Buildings erected, altered, raised, or converted (including
tents, mobile homes, and trailer coaches), or uses carried on in violation
of any provision of this chapter are hereby declared to be a nuisance
per se, and shall be subject to abatement or other action by a court
of competent jurisdiction.
Any act, attempt to act or failure to act upon demand by the
Township by a person, firm, corporation, or agent, or employee, contractor,
or subcontractor of same, in violation of any of the provisions of
this chapter or any of the regulations adopted in pursuance thereof,
or any attempt to impede or interfere with an enforcement official,
shall be a violation of this chapter.
[Amended 6-7-2018 by Ord.
No. 112-2018]
Every effort will be made by the Township to resolve any violation
prior to issuing a municipal civil infraction. Following are the steps
to be taken by the Ordinance Enforcement Official:
A. Identify potential violation and investigate.
(1)
Receives a complaint or makes an observation of a potential
violation.
(2)
Visit the site in an attempt to gather information about the
alleged infraction(s) without leaving the right-of-way or open field
(trespassing).
(3)
If more evidence is required, attempt to make direct contact
with the owner in an attempt to explain the nature of the infraction
and receive permission to gather more information from the property.
(4)
Keeps a record of each complaint made, and any correspondence,
written or received.
B. Issue a violation letter.
(1)
Send, via certified mail, a violation letter to the property
owner/tenant. The letter shall explain the violations and require
immediate abatement.
(2)
The violator shall be given 14 days to respond to the letter,
giving a plan for correction. If a reasonable plan for correction
is received, the Ordinance Enforcement Official shall give a time
frame of no more than 30 days for correction.
(3)
If no response for corrective action is received, and the violation
is not corrected within the 14 days, the Ordinance Enforcement Official
shall issue a municipal civil infraction citation, with the consent
of the Township Attorney.
C. Municipal civil infraction citation.
(1)
A municipal civil infraction citation is a formal complaint
filed in the Berrien County District Court by the Ordinance Enforcement
Official, directing the violator to appear in court.
(2)
The municipal civil infraction citation shall include the name/address
of the violator, violation, date, description of violation (listing
ordinances and section numbers), signed by the Ordinance Enforcement
Official.
(3)
One copy of the citation is filed with the Berrien County District
Court, a second is retained by the Ordinance Enforcement Official,
the third is personally served on the property of the violator, the
fourth is sent via certified mail.
(4)
The Ordinance Enforcement Official, and/or the defendant, may
request either an informal or formal hearing.
(5)
The Court shall assess all costs, including expenses, actual
attorney fees, and direct and indirect expenses which the Township
of Buchanan has incurred in connection with enforcement of this chapter.
The Township may collect these costs incurred by adding them to the
winter property tax bill.
The rights and remedies set forth above shall not preclude the
use of other remedies provided by law, including any additional rights
of the Township to initiate proceeding in an appropriate court of
law to restrain or prevent any noncompliance with any provisions of
this chapter, or to correct, remedy, or abate such noncompliance.
All remedies referenced in this chapter may be utilized by the Township
collectively, in the alternative or in any combination or order the
Township may decide.
Any failure or omission to enforce the provisions of this chapter,
and failure or omission to prosecute any violations of this chapter,
shall not constitute a waiver of any rights and remedies provided
by this chapter or by law, and shall not constitute a waiver or prevent
any further prosecution of violations of this chapter.
The Township shall keep accurate records of all decisions and
actions relative to identified violations and corresponding actions
and remedies.