[Adopted as Ch. 202 of the 1989 Codified Ordinances; amended
in its entirety 5-1-2002 by Ord. No. 407]
In the construction of the Code of the City of Rockwood, or
any provision thereof, the following rules and definitions shall control,
except those which are inconsistent with the manifest intent of Council
as disclosed in a particular provision, section or chapter:
A.
ADOPTING ORDINANCE
COUNCIL
COUNTY
KEEPER AND PROPRIETOR
LAND AND REAL ESTATE
LAW
MUNICIPALITY or CITY
OATH
ORDINANCE
OWNER
PERSON
PREMISES
PROPERTY
PUBLIC PLACE
PUBLISH
RESIDENCE
SIDEWALK
STATE
STREET, HIGHWAY AND ALLEY
TENANT AND OCCUPANT
Definitions.
The City Council of the City.
The County of Wayne, Michigan.
Persons, firms, associations, corporations, clubs and co-partnerships,
whether acting by themselves or as a servant, agent or employee.
Includes rights and easements of an incorporeal nature.
All applicable laws of the United States of America, the
State of Michigan and the City of Rockwood.
The City of Rockwood, Michigan.
Includes affirmation. When an oath is required or authorized
by law, an affirmation in lieu thereof may be taken by a person having
conscientious scruples about taking an oath. An affirmation shall
have the same force and effect as an oath.
Includes any ordinance of the municipality, including any
provision of the Code of the City of Rockwood.
When applied to property, includes a part owner, joint owner
or tenant in common of the whole or any part of such property.
Includes any individual, co-partnership, corporation, association,
club, joint venture, estate, trust and any other group or combination
acting as a unit, and the individuals constituting such group or unit.
When used as applicable to property, extends to and includes
land and buildings.
Includes real and personal property and any mixed and lesser
estates or interests therein. "Personal property" includes every kind
of property except real property; "real property" includes lands,
tenements and hereditaments.
Any place to or upon which the public resorts or travels,
whether such place is owned or controlled by the City or any agency
of the state or is a place to or upon which the public resorts or
travels by custom or by invitation, express or implied.
To print in a newspaper of general circulation in the municipality
the entire document or a brief summary thereof with a listing of places
where copies have been filed and times when they are available for
inspection.
An abode in which a person permanently resides.
That portion of a street between the curblines or lateral
lines and the right-of-way lines, which is intended for the use of
pedestrians.
The State of Michigan.
The entire width subject to an easement for public right-of-way,
or owned in fee by the City, county or state, of every way or place,
of whatever nature, whenever any part thereof is open to the use of
the public as a matter of right for purposes of public travel. The
word "alley" means any such way or place providing a secondary means
of ingress and egress from a property.
As applied to buildings or land, shall extend and be applied
to any person holding a written or oral lease of, or who occupies
the whole or any part of, a building or land, alone or with others.
B.
Interpretation.
(1)
Authority. Whenever in the Code of the City of Rockwood authority
is given to an officer or an act is required to be performed, such
authority may be exercised and such act may be performed, at the instance
of such officer, by a deputy or subordinate, unless contrary to law
or the clear intent of any such particular provision.
(2)
Calendar; computation of time. The terms "month" and "year" mean
the calendar month or year. The time expressed in days within which
an act is to be done or a period is to expire shall be computed by
excluding the first and including the last day, unless the last day
is a Sunday or a legal holiday, in which case it shall be excluded.
If time is expressed in hours, the whole of Sunday or a legal holiday
shall be excluded.
(3)
Conjunctions. "And" includes "or" and "or" includes "and," if the
sense so requires.
(4)
Gender. Words importing the masculine shall extend and be applied
to the feminine and neuter genders.
(5)
General rule. Except as otherwise provided in this section, words
and phrases shall be construed according to the common usage of the
language; provided, however, that technical words and phrases and
such others as may have acquired a special meaning in the law shall
be construed according to such technical or special meaning.
(6)
Joint authority. Words giving authority to a board, commission, authority
or to three or more officers or employees or other persons shall be
construed as giving authority to a majority thereof, unless otherwise
specifically provided.
(7)
Number. Words in the plural include the singular and words in the
singular include the plural number.
(8)
Reasonable time. In all cases where provision is made for an act
to be done or notice to be given within a reasonable time, it shall
be deemed to mean such time only as may be necessary for the prompt
performance of such act or the giving of such notice.
