[Adopted 10-12-1998 by Ord. No. 250]
As used in this article, the following terms
shall have the meanings indicated:
Act No. 236 of the Public Acts of 1961, as amended.
A police officer or other personnel of the Township authorized
by this Code or any ordinance to issue municipal civil infraction
citations or municipal civil infraction violation notices or appearance
tickets.
The Township of Grosse Ile Municipal Ordinance Violations
Bureau as established by this article. This Bureau will be the Township
Treasurer's office.
A civil action in which the defendant is alleged to be responsible
for a municipal civil infraction.
A written complaint or notice prepared by an authorized Township
official, directing a person to appear in district court regarding
the occurrence or existence of a municipal civil infraction violation
by the person cited.
A written notice prepared by an authorized Township official,
directing a person to appear at the Township of Grosse Ile Municipal
Ordinance Violations Bureau and to pay the fine and costs, if any,
prescribed for the violation by the schedule of civil fines adopted
by the Township, as authorized under §§ 8396 and 8707(6)
of the Act.
A municipal civil infraction action may be commenced
upon the issuance by an authorized Township official of:
Municipal civil infraction citations shall be
issued and served by authorized Township officials as follows:
A.
The time for appearance specified in a citation shall
be within a reasonable time after the citation is issued.
B.
The place for appearance specified in a citation shall
be the 33rd District Court.
C.
Each citation shall be numbered consecutively and
shall be in a form approved by the state court administrator. The
original citation shall be filed with the district court. Copies of
the citation shall be retained by the Township and issued to the alleged
violator as provided by § 8705 of the Act.
D.
A citation for a municipal civil infraction signed
by an authorized Township official shall be treated as made under
oath if the violation alleged in the citation occurred in the presence
of the official signing the complaint and if the citation contains
the following statement immediately above the date and signature of
the official: "I declare under the penalties of perjury that the statements
above are true to the best of my information, knowledge, and belief."
E.
An authorized Township official who witnesses a person
commit a municipal civil infraction shall prepare and subscribe, as
soon as possible and as completely as possible, an original and required
copies of a citation.
F.
An authorized Township official may issue a citation
to a person if:
(1)
Based upon investigation, the official has reasonable
cause to believe that the person is responsible for a municipal civil
infraction; or
(2)
Based upon investigation of a complaint by someone
who allegedly witnessed the person commit a municipal civil infraction,
the official has reasonable cause to believe that the person is responsible
for an infraction and if the Township attorney approves in writing
the issuance of the citation.
G.
Municipal civil infraction citations shall be served
by an authorized Township official as follows:
(1)
Except as provided by Subsection G(2), an authorized Township official shall personally serve a copy of the citation upon the alleged violator.
(2)
If the municipal civil infraction action involves
the use or occupancy of land, a building or other structure, a copy
of the citation does not need to 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.
A.
A municipal ordinance citation shall contain the name
and address of the alleged violator, the municipal civil infraction
alleged, the place where the alleged violator shall appear in court,
the telephone number of the court, and the time at or by which the
appearance shall be made.
B.
Further, the citation shall inform the alleged violator
that he or she may do one of the following:
(1)
Admit responsibility for the municipal civil infraction
by mail, in person, or by representation, at or by the time specified
for appearance.
(2)
Admit responsibility for the municipal civil infraction
"with explanation" by mail by the time specified for appearance, or
in person or by representation.
(3)
Deny responsibility for the municipal civil infraction
by doing either of the following:
(a)
Appearing in person for an informal hearing before
a Judge or District Court Magistrate, without the opportunity of being
represented by an attorney, unless a formal hearing before a Judge
is requested by the Township.
(b)
Appearing in court for a formal hearing before a Judge,
with the opportunity of being represented by an attorney.
C.
The citation shall also inform the alleged violator
of all of the following:
(1)
That if the alleged violator desires to admit responsibility
"with explanation" in person or by representation, the alleged violator
must apply to the court in person, by mail, by telephone, or by representation
within the time specified for appearance and obtain a scheduled date
and time for an appearance.
(2)
That if the alleged violator desires to deny responsibility,
the alleged violator must apply to the court in person, by mail, by
telephone, or by representation within the time specified for appearance
and obtain a scheduled date and time to appear for a hearing, unless
a hearing date is specified on the citation.
(3)
That a hearing shall be an informal hearing unless
a formal hearing is requested by the alleged violator or the Township.
(4)
That at an informal hearing the alleged violator must
appear in person before a Judge or District Court Magistrate, without
the opportunity of being represented by an attorney.
(5)
That at a formal hearing the alleged violator must
appear in person before a Judge with the opportunity of being represented
by an attorney.
D.
The citation shall contain a notice in boldfaced type
that the failure of the alleged violator to appear within the time
specified in the citation or at the time scheduled for a hearing or
appearance is a misdemeanor and will result in entry of a default
judgment against the alleged violator on the municipal civil infraction.
A.
Bureau established. The Township hereby establishes
a Municipal Ordinance Violations Bureau ("Bureau") as authorized under
§ 8396 of the Act to accept admissions of responsibility
for municipal civil infractions in response to municipal civil infraction
violation notices issued and served by authorized Township officials,
and to collect and retain civil fines and costs as prescribed by this
Code or any ordinance or resolution.
B.
Location; supervision; employees; rules and regulations.
The Bureau shall be located at Township Hall, and shall be under the
supervision and control of the Township Treasurer. The Township Treasurer,
subject to the approval of the Township Board of Trustees, shall adopt
rules and regulations for the operation of the Bureau.
C.
Disposition of violations. The Bureau may dispose
only of municipal civil infraction violations for which a fine has
been scheduled and for which a municipal civil infraction violation
notice (as compared with a citation) has been issued. The fact that
a fine has been scheduled for a particular violation shall not entitle
any person to dispose of the violation at the Bureau if a citation
was issued. Nothing in this article shall prevent or restrict the
Township from issuing a municipal civil infraction citation for any
violation or from prosecuting any violation in a court of competent
jurisdiction. No person shall be required to dispose of a municipal
civil infraction violation at the Bureau and may have the violation
processed before a court of appropriate jurisdiction. The unwillingness
of any person to dispose of any violation at the Bureau shall not
prejudice the person or in any way diminish the person's rights, privileges
and protection accorded by law.
D.
Bureau limited to accepting admissions of responsibility.
The scope of the Bureau's authority shall be limited to accepting
admissions of responsibility for municipal civil infractions and collecting
and retaining civil fines and costs as a result of those admissions.
The Bureau shall not accept payment of a fine from any person who
denies having committed the offense or who admits responsibility only
with explanation, and in no event shall the Bureau determine, or attempt
to determine, the truth or falsity of any fact or matter relating
to an alleged violation.
E.
Municipal civil infraction violation notices. Municipal civil infraction violation notices shall be issued and served by authorized Township officials under the same circumstances and upon the same persons as provided for citations as provided in § 1-7F and G of this article. In addition to any other information required by this Code or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
F.
Appearance; payment of fines and costs. An alleged
violator receiving a municipal civil infraction violation notice shall
appear at the Bureau and pay the specified fine and costs at or by
the time specified for appearance in the municipal civil infraction
violation notice. An appearance may be made by mail, in person, or
by representation.
G.
Procedure where admission of responsibility not made
or fine not paid. If an authorized Township official issues and serves
a municipal ordinance violation notice and if an admission of responsibility
is not made and the civil fine and costs, if any, prescribed by the
schedule of fines for the violation are not paid at the Bureau, a
municipal civil infraction citation may be filed with the district
court and a copy of the citation may be served by first class mail
upon the alleged violator at the alleged violator's last known address.
The citation filed with the court does not need to comply in all particulars
with the requirements for citations as provided by §§ 8705
and 8709 of the Act, but shall consist of a sworn complaint containing
the allegations stated in the municipal ordinance violation notice
and shall fairly inform the alleged violator how to respond to the
citation.
A schedule of civil fines payable to the Bureau
for admissions or responsibility by persons served with municipal
ordinance violation notices may be adopted by resolution by the Township
Board of Trustees.[1]
[1]
Editor's Note: The current schedule of civil
fines is on file in the Township offices.
The following officials of Grosse Ile Township
are hereby authorized to issue and serve appearance tickets as authorized
under 1968 Public Act 147, as amended (MCL § 764.9c) and
to issue and serve municipal ordinance violation notices and municipal
civil infraction citations as authorized under 1994 Public Act 12,
as it may from time to time be amended (MCL § 600.8701 et
seq.) when said persons are assigned as part of their employment duties
to conduct an investigation or to enforce the ordinance in question:
A.
A first violation of any of the following listed ordinances
shall constitute a municipal civil infraction:
(6)
Chapter 40, Article II, entitled "Building, Mechanical and Plumbing Codes," except for Section 118.2 entitled "Unlawful continuance." The provisions of the Property Maintenance Code and One- and Two-Family Dwelling Code also adopted by Chapter 40, Article I, are now converted to a municipal civil infraction.
B.
If any person commits a second offense, or subsequent
violation of the same ordinance listed above, such a violation constitutes
a misdemeanor punishable by a fine not exceeding $500 and/or imprisonment
not exceeding 90 days, provided the authorized Township official issues
an appearance ticket (and not a municipal civil infraction citation
or notice) and marks it as a misdemeanor. However, nothing herein
requires the authorized Township official to charge a repeat offense
of the same ordinance by the same individual as a misdemeanor. Each
day that the violation occurs shall constitute a separate violation.
A defendant who is found responsible for an
ordinance violation designated as a municipal civil infraction whether
by admission or by court determination is subject to all of the following
fines and costs:
A.
A civil fine not less than $25 and not more than $500;
and
B.
