A person who violates any provision of this chapter or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to the following fines:
(A) Civil fines. In the event of a determination of responsibility for a municipal civil infraction, the civil fines listed in the city’s civil infraction ordinance (Chapter 36 of Code of Ordinances) shall apply unless a different fine is specified in connection with a particular ordinance provision.
(B) Other remedies. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the city may apply to a court of competent jurisdiction as necessary to enforce, or enjoin a violation of this chapter.
(C) Continuing offense. Each act of violation and each day upon which any such violation shall occur, shall constitute a separate offense.
(D) Remedies not exclusive. In addition to any remedies provided for in this chapter, any equitable or other remedies available may be sought.
(E) Costs, damages, and expenses. The city shall also be authorized to request payment of costs, damages, and expenses as provided by law.
(F) Default on payment of fines and costs. A default in the payment of a civil fine, costs, or damages or expenses ordered under division (A) or (B) of this section or an installment of the fine, costs, or damages or expenses as allowed by the court, may be collected by the city by a means authorized for the enforcement of a judgment under Chapters 40 or 60 of the Revised Judicature Act, M.C.L.A. §§ 600.101, et seq., MSA 27A. 101, et seq., as amended.
(G) Failure to comply with judgment or order. If a defendant fails to comply with an enforcement order or judgment issued pursuant to this section within the time prescribed by the court, the city may proceed under division (I) of this section.
(H) Failure to appear in court. A defendant who fails to answer a citation or notice to appear in court for a violation of this chapter is guilty of a local ordinance misdemeanor, punishable by a fine of not more than $500, plus costs and/or imprisonment not to exceed 90 days.
(I) Civil contempt.
(1) If a defendant defaults in the payment of a civil fine, costs, or other damages or expenses, or installment as ordered by the district court, upon motion of the city or upon its own motion, the court may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, order to show cause, or bench warrant of arrest for the defendant’s appearance.
(2) If a corporation or an association is ordered to pay a civil fine, costs, or damages or expenses, the individuals authorized to make disbursements shall pay the fine, costs, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this subsection.
(3) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
(4) If it appears that the default in the payment of a civil fine, costs, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment or revoking the fine, costs, or damages or expenses.
(Ord. 580, passed 3-9-2009)