[Ord. No. 500,
passed 12-12-1994]
As used in this chapter:
(a)
ACT — Means Act 236 of the Public Acts of 1961, as amended.
(b)
AUTHORIZED CITY OFFICIAL — Means a police officer or other
personnel of the City authorized by these Codified Ordinances or any
ordinance to issue Municipal civil infraction citations or Municipal
civil infraction violation notices.
(c)
BUREAU — Means the City of Coldwater Municipal Ordinance Violations
Bureau, as established by this chapter.
(d)
MUNICIPAL CIVIL INFRACTION ACTION — Means a civil action in
which the defendant is alleged to be responsible for a Municipal civil
infraction.
(e)
MUNICIPAL CIVIL INFRACTION CITATION — Means a written complaint
or notice prepared by an authorized City official, directing a person
to appear in court regarding the occurrence or existence of a Municipal
civil infraction violation by the person cited.
(f)
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE — Means a written
notice prepared by an authorized City official, directing a person
to appear at the City of Coldwater 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 City, as authorized
under Sections 8396 and 8707(6) of the Act.
[Ord. No. 500,
passed 12-12-1994]
A Municipal civil infraction action may be commenced upon the
issuance by an authorized City official of a Municipal civil infraction
citation, directing the alleged violator to appear in court, or a
Municipal civil infraction violation notice, directing the alleged
violator to appear at the City of Coldwater Municipal Ordinance Violations
Bureau.
[Ord. No. 500,
passed 12-12-1994]
Municipal civil infraction citations shall be issued and served
by authorized City officials as follows:
(a)
The time for appearance specified in the citation shall be within
a reasonable time after the citation is issued.
(b)
The place for appearance specified in a citation shall be the 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 City and issued to the alleged violator as provided
in Section 8705 of the Act.
(d)
A citation for a Municipal civil infraction signed by an authorized
City official shall be treated as if made under oath if a 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 City 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 City 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 City Attorney approves in writing the issuance
of the citation.
(g)
Municipal civil infraction citations shall be served by an authorized
City official as follows:
(1)
Except as provided in paragraph (g)(2) hereof, an authorized
City official shall personally serve a copy of a citation upon the
alleged violator.
(2)
If the Municipal civil infraction action involves the use or
occupancy of land or 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.
[Ord. No. 500,
passed 12-12-1994]
(a)
A Municipal civil infraction 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 the
appearance.
(2)
Admit responsibility for the Municipal civil infraction "with
explanation" by mail, in person, or by representation, by the time
specified for the appearance.
(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 City.
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 City.
(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)
That the citation shall contain a notice in bold-face 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.
[Ord. No. 500,
passed 12-12-1994]
(a)
Establishment. The City hereby establishes a Municipal Ordinance
Violations Bureau (herein referred to as the Bureau), as authorized
under Section 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 City officials,
and to collect and retain civil fines and costs as prescribed by these
Codified Ordinances or any ordinance.
(b)
Location; supervision; employees; rules and regulations. The Bureau
shall be located at City Hall and shall be under the supervision and
control of the Finance Director. The Finance Director, subject to
the approval of Council, shall adopt rules and regulations for the
operation of the Bureau and appoint any necessary qualified City employees
to administer 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 certain Municipal civil infraction violation notice (as
compared with the 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. Nothing in this
chapter shall prevent or restrict the City 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, but 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)
Scope of authority. 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 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 City officials under the same circumstances and upon the same persons as provided for citations provided in Section 211.03(f) and (g). In addition to any other information required by these Codified Ordinances or any 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 opened, the amount of the fines 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 is not made or fine not
paid. If an authorized City 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 in Sections 8705 and
8709 of the Act, but shall consist of a sworn complaint contained
in the allegations stated in the Municipal ordinance violation notice
and shall fairly inform the alleged violator how to respond to the
citation.