The Judge or Magistrate shall summarily tax and determine
the costs of the action (which are not limited to the costs taxable
in ordinary civil actions) and may include all expenses, direct and
indirect, to which the Township has been put in connection with the
municipal civil infraction, up to the entry of judgment. Expenses
include but are not limited to the time of the authorized Township
official; the time of the Township Attorney; witness and mileage fees;
and postage. Costs may not be less than $9 or more than $500. Costs
shall be payable to the Township general fund except as otherwise
provided by law.
C.
In addition to ordering the defendant to pay a civil
fine, costs, damages and expenses, the Judge or Magistrate may issue
a writ or order as permitted by MCL § 600.8302.
D.
The District Court Judge may establish a schedule
of civil fines and costs to be imposed for municipal civil infractions.
The schedule need not include all municipal civil infractions and
may exclude a case on the basis of a defendant's prior record of municipal
civil infractions.
E.
A default in the payment of a civil fine, costs, or
damages or expenses ordered under this article, or an installment
of the fine, costs or damages or expenses, may be collected by a means
authorized for the enforcement of a judgment under MCL § 600.4001
et seq., or MCL § 600.6001 et seq.
F.
In any citation involving land, buildings or property,
the District Court Judge may issue and enforce any judgment, writ,
or order necessary to enforce the ordinance. The District Court Judge
may enter an order that if the defendant does not comply with the
ordinance requirements, judgment, writ, or order, the Township employees
or their agents are authorized to enter onto the land, building, or
property involved for the purpose of enforcing the ordinance requirements,
judgment, writ or order. The defendant shall be responsible to reimburse
the Township for all its costs incurred in enforcement as provided
by this section.
G.
If the defendant in a municipal civil infraction is
determined responsible for a municipal civil infraction, the district
court, in addition to any fine and cost imposed under this article,
may assess additional costs incurred in compelling the appearance
of the defendant, which additional costs shall be returned to the
general fund of the Township of Grosse Ile.
A.
If a defendant defaults in the payment of a civil
fine, costs, or, if applicable, damages or expenses, or any installment,
as ordered, the court, upon the motion of the plaintiff or upon its
own motion, may require the defendant to show cause why the defendant
should not be held in civil contempt and may issue a summons, order
to show cause, or a bench warrant of arrest for the defendant's appearance.
B.
If a corporation or an association is ordered to pay
a civil fine, costs, or damages or expenses, the individuals authorized
to make disbursement shall pay the fine, costs, or damages or expenses,
and their failure to do so shall be civil contempt unless they make
the showing required in this section.
C.
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.
D.
If it appears that the default in the payment of a
fine, costs, or 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, or damages or expenses.
E.
The term of imprisonment on civil contempt for nonpayment
of a civil fine, costs, or damages or expenses shall be specified
in the order of commitment, and shall not exceed one day for each
$30 due. A person committed for nonpayment of a civil fine, costs,
or 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 $30 per day.
F.
A defendant committed to imprisonment for civil contempt
for nonpayment of a civil fine, costs, or damages or expenses shall
not be discharged from custody until one of the following occurs:
A.
If a defendant does not pay a civil fine or costs
or an installment ordered within 30 days after the date on which payment
is due in a municipal civil infraction action brought for a violation
involving the use or occupation of land or a building or other structure,
the Township 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 the county
in which the land, building or structure is located. The court order
shall not be recorded unless a legal description of the property is
incorporated in or attached to the court order. The lien is effective
immediately upon recording of the court order with the Register of
Deeds.
B.
The court order recorded with the Register of Deeds
shall constitute notice of the pendency of the lien. In addition,
a written notice of the lien shall be sent by the Township by first-class
mail to the owner of record of the land, building, or structure at
the owner's last known address.
C.
The lien may be enforced and discharged by the Township
in the manner prescribed by state law, by the general property tax
act, Act No. 206 of the Public Acts of 1893, being §§ 211.1
to 211.157 of the Michigan Compiled Laws, or by an ordinance duly
passed by the governing body of the Township. However, property is
not subject to sale under § 60 of Act No. 206 of the Public
Acts of 1893, being § 211.60 of the Michigan Compiled Laws,
for nonpayment of a civil fine or costs or an installment ordered
under § 8727 unless the property is also subject to sale
under § 60 of Act No. 206 of the Public Acts of 1893 for
delinquent property taxes.
D.
A lien created under this section has priority over
any other lien unless one or more of the following apply:
(1)
The other lien is a lien for taxes or special assessments.
(2)
The other lien is created before the effective date
of the amendatory act that added this section.
(3)
Federal law provides that the other lien has priority.
(4)
The other lien is recorded before the lien under this
section is recorded.
E.
The Township of Grosse Ile may institute an action
in a court of competent jurisdiction for the collection of the fines
and costs imposed by a court order for a municipal civil infraction.
However, an attempt by the Township to collect the fines or costs
by any process does not invalidate or waive the lien upon the land,
building, or structure.
F.
A lien provided for by this section shall not continue
for a period longer than five years after a copy of the court order
imposing a fine or costs is recorded, unless within that time an action
to enforce the lien is commenced.
