§ 10.21  MUNICIPAL CIVIL INFRACTION SYSTEM.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACT.  Public Act 236 of 1961, as amended, being M.C.L.A. §§ 600.8801 through 600.8835.
      AUTHORIZED CITY OFFICIAL.  The City Manager, Building Official, Police Chief, any police officer, Fire Chief, any firefighter, Zoning Administrator or other officer of the city authorized by resolution or ordinance of the City Council to issue municipal civil infraction notices or citations.
      BUREAU.  The City of Saugatuck Municipal Ordinance Violations Bureau as established by this section.
      MUNICIPAL CIVIL INFRACTION.  An act or omission that is prohibited by any ordinance of the city, but which is not a crime under an ordinance of the city, and for which civil sanctions including, without limitation, fines, damages, expenses and costs may be ordered.
      MUNICIPAL CIVIL INFRACTION ACTION.  A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
      MUNICIPAL CIVIL INFRACTION CITATION.  A written complaint or notice prepared by an authorized city official, directing a person, firm, corporation, trust, partnership or other legal entity to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the persons cited.
      MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE.  A written notice prepared by an authorized city official, directing a person, firm, corporation, trust, partnership or other legal entity to appear at the Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the city, as authorized under §§ 8396 and 8707(6) of the Act.
      SUBSEQUENT VIOLATION.  A repeat municipal civil infraction violation within a period of two years of the same requirement or provision of an ordinance committed by a person, firm, corporation, trust, partnership or other legal entity and for which the person admits responsibility or is determined to be responsible.
   (B)   Bureau. There is hereby established a City of Saugatuck Municipal Ordinance Violations Bureau as authorized by the Act. The Bureau shall be located at the offices of the City Clerk and shall be supervised by the City Clerk. All costs associated with establishing and maintaining the Bureau shall be borne by the city.
   (C)   Municipal civil infraction violation notice. Municipal civil infraction violation notices shall specify 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 which the Bureau is open, the amount of the fine scheduled for the alleged violation, the amount of any costs associated with the prosecution of the action and the consequences for failure to appear and pay the required fine within the required time.
   (D)   Schedule of fines established.
      (1)   A schedule of civil fines payable at the Bureau for admissions of responsibility by persons served with municipal ordinance violation notices is hereby established. The fines for the violations listed below shall be as follows.
Chapter
Ordinance Name
Fine for First Violation
Fine for Second Violation
Fine for Third or Any Subsequent Violation
Chapter
Ordinance Name
Fine for First Violation
Fine for Second Violation
Fine for Third or Any Subsequent Violation
Garbage and Rubbish
$25
$100
$250
Toy Vehicles
$25
$100
$250
Ch. 91 (as designated)
Animals
$25
$100
$250
Inoperable Motor Vehicles
$25
$100
$250
Nuisances
$25
$100
$250
Ch. 96 (as designated)
Streets and Sidewalks
$25
$100
$250
Business License
$100
$300
$500
Garage Sales
$25
$100
$250
Ch.150 (as designated)
Building Code
$250
$500
$1,000
Ch.150 (as designated)
International Fire Code
$250
$500
$1,000
Flood Damage Prevention
$250
$500
$1,000
Ch. 152 (as designated)
Historic District
$100/$2,500
$300/$3,000
$500/$5,000
Subdivision Regulations
$250
$500
$1,000
Waterfront Construction
$250
$500
$1,000
Zoning Code
$100
$300
$500
 
      (2)   Copies of the schedule of fines shall be posted at the Bureau as required by the Act.
   (E)   Municipal civil infraction violation citation. If an alleged violator who is served with a municipal civil infraction violation notice does not appear at the Bureau, admit responsibility and pay the civil fine and costs prescribed by the schedule of fines for the violation within the time specified in the notice, a municipal civil infraction citation may be filed with the District Court and a copy of the citation may be served upon the alleged violator in the manner permitted by the Act. Nothing herein shall limit the authority of the city to issue a municipal civil infraction citation without having first issued a municipal civil infraction notice.
   (F)   General penalty for municipal civil infractions.
      (1)   Unless another penalty is expressly provided for in division (D) above or another section of this code, any person, firm, corporation, trust, partnership or other legal entity determined responsible for a violation of a city ordinance which has been designated as a municipal civil infraction shall be punishable by a civil fine of $25 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation and shall be liable for the payment of the costs of prosecution in an amount not less than $9, but not more than $500. Each act of violation and every day upon which any such violation shall occur or continue shall constitute a separate offense, and shall make the violator liable for the imposition of a fine for each day.
      (2)   Notwithstanding any provision in this code to the contrary, in addition to the fines and penalties provided for in this section, the District Court shall have jurisdiction to enforce any judgment, writ or order necessary to enforce any provision of a city ordinance, the violation of which is a municipal civil infraction including, but not limited to, abatement of the violating condition or granting any injunctive relief. In addition, the court may impose the total amount of the civil fine, costs or both as a lien upon the property where the violation occurred.
(Ord. passed 8-9-1999; Am. Ord. 150223-2, passed 2-23-2015)