[Ord. No. 500,
passed 12-12-1994]
(a)
A schedule of civil fines payable to the City of Coldwater Municipal
Ordinance Violations Bureau for admission of responsibility by the
person served with a Municipal ordinance violation notice is hereby
established. The fines for the violations listed below shall be as
follows:
(1)
Chapter 420, Public Ways.
|
420.01
|
Street surface damage by commercial and heavy vehicles
|
$500
|
|
Second offense
|
$250
| |
|
Third (or any subsequent) offense
|
$500
|
(2)
Chapter 430, Bicycles, Skateboards and Roller Skates.
|
430.02
|
Operation upon certain public ways; sails and towing prohibited
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.03
|
Registration of bicycles
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.04
|
Passing on sidewalks
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.05
|
Right of way of pedestrians; control; speed limit
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.06
|
Obedience to traffic signals and regulations
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.07
|
Passengers on bicycles; child seats
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.08
|
Riding abreast
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.09
|
Lamps and reflectors on bicycles
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
| |
|
430.10
|
Parking regulations in downtown business section
|
$5
|
|
Second offense
|
$10
| |
|
Third (or any subsequent) offense
|
$20
|
(3)
Chapter 610, Animals.
|
610.11
|
Noisy animals
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
|
(3A)
Chapter 660, Peace Disturbances and Disorderly Conduct.
|
660.04
|
Sound systems in motor vehicles
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$75
|
(4)
Chapter 670, Safety, Sanitation and Health.
|
670.01
|
Duty to keep sidewalks in repair and clean; obstructions
|
$10
|
|
Second offense
|
$20
| |
|
Third (or any subsequent) offense
|
$50
| |
|
670.02
|
Expectorating
|
$10
|
|
Second offense
|
$20
| |
|
Third (or any subsequent) offense
|
$50
|
(5)
Chapter 690, Vegetation.
|
690.03
|
Permit to cut, trim or prune
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.04
|
Harmful substances prohibited
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.05
|
Trees on private property
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.06
|
Removal of vegetation for public improvement
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.07
|
Guarding of trees
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.08
|
Permit to plant
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.09
|
Power to preserve or remove trees
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.10
|
Diseased or infected trees on private property
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.11
|
Grass plots
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.12
|
Noxious weeds
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
690.13
|
Interference with City Manager
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
|
(6)
Chapter 808, Bed and Breakfast Operations.
|
808.02
|
General requirements
|
$50
|
|
Second offense
|
$75
| |
|
Third (or any subsequent) offense
|
$100
| |
|
808.03
|
License required; fee
|
$50
|
|
Second offense
|
$75
| |
|
Third (or any subsequent) offense
|
$100
| |
|
808.04
|
Site plans; compliance with Zoning Code, etc.
|
$50
|
|
Second offense
|
$75
| |
|
Third (or any subsequent) offense
|
$100
| |
|
808.05
|
Floor plans; compliance with building requirements
|
$50
|
|
Second offense
|
$75
| |
|
Third (or any subsequent) offense
|
$100
|
(7)
Chapter 826, Garbage and Rubbish Collectors.
|
826.01
|
License required; types of licenses
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$100
|
(8)
Chapter 870, Transient Merchants and Temporary Businesses.
|
870.03
|
License required
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
870.04
|
Display of license
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
870.05
|
Application for license
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
870.08
|
License requirements for employees, agents, consignees or unincorporated
firms or associations
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
870.09
|
Charitable and nonprofit organizations
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
870.12
|
Activities on public property; sound devices
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
870.13
|
Fixed location transient merchants
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(9)
Chapter 1020, Streets, Utilities and Public Services Code.
|
1020.01
|
Permit required
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1020.02
|
Bond required; application for permit
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1020.03
|
Regulations for openings, excavations and obstructions
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(10)
Chapter 1022, Sidewalks, Driveways, Curbs and Gutters.
|
1022.02
|
Compliance required
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.05
|
Permit required for sidewalk construction; fee
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.06
|
Sidewalk builder's license required; fee
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.07
|
Bonds
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.09
|
Materials used
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.17
|
Permit required for construction of driveways, curbs and gutters
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.18
|
Driveway approaches, width and location
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.19
|
Construction of driveway approaches
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1022.21
|
Vacant parcels or revision of existing Driveway openings in
curbs
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(11)
Chapter 1060, Garbage and Rubbish Collection and Disposal.
|
1060.02
|
Disposal of refuse and garbage
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1060.03
|
Disposal of industrial waste
|
$500
|
|
Second offense
|
$1,000
| |
|
Third (or any subsequent) offense
|
$2,500
| |
|
1060.04
|
Storage and repair of motor vehicles
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1060.05
|
Deposits on public grounds
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1060.08
|
Abatement of nuisance by City
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1060.09 (b), (d) and (e)
|
Solid waste recycling program
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(12)
Chapter 1064, Municipal Park Lands.
|
1064.01
|
Rules and regulations
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1064.02
|
Issuance of permits
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(12A)
Chapter 1428, Michigan Building Code.
|
1428.99
|
2000 edition, Section 105.7
|
$25
| |
|
Second offense
|
$50
| ||
|
Third (or any subsequent offense)
|
$100
| ||
|
2000 edition, Section 114
|
$500 to $2,000
| ||
|
2000 edition, Section 100.1
| |||
|
(Single-family residence)
|
$100 to $500
| ||
|
(Multi-family residence)
|
$500 to $2,500
| ||
|
1428.99
|
2000 edition, any other section
|
$100
| |
|
Second offense
|
$300
| ||
|
Third (or any subsequent offense)
|
$500
| ||
(13)
Chapter 1460, Signs.
|
1460.02
|
Types of signs permitted; temporary political signs; compliance
with Zoning Code; sign supports in rights of way
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
1460.03
|
Permits for erection of signs; fees
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
1460.04
|
Licenses for sign erectors; bonds or insurance
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
1460.06
|
General construction requirements
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
| |
|
1460.07
|
Cloth and banner signs; pennants
|
$25
|
|
Second offense
|
$50
| |
|
Third (or any subsequent) offense
|
$100
|
(14)
Chapter 1462, Soil Erosion.
|
1462.04
|
Compliance required for plan and plat approval
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.05
|
Compliance required for occupancy
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.06
|
Grading, stripping, excavating, etc; permit required; fees
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.07
|
Bond or other surety required
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.08
|
Extension of time for completion of work
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.09
|
Failure to complete work
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.11
|
Modification of approved plans
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.12
|
Responsibilities of permittee
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.13
|
General requirements
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.14
|
Maintenance requirements
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.15
|
Minimum design standards
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1462.16
|
Variances and exceptions
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(15)
Chapter 1480, BOCA National Property Maintenance Code.
|
1480.01
|
1993 edition adopted
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1480.06
|
Extermination and infestation control
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1480.07
|
Insulation and weatherization
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(16)
Chapter 1482, Rental Housing Code.
|
1482.03
|
Registration
|
$100
|
|
Second offense
|
$300
| |
|
Third (or any subsequent) offense
|
$500
| |
|
1482.04
|
Transfer of ownership of noncomplying rental units
|
$100
|
|
Second offense
|
$300
| |
|
Third (or any subsequent) offense
|
$500
| |
|
1482.07
|
Fees
|
$100
|
|
Second offense
|
$300
| |
|
Third (or any subsequent) offense
|
$500
| |
|
1482.08
|
Inspections
|
$100
|
|
Second offense
|
$300
| |
|
Third (or any subsequent) offense
|
$500
|
(17)
Chapter 1620, Open Burning.
|
1620.02
|
Open fires
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1620.03
|
Burning of leaves
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1620.04
|
Incinerators
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1620.05
|
Bonfires and campfires
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
| |
|
1620.06
|
Burning of household waste matter
|
$50
|
|
Second offense
|
$100
| |
|
Third (or any subsequent) offense
|
$250
|
(b)
A copy of this schedule, as amended from time to time, shall be posted
at the Bureau.
