[HISTORY: Adopted by the City Council of the City of Coldwater 1-14-2002 by Ord. No. 646; amended in its entirety 12-9-2013 by Ord. No. 775. Subsequent amendments noted where applicable.]
Pursuant to Section 8b(6) of the Stille-Derossett Hale Single State Construction Code Act, 1972 PA 230, MCLA § 125.1508b(6) (the "Act"), the City of Coldwater hereby elects to administer and enforce the Act and the Michigan Plumbing Code, Michigan Electrical Code, and Michigan Mechanical Codes promulgated thereunder. The City of Coldwater shall administer and enforce the respective provisions of the Michigan Residential, Rehabilitation, and Uniform Energy Codes and all related laws and ordinances. The City Manager shall appoint a government official registered in accordance with 1986 PA 54 to receive all fees, issue permits, plan reviews, notices, orders and certificates of use and occupancy. All personnel performing plan reviews and inspections shall be registered in accordance with 1986 PA 54.
The fee required to be paid to obtain any permit to engage in the construction or alteration of buildings or structures under the Act, and any of the Codes promulgated thereunder, for which a permit is required, shall be as follows:
Any person erecting, using, modifying, moving, demolishing, occupying or maintaining any building or structure in violation of this chapter, or causing, permitting or suffering any such violation to be committed, shall be responsible for a municipal civil infraction, subject to the penalties set forth below. In addition, any building or structure erected, used, modified, moved, demolished, occupied or maintained in violation of this chapter is hereby declared to be a nuisance per se. Upon application to a court of competent jurisdiction, the court may order the nuisance abated or the violation, or threatened violation, restrained or enjoined.
Fines. 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 ordinance:
First offense. The civil fine for a first offense violation shall be in an amount of $75, plus costs and other sanctions, for each offense.
Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of $150, plus costs and other sanctions for each offense.
Enforcement. The court shall be authorized to impose costs, damages and expenses as provided by law. 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 court shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation, of this section. A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.
Continuing offense. Each act of violation, and each day upon which any such violation shall occur, shall constitute a separate offense.
Remedies not exclusive. In addition to any remedies provided for by this section, any equitable or other remedies available may be sought.
All ordinances inconsistent with the provisions of this chapter are hereby repealed.