.L.A. §§ 600.8705 and 600.8709, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.
(4) Schedule of civil fines established. A schedule of civil fines payable to the Bureau for admissions of responsibility by persons served with municipal ordinance violation notices is established by this section. The schedule shall be as follows, and a copy of the schedule, as amended from time to time by ordinance, shall be posted at the Bureau.
Subject | First Offense | First Repeat Offense | Second Repeat Offense |
Property Maintenance Code | $100 | $250 | $500 |
Zoning Ordinance | $100 | $250 | $500 |
(a) FIRST REPEAT is a repeat of the offense by the same person or persons in concert within 24 months of the first offense.
(b) SECOND REPEAT is a repeat of the offense by the same person or persons in concert within 24 months of the first repeat offense.
(D) A violation includes any act which is prohibited, or made or declared to be unlawful or an offense by this code or any ordinance, and any omission or failure to act where the act is required by this code or any ordinance.
(E) Each act of violation and each day on which any violation of this code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(F) In addition to any remedies available at law, the village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this code or any village ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.
(G) The penalties and sanctions provided by this section, unless another penalty or sanction has expressly provided, shall apply to the amendment of any section of this code and/or any addition to this code, whether or not the penalty or sanction is reenacted in the amendatory ordinance.
(Prior Code, § 10.99) (Ord. 10.99C, passed 9-15-2015)
Statutory reference:
Contesting civil infractions, see M.C.L.A. §§ 600.8715 et seq.
Issuance and service citations, see M.C.L.A. § 600.8707
Municipal civil infractions, see M.C.L.A. §§ 600.8701 et seq.
Ordinance violation notice, see M.C.L.A. § 600.8707(6)