(A) Violation; municipal civil infraction. Except as provided by division (F) below, and notwithstanding any other provision of the township’s laws, ordinances and regulations to the contrary, a person who violates any provision of this chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the authorized enforcement agency under this chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine, the amount of which shall be set by the township from time to time, per day for each infraction and not more than an amount set by the township per day for each infraction, plus costs and other sanctions.
(B) Repeat offenses; increased fines.
(1) 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:
(a) Committed by a person within any 12-month period; and
(b) For which the person admits responsibility or is determined to be responsible.
(2) 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 an amount determined by the township from time to time plus costs.
(b) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than an amount determined by the township from time to time plus costs.
(C) Amount of fines. Subject to the minimum fine amounts specified in division (B)(1) above, the following factors shall be considered by a court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator’s recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.
(D) Authorized local official. Notwithstanding any other provision of the township’s laws, ordinances and regulations to the contrary, the following persons are designated as the authorized local officials to issue municipal civil infraction citations (directing alleged violators to appear in District Court) and/or notices (directing alleged violators to appear at the township’s Municipal Violations Bureau, as applicable) for violations of this chapter (in addition to any other persons so designated by the authorized enforcement agency): the Township Ordinance Enforcement Officer and any police officer (including County Sheriff’s Deputies).
(E) Other requirements and procedures. 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 Public Act 236 of 1961, being M.C.L.A. Chapter 600, as amended.
(F) Criminal violations. Any person who does as follows shall, upon conviction, be guilty of a misdemeanor punishable by a fine in an amount as determined by the township from time to time per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court:
(1) At the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the authorized enforcement agency under this chapter;
(2) Intentionally makes a false statement, representation or certification in an application for, or form pertaining to a permit, or in a notice, report or record required by this chapter, or in any other correspondence or communication, written or oral, with the authorized enforcement agency regarding matters regulated by this chapter;
(3) Intentionally falsifies, tampers with or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; or
(4) Commits any other act that is punishable under state law by imprisonment for more than 90 days.
(G) Aiding and abetting. Any person who aids or abets another person in a violation of this chapter shall be subject to the sanctions provided in this section.
(Prior Code, § 72.004.1) (Ord. 05-05, passed 9-8-2005)