[Ord. No. 120,
§ 1, 4-17-2000]
This Ordinance shall be known and cited as the Chesterfield
Township Municipal Ordinance Violations Bureau Ordinance.
[Ord. No. 120,
§ 2, 4-17-2000]
This ordinance is adopted in accordance with and pursuant to
Act. 12, Public Acts of 1994 and Act 246, Public Acts of 1945, as
amended.
[Ord. No. 120,
§ 3, 4-17-2000]
(a)
Establishment. The township municipal ordinance violations bureau
("bureau") is hereby established pursuant to MCL 600.8396, as it may
be amended from time to time, for the purpose of accepting admissions
of responsibility for ordinance violations designated as municipal
civil infractions, and to collect and retain civil fines/costs for
such violations as prescribed herein.
(b)
Location. The bureau shall be located at the township treasurer's
office at the township hall located at 47275 Sugarbush, Chesterfield
Township, Michigan 48047.
(c)
Personnel. All personnel of the bureau shall be township employees.
The township board may, by resolution, designate a bureau clerk with
the duties prescribed herein and as otherwise may be delegated by
the township board.
[Ord. No. 120,
§ 4, 4-17-2000]
The bureau shall only have authority to accept admissions of
responsibility, without explanation, for municipal civil infractions
for which a municipal ordinance violations notice has been issued
and served, and to collect and retain the scheduled civil fines/costs
for such violations specified pursuant to this division or other applicable
ordinances. The bureau shall not accept payment of fines/costs from
any person who denies having committed the alleged violation or who
admits responsibility only with explanation. The bureau shall not
determine or attempt to determine the truth or falsity of any fact
or matter relating to an alleged ordinance violation.
[Ord. No. 120,
§ 5, 4-17-2000]
(a)
Ordinance violation notice requirements. Municipal civil infraction
violation notices shall be issued and served by authorized township
officials as appointed by resolution of the township board of trustees.
A municipal ordinance violation notice shall include, at a minimum,
all of the following:
(1)
The violation alleged to have occurred;
(2)
The date upon which the violation occurred;
(3)
The time within which the person must contact the bureau for purposes
of admitting or denying responsibility for the violation;
(4)
The amount of the scheduled fine/costs for the violation;
(5)
The methods by which the violation may be admitted or denied;
(6)
The consequences of failing to pay the required fines/costs or contact
the bureau within the required time frame;
(7)
The address and telephone number of the bureau; and
(8)
The days and hours that the bureau is open.
(b)
Denial of responsibility. Where a person fails to admit responsibility,
without explanation, for a violation within the jurisdiction of the
bureau and pay the required civil fines/costs with the designated
time period, the bureau clerk or other designated township employee(s)
shall advise the complainant to issue and file a municipal civil infraction
citation for such violation with the court having jurisdiction over
the matter. The citation filed with the court shall consist of a sworn
complaint containing, at a minimum, the allegations stated in the
municipal ordinance violation notice and shall fairly inform the alleged
violator how to respond to the citation. A copy of the citation may
be served by certified mail upon the alleged violator at the alleged
violator's last known address. The citation shall thereafter be processed
in the manner required by Michigan Statutory Law.
[Ord. No. 120,
§ 6, 4-17-2000]
Unless a different schedule of civil fines is provided for by
an applicable ordinance, the civil fines payable to the bureau upon
admission of responsibility by persons served with municipal ordinance
violation notices shall be determined pursuant to the following schedule:
|
1st violation
|
$50
|
|
2nd violation of same offense
|
$75
|
|
3rd violation of same offense
|
$100
|
|
4th or subsequent violation of same offense
|
$250
|
|
In addition to the above-prescribed civil fines, costs in the
amount of $20 shall be assessed by the bureau if the fine is not paid
within 10 days of the date of service of the municipal ordinance violation
notice.
|
[Ord. No. 120,
§ 7, 4-17-2000]
The bureau clerk or other designated township official/employee
shall retain a copy of all municipal ordinance violation notices,
and make a report available to the township board, quarterly concerning
the number of admissions and denials of responsibility for ordinance
violations within the jurisdiction of the bureau and the amount of
fines/costs collected with respect to such violations. The civil fines/costs
collected shall be delivered to the township treasurer and shall be
deposited in the general fund of the township.
[Ord. No. 120,
§ 8, 4-17-2000]
Nothing in this division shall be deemed to require the township
to initiate its municipal civil infraction ordinance enforcement activity
through the issuance of an ordinance violation notice. As to each
ordinance violation designated as a municipal civil infraction the
township may, at its sole discretion, proceed directly with the issuance
of a municipal civil infraction citation or take such other enforcement
action as is authorized by Michigan Statutory law.
