All persons are encouraged to cooperate with the Township to
ensure that the requirements of this chapter, rules promulgated pursuant
to this chapter, and stormwater construction approvals issued hereunder
are satisfied. Whenever possible, the Township shall attempt to enter
into voluntary agreements to resolve violations of this chapter, rules
promulgated pursuant to this chapter, and stormwater construction
approvals issued hereunder.
A.
If the Township believes that a violation of this chapter, a rule
promulgated pursuant to this chapter, or a stormwater construction
approval issued hereunder may have occurred or exists, the Township
shall make a prompt investigation. If, after this investigation, the
Township determines that a violation has occurred or exists, the Township
shall attempt to enter into a voluntary agreement to resolve or correct
the violation. An informal conference may be requested by the Township
or by any other person to facilitate a voluntary agreement.
B.
If a voluntary agreement cannot be reached, the Township shall take
appropriate enforcement action pursuant to this chapter and other
applicable provisions of law.
A.
If a voluntary agreement pursuant to § 233-22 cannot be reached, the Township shall issue written notice of a violation to the person or persons alleged to have caused or contributed to a violation of this chapter, a rule promulgated pursuant to this chapter, and/or an approval issued hereunder. A written notice of violation shall include a statement of facts upon which the violation is based.
B.
Within 14 days of the receipt of a written notice of violation, the
alleged violator shall submit to the Township an explanation of the
violation and a plan for correcting the violation to comply with this
chapter, rules promulgated pursuant to this chapter, and/or stormwater
construction approvals issued hereunder. Submission of this plan in
no way relieves the alleged violator of liability for any previous
violation not addressed by the plan or future violation.
C.
Within 14 days of the receipt of a written response to a notice of violation, the Township shall determine whether the response resolves and/or corrects the alleged violation. If the Township determines that the response resolves and/or corrects the violation, then the plan for correcting the violation shall be incorporated into a consent agreement pursuant to § 233-24.
A.
A consent agreement may be entered into at any time by and between
the Township and the person or persons alleged to have caused or contributed
to the violation. The consent agreement shall be mutually acceptable
to both the Township and the recipient(s) and shall reflect the recipient's
agreement to assume responsibility for and correct violations of this
chapter, rules promulgated pursuant to this chapter, and approvals
issued hereunder.
B.
The consent agreement shall contain a short statement of facts, describe
the actions necessary to correct the noncompliance, contain a compliance
schedule, and be signed by all parties. The agreement may contain
a monetary or other relief as agreed to by the parties for the noncompliance,
including without limitation, amounts necessary to compensate the
Township for costs and attorney fees incurred investigating, administering
and/or enforcing this chapter or rules promulgated hereto.
A.
If the Township determines that violation of this chapter, a rule promulgated pursuant to this chapter, or a stormwater construction approval issued hereunder has occurred or exists, the Township may issue an administrative compliance order pursuant to this § 233-25.
B.
Except as provided in § 233-26, the Township may issue an administrative compliance order in the following circumstances:
(1)
The Township determines that a person has violated a consent agreement
entered into with the Township; or
(2)
The Township determines that a person has violated or continues to violate this chapter, a rule promulgated pursuant to this chapter, or a stormwater construction approval issued hereunder, and the Township has attempted to resolve the violation pursuant to §§ 233-22 and 233-23, but no voluntary agreement or consent agreement has been entered into.
C.
The administrative compliance order shall contain a statement of
facts upon which the order is based, a description of the actions
that must be taken to correct the noncompliance, a compliance schedule,
and other requirements as might be reasonably necessary to address
the noncompliance. Administrative compliance orders also may contain
administrative fines and penalties and such other monetary relief
for the noncompliance, including, without limitation, amounts necessary
to compensate the Township for costs incurred investigating, administering,
and enforcing this chapter or rules promulgated hereto.
A.
The Township may issue an administrative order without attempting to resolve a violation by using the enforcement procedures described in §§ 233-22 and 233-23 if the Township finds that a violation of this chapter, a rule promulgated pursuant to this chapter, or a stormwater construction approval issued hereunder constitutes or causes, or will constitute or cause, a substantial injury to the public health, safety, welfare, or the environment, and it is prejudicial to the interests of the people of the Township to delay action.
B.
Administrative orders issued pursuant to this § 233-26 shall contain a statement of facts upon which the order is based, and notification to the person that it must immediately take action to discontinue, abate, correct, or otherwise address the imminent and substantial injury caused or likely to be caused by the noncompliance.
C.
Within seven days, the Township shall provide the person an opportunity
to be heard and to present any proof that the noncompliance does not
or will not constitute imminent and substantial injury to the public
health, safety, welfare or the environment.