(9)
Responsibility. Whenever any act is prohibited by a provision of
the Code of the City of Rockwood or by any rule or regulation adopted
thereunder, such prohibition shall extend to and include the causing,
securing, aiding or abetting of another person to do such act.
(10)
Shall and may. "Shall" is mandatory; "may" is permissive.
(11)
Tenses. The use of any verb in the present tense includes the future.
(12)
Time. Whenever any time established in the Code of the City of Rockwood
for the taking of any action expires on a Sunday or a legal holiday,
such time shall not expire on such day but shall expire on the next
weekday.
A.
Notice
regarding sidewalk repairs, sewer or water connections, dangerous
structures, abating nuisances or any other act, the expense of which
if performed by the City may be assessed against the premises under
the provisions of the Code of the City of Rockwood, shall be served:
(1)
By delivering the notice to the owner personally or by leaving the
same at his or her residence, office or place of business with some
person of suitable age and discretion;
(2)
By mailing such notice by certified or registered mail to such owner
at his or her last known address; or
(3)
If the owner is unknown, by posting such notice in some conspicuous
place on the premises for at least five days before the act or action
concerning which the notice is given is required or is to occur.
B.
No
person shall interfere with, obstruct, mutilate, conceal or tear down
any official notice or placard posted by any City officer unless permission
is given by such officer to remove such notice or placard.
The Code of the City of Rockwood shall be amended by ordinance.
The title of each amendatory ordinance, adapted to the particular
circumstances and purposes of the amendment, shall be substantially
as follows:
(1)
To amend any section:
AN ORDINANCE TO AMEND SECTION _____________ (or SECTIONS ___________
AND ________________) OF THE CODE OF THE CITY OF ROCKWOOD.
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(2)
To insert a new section, chapter or Article:
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ROCKWOOD BY ADDING
A NEW SECTION (____________________ NEW SECTIONS, A NEW CHAPTER or
A NEW ARTICLE, as the case may be) WHICH NEW SECTION (SECTIONS, CHAPTER
or ARTICLE) SHALL BE DESIGNATED AS SECTION ____________ (SECTIONS
__________ AND _________), or CHAPTER __________, or ARTICLE _______________)
OF THE CODE OF THE CITY OF ROCKWOOD.
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(3)
To repeal a section, chapter or title:
AN ORDINANCE TO REPEAL SECTION ________ (SECTIONS ________ AND
________, or CHAPTER _____________, or ARTICLE __________) (as the
case may be) OF THE CODE OF THE CITY OF ROCKWOOD.
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Each copy of the Code of the City of Rockwood distributed to
an officer or employee of the City shall remain the property of the
City and shall be turned over by such officer or employee, upon expiration
of his or her term of office or employment with the City, to the City
Clerk for reassignment.
A.
General
penalty. Whenever, in the Code of the City of Rockwood, or in any
technical or other code adopted by reference in the Code of the City
of Rockwood, or in any rule, regulation or order promulgated or made
under authority of any provision of the Code of the City of Rockwood,
or under authority of any technical or other code adopted by reference
in the Code of the City of Rockwood, or under authority of state law,
an act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or whenever the doing of any act is required or
the failure to do any act is declared to be unlawful, where no specific
penalty is otherwise provided, whoever violates or fails to comply
with any such provision shall be fined not more than $500 or imprisoned
not more than 90 days, or both, for each offense. A separate offense
shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues, unless otherwise provided.
B.
Surcharges;
equitable remedies. The imposition of any penalty provided for in
this section shall be in addition to any surcharge levied for a violation
of or noncompliance with a provision of the Code of the City of Rockwood,
or a provision of a technical or other code adopted by reference in
the Code of the City of Rockwood, or a rule, regulation or order promulgated
or made under authority of either, or under authority of state law,
and shall be in addition to any equitable remedy provided by a provision
of the Code of the City of Rockwood, or a provision of a technical
or other code adopted by reference in the Code of the City of Rockwood,
or a rule, regulation or order promulgated or made under authority
of either, or under authority of state law, including the enforced
removal of prohibited conditions.
C.
Complicity.
Every person concerned in the commission of an offense under the Code
of the City of Rockwood, whether he or she directly commits the act
constituting the offense or procures, counsels, aids or abets in its
commission, may be prosecuted, indicted, tried and on conviction shall
be punished as if he or she had directly committed such offense.