[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-22-1986 by Ord. No. 49 (Ch. 14, Art. II, of the
2007 Code of Ordinances)]
The following persons, being public servants of the Township,
shall be authorized to issue and serve upon persons appearance tickets
with respect to alleged violations of ordinances and codes of the
Township in such cases as such public servants have reasonable cause
to believe that such persons have committed violations of an ordinance
or code of the Township:
As used in this article, the following terms shall have the
meanings indicated:
A complaint or written notice issued and subscribed by a public servant, authorized in § 52-1, directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a specified violation or violations of Township ordinance or code for which the maximum permissible penalty is provided in § 1-2.
[Adopted 6-23-1998 by Ord. No. 80 (Ch. 14, Art. III, of the
2007 Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A violation of a provision of a Township ordinance for which
the remedy and/or penalty is prescribed to be a civil fine, or other
sanction other than a criminal penalty. A municipal civil infraction
is not a lesser included offense of a criminal offense or of an ordinance
violation that is not a civil infraction.
A determination that a defendant is responsible for a municipal
civil infraction by one of the following:
An admission of responsibility for the municipal civil infraction.
An admission of responsibility for the municipal civil infraction,
with explanation.
A preponderance of the evidence at an informal hearing or formal
hearing.
A default judgment for failing to appear at a scheduled appearance.
A determination of responsibility for a second, or any subsequent,
municipal civil infraction with regard to the same ordinance, committed
by the same person within any three-year period, unless some other
period is specifically provided with regard to a specific ordinance
provision.
A determination entered by a court or Magistrate that a person
is in violation of a provision of a Township ordinance prescribed
to be a municipal civil infraction.
Any act which is prohibited or made or declared to be unlawful
or an offense under a Township ordinance, including affirmative acts
as well as omissions and/or failures to act where that act is required
by these ordinances.
A.
The Township board is hereby authorized to appoint by motion or resolution
any person as Ordinance Enforcement Officers for such term as may
be designated in the motion or resolution for the purposes of carrying
out the duties and responsibilities specified in this article for
officials charged with the enforcement of this article. The Board
may further, by motion or resolution, remove any person from such
office, at the discretion of the Board.
B.
An appointed Ordinance Enforcement Officer is authorized to enforce
all ordinances of this Township whether or not any particular provision
specifies or designates a different enforcing official. Where a particular
officer is designated in any ordinance provision, that officer's
authority shall continue in full force and effect, and shall not be
diminished or impaired by the terms of this article, and the authority
of the Ordinance Enforcement Officer shall be in addition and supplementary
to the authority granted to such other specific officer.
C.
The Ordinance Enforcement Officer's duties shall include the
following:
A municipal civil infraction action may be commenced upon the
issuance of a municipal civil infraction citation by an authorized
official of the Township directing the person alleged to be responsible
to appear in court.
The form of citations used to charge municipal civil infraction
violations shall be in accordance with state law (MCLA § 600.8709).
The basis for issuance of a municipal civil infraction citation
shall be as follows:
A.
An authorized official who witnesses a person violate an ordinance,
the violation of which is a municipal civil infraction, shall prepare
and subscribe, as soon as possible and as completely as possible,
an original and three copies of a citation.
B.
An authorized official may issue a citation to a person if, based
upon investigation, the official has reasonable cause to believe that
a person is responsible for a municipal civil infraction.
C.
An authorized official may issue a citation to a person if, based
upon investigation of a complaint by someone who allegedly witnessed
a person violate an ordinance, a violation of which is a municipal
civil infraction, the official has reasonable cause to believe that
the person is responsible for a municipal civil infraction and if
the attorney for the Township approves in writing the issuance of
the citation.
A.
Municipal civil infraction citations shall be served in the following
manner:
(1)
Except as otherwise provided below, the authorized official shall
personally serve a copy of the citation upon the alleged violator.
(2)
A municipal civil infraction action involving the use or occupancy
of land or a building or other structure, a copy of the citation need
not be personally served upon the alleged violator but may be served
upon an owner or occupant of the land, building or structure by posting
the copy on the land or attaching the copy to the building or structure.
In addition, a copy of the citation shall be sent by first-class mail
to the owner of the land, building or structure at the owner's
last known address.
