§ 92.99 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Section 92.01.

      (1)   The words MUNICIPAL CIVIL INFRACTION mean an act or omission that is prohibited by § 92.01 or any other ordinance of the village, but which is not a crime under § 92.01 or other ordinance, and for which civil sanctions, including, without limitation, fines, damages, expenses, and costs, may be ordered, as authorized by Public Act 236 of 1961, Ch. 87, being M.C.L.A. §§ 600.8701 et seq., as amended. A municipal civil infraction is not a lesser included offense of a violation of § 92.01 that is a criminal offense.

      (2)   Unless a violation of § 92.01 is specifically designated a misdemeanor, then the violation shall be a municipal civil infraction.

      (3)   The sanction for a municipal civil infraction violation shall be a civil fine in the amount as provided by § 92.01, plus costs, damages, expenses, equitable relief, and other sanctions, as authorized under Public Act 236 of 1961, Ch. 87, being M.C.L.A. §§ 600.8701 et seq., as amended, and other applicable law.

         (a)   Unless otherwise specifically provided for in § 92.01: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis.

         (b)   Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of § 92.01. 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 a six-month period (unless some other period is specifically provided by this section); and

            2.   For which the person admits responsibility or is determined to be responsible.

         (c)   Unless otherwise specifically provided by this section for a particular municipal civil infraction violation, the increase fine for a repeat offense shall be as follows.

            1.   The fine for any offense which is a first repeat offense: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis.

            2.   The fines for any offense which is a second repeat offense: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis.

      (4)   The person who shall receive the municipal civil infraction by the Building Official is the owner of the subject property and/or the builder performing the work in violation of § 92.01.

      (5)   A VIOLATION includes any act which is prohibited or made or declared to be unlawful or an offense by § 92.01, including any omission or failure to act where the act is required by § 92.01.

      (6)   In addition to any remedy 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 § 92.01.

      (7)   The Village Building Official shall have the authority to issue municipal civil infraction tickets pursuant to § 92.01, after an investigation and authorization by the Village Attorney, pursuant to M.C.L.A. § 600.8707(2).

   (C)   Section 92.02. Any person violating § 92.02 shall, upon conviction thereof, be punished by a fine: the fees and/or penalties charged in connection with this section shall be set by a resolution of the Village Council on an annual basis.

(Ord. 91, passed 9-13-1982; Ord. 94, passed 7-2-1984; Ord. 145, passed 8-4-1997)