D.
An order issued pursuant to this § 233-26 is effective on issuance and shall remain in effect for a period of not more than seven days, unless the Township brings an action to restrain the alleged noncompliance pursuant to § 233-28 or 233-29 before the expiration of that period. If the Township brings such an action within the seven-day period, the order issued by the Township shall remain in effect for an additional seven days or such other period as is authorized by the court in which the action is brought.
A.
Violation; municipal civil infraction. Except as provided by § 233-28, a person who violates any provision of this chapter or rules promulgated hereunder, including, without limitation, any notice, order, stormwater construction approval, agreement, decision, or determination promulgated, issued, made, or entered by the Township under this chapter or rules promulgated hereunder, is responsible for a municipal civil infraction, subject to payment of a civil fine of no less than $200 per violation per day and not more than $500 per violation per day for each infraction, plus costs and other sanctions.
B.
Repeat offenses; increased costs.
(1)
Increased costs may be imposed for repeat offenses as determined
by the court. As used in this section, "repeat offenses" means a second
(or any subsequent) municipal or civil infraction violation of the
same requirement or provision of this chapter or rule promulgated
hereunder that is committed by a person within any twelve-month period
and for which the person admits responsibility or is determined to
be responsible.
(2)
The increased cost for a repeat offense under this section shall
be determined by the court.
C.
Amount of fines.
(1)
Municipal civil infraction citations.
(a)
Subject to the minimum fine amounts specified in Subsection A, the following factors shall be considered in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter or rules promulgated pursuant to this chapter:
[1]
The type, nature, gravity, magnitude, severity, frequency, duration,
preventability, potential and actual effect, cause (including whether
negligent or intentional) and economic benefit to the violator (such
as delayed or avoided costs or competitive advantage) of the violation;
[2]
The violator's recalcitrance, cooperation or efforts to
comply;
[3]
The violator's compliance history (regardless of whether
prior enforcement proceedings were commenced);
[4]
The economic impacts of the fine on the violator; and
[5]
Such other factors as justice may require.
(b)
A violator shall bear the burden of demonstrating the presence
and degree of any mitigating factors to be considered in determining
the amount of a fine. However, mitigating factors shall not be considered
unless it is determined that the violator has made all good faith
efforts to correct and terminate all violations.
(2)
Municipal civil infraction notices; schedule of fines.
(a)
Notwithstanding any provision of this chapter to the contrary, the amount of a municipal civil infraction fine due in response to the issuance of a municipal civil infraction notice for a violation as provided by Subsection A shall be according to the following schedule:
(b)
For any fine not paid in full within 30 days of the time specified
for appearance in the municipal civil infraction violation notice,
the fine amount due shall automatically be double the amounts listed
immediately above.
D.
Authorized Township officials. The following persons are authorized
Township officials for purposes of issuing municipal civil infraction
citations (directing alleged violators to appear in district court)
or municipal civil infraction violation notices (directing alleged
violators to appear at the Wayne County Municipal Ordinance Violations
Bureau) for violations under this chapter: the Director of the Department
of Public Services; the Township Engineer, and their respective designees
and authorized representatives.
The Township, by and through the Township's Attorney, may
bring a civil action in the name of the Township to enforce the provisions
of this chapter and rules promulgated pursuant to this chapter. Nothing
in this chapter shall preclude the Township from instituting an action
for appropriate legal and/or equitable relief in Wayne County Circuit
Court to restrain, correct, or abate a violation of this chapter,
a rule or regulation promulgated pursuant to this chapter, or a stormwater
construction approval issued hereunder; or to stop an illegal act;
or to abate a nuisance; or to prevent pollution or flooding.
Any person who at the time of violation knew or should have
known that a violation of this chapter, or any notice, order, stormwater
construction approval, or decision or determination promulgated, issued
or made by the Township under this chapter; or intentionally makes
a false statement, representation, or certification in any application
for, or form pertaining to, a stormwater construction approval, or
any other correspondence or communication, written or oral, with the
Township regarding matters regulated by this chapter; or commits any
other act that is punishable under state law by imprisonment for more
than 90 days; shall, upon conviction, be guilty of a misdemeanor punishable
by a fine of $500 per violation, per day, or imprisonment for up to
90 days, or both in the discretion of the court.
Each act of violation, and each day or portion of a day that
a violation of this chapter, rules or regulations promulgated pursuant
to this chapter, stormwater construction approval, order, notice,
or determination issued, made or entered into under this chapter is
permitted to exist or occur constitutes a separate offense and shall
be punishable as provided by this chapter.
