(A) Pursuant to M.C.L.A. §§ 600.8701 et seq. and Section 7.15 of the City Charter, a violation of this code or other city ordinance is a municipal civil infraction only if the ordinance that establishes the violation, expressly provides said violation constitutes a municipal civil infraction, or the code or other city ordinance expressly state so, or is expressly defined by applicable state or federal laws as a municipal civil infraction. It is understood that the simple reference to this section of the Code is sufficient to meet the statutory requirement regarding express reference.
(B) 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, for each violation the civil fine shall not exceed $500, plus costs, expenses and other sanctions; or jail time for 90 days, or both, in the discretion of the court.
(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 $250, plus costs, expenses and other sanctions.
2. The fine for any offense which is a second repent offense, or any subsequent repeat offense shall be not less than $500, plus costs, expenses and other sanctions.
(C) 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.
(D) 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.
(E) 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.
(F) 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.
(G) 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.
(H) All other violation shall constitute a misdemeanor. The penalty for a misdemeanor violation shall be a fine not exceeding $500, plus costs of prosecution, or jail time not exceeding 90 days or both, a fine, plus costs, and jail time in the discretion of the court, unless another maximum fine or term of jail time and/or imprisonment is otherwise specifically provided for the violation by this code or other city ordinance or authorized by state law.
(I) Pursuant to § 151.01, the International Property Maintenance Code, 2018 edition, as published by the International Code Council, was adopted by reference, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code are hereby adopted us the Property Maintenance Code of the city, and made a part hereof as if fully set out herein, with the additions, insertions, deletions and changes prescribed in § 151.02. Any violation of the International Property Maintenance Code shall be deemed a municipal civil infraction, unless the violation incurred is defined by statute as another infraction, municipal civil infraction or otherwise, and its penalties shall be as provided herein for municipal civil infractions.
(Ord. 2022-03, passed 12-12-2022)