(a) The following civil fines shall apply in the event of a determination of responsibility for a Municipal civil infraction, unless a different fine is specified in connection with a particular chapter provision:
(1) First offense. The civil fine for a first offense violation shall be in the amount of seventy-five dollars ($75.00), plus costs and other sanctions, for each offense.
(2) First repeat offense. The civil fine for any offense which is a first repeat offense shall be in the amount of one hundred fifty dollars ($150.00), plus costs and other sanctions, for each offense.
(3) Second (or any subsequent) repeat offense. The civil fine for any offense which is a second or subsequent repeat offense shall be in the amount of five hundred dollars ($500.00), plus costs and other sanctions, for each offense.
(b) 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 judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of, this chapter.
(c) Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.
(d) In addition to any remedies provided for in this chapter, any equitable or other remedies available may be sought.
(e) The judge or magistrate shall also be authorized to impose costs, damages and expenses as provided by law.
(f) A default in the payment of a civil fine, costs, damages or expenses ordered under subsection (a) or (b) hereof, or an installment of the fine, costs, damages or expenses as allowed by the court, may be collected by the Village of Wolverine Lake by a means authorized for the enforcement of a judgment under Chapter 40 or 60 of the Revised Judicature Act, being M.C.L.A. 600.101 et. seq., M.S.A. 27A.101 et. seq., as amended.
(g) If a defendant fails to comply with an order or judgment issued pursuant to this section within the time prescribed by the court, the court may proceed under subsection (i) hereof.
(h) A defendant who fails to answer a citation or notice to appear in court for a violation of this chapter is guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), plus costs and/or imprisonment not to exceed ninety days.
(i) (1) If a defendant defaults in the payment of a civil fine, costs, damages, expenses, or installment as ordered by the District Court, upon motion of the Village of Wolverine Lake or upon its own motion, the court may require the defendant to show cause why said 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, damages or expenses, the individuals authorized to make disbursements shall pay the fine, costs, 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, 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, damages or expenses.
(5) The term for imprisonment on civil contempt for nonpayment of a civil fine, costs, damages or expenses shall be specified in the order of commitment and shall not exceed one day for each thirty dollars ($30.00) due. A person committed for nonpayment of a civil fine, costs, damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of thirty dollars ($30.00) per day.
(6) A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs, damages or expenses shall not be discharged from custody until one of the following occurs:
A. The Defendant is credited with an amount due pursuant to paragraph (i)(5) hereof;
B. The amount due is collected through execution of process or otherwise; or
C. The amount due is satisfied pursuant to a combination of paragraphs (i)(6)A. and B. hereof.
(7) The civil contempt shall be purged upon discharge of the defendant pursuant to paragraph (i)(6) hereof.
(j) If a defendant does not pay a civil fine, costs or installments ordered under subsection (a) or (b) within thirty days after the date upon which the payment is due for a violation of this chapter involving the use or occupation of land, a building or other structure, the Village of Wolverine Lake may obtain a lien against the land, building or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the Register of Deeds for Oakland County. The court order shall not be recorded unless a legal description of the property is incorporated in or attached to the court order.
(1) The lien is effective immediately upon recording of the court order with the Register of Deeds.
(2) The court order recorded with the Register of Deeds shall constitute the pendency of the lien. In addition, a written notice of lien shall be sent by the Village of Wolverine Lake by first class mail to the owner of record of the land, building or structure at the owner's last known address.
(3) The lien may be enforced and discharged by Village of Wolverine Lake in the manner described by its Charter, by the General Property Tax Act, Act No. 206 of the Public Acts of 1893, being Sections 211.1, 211.157 of the Michigan Compiled Laws, or by an ordinance duly passed by the Village.
However, property is not subject to sale under Section 60 of Act 206 of the Public Acts of 1893, being Section 211.60 of the Michigan Compiled Laws, as amended, for nonpayment of a civil fine or costs or an installment ordered under subsection (a) or (b) hereof unless the property is also subject to sale under Act 206 of the Public Acts of 1893, as amended, for delinquent property taxes.
(4) A lien created under this section has priority over any other lien unless one or more of the following apply:
A. The other lien is a lien for taxes of special assessments.
B. The other lien is created before the effective date of the amended ordinance that added this section.
C. Federal law provides the other lien has priority.
D. The other lien is recorded before the lien under this section is recorded.
(5) The Village may institute an action in a court of competent jurisdiction for collection of the fines and costs imposed by a court order for a violation of this chapter. However, an attempt by the Village to collect the fines or costs does not invalidate or waive the lien upon the land, building or structure.
(6) A lien provided for by this subsection shall not continue for a period longer than five years after a copy of the court order imposing a fine or cost is recorded, unless within that time an action to enforce the lien is commenced.
(Ord. 135. Passed 5-10-00.)