A. Public
.
, altered, razed, or converted (including tents,
, and
coaches), or uses carried on in violation of any provision of this Ordinance are hereby declared to be a
per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.
B. Violation defined. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same, who fails to comply with any of the provisions of this Ordinance or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of this Ordinance by the Building Inspector or other
shall be deemed in violation of this Ordinance.
C. Penalties. Any violation of this Ordinance shall constitute a misdemeanor or municipal civil infraction, as determined within the township's discretion. Any person who is convicted of a misdemeanor under this section shall be subject to punishment by a fine not exceeding $500 or by imprisonment not exceeding 90 days for each offense, or both, at the discretion of the court. Each day a violation occurs or continues shall constitute a separate offense. If instead a municipal civil infraction is imposed, the penalty shall be a fine not to exceed $500. Upon notice of a violation, the appropriate township employee shall investigate any violation and then make a determination as to whether the penalty shall be imposed. The Township Supervisor or his/her designated agent is hereby authorized to write and serve municipal civil infraction tickets. This municipal civil infraction ticket shall serve as notice of the alleged violation. Proceedings for the municipal civil infraction shall proceed as provided in the Township Municipal Civil Infractions Ordinance. The imposition of a municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue. Further violations subject the owner or occupant, or person or persons, agent, firm or corporation to subsequent municipal civil infraction violations.
Furthermore, the owner or tenant of any
,
, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of the Ordinance may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator.
The imposition of any sentence shall not exempt the offense from compliance with the requirement of this Ordinance.
D. All violations shall be addressed by following the procedures outlined in the Township Municipal Civil Infractions Ordinance.
E. Authority to pursue court action. The
or its duly authorized representative is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the Circuit Court, or any other court having jurisdiction, to restrain or prevent any non-compliance with or violation of any of the provisions of this Ordinance, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suit or join the
in such a suit to abate the violation.
F. Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the
to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of this Ordinance, or to correct, remedy, or abate such non-compliance.
G. Rights and remedies preserved. Any failure or omission to enforce the provisions of this Ordinance, and failure or omission to prosecute any violations of this Ordinance, shall not constitute a waiver of any rights and remedies provided by this Ordinance or by law, and shall not constitute a waiver or nor prevent any further prosecution of violations of this Ordinance.
(Ord. passed 7-9-2013; Ord. 54, passed 6-11-2014)