[Adopted 10-3-2005 by Ord. No. 285 (Ch. 74, Art. VI, of the
2000 Code of Ordinances)]
The Village Council has determined that it is in the best interests
of the citizens of the Village to provide for the recovery of costs
associated with an emergency response and the expenses for prosecution
of certain offenses by or on behalf of the Village, as permitted by
Act 372 of the Public Acts of 2000, as amended, MCLA § 769.1f
et seq.
Nothing contained herein shall prohibit or restrict the Ottawa County Circuit Court, the Ottawa County District Court, or the Ottawa County Juvenile Court from imposing the costs of prosecution as part of a sentence following conviction of any of the offenses listed in §
152-2A, as authorized by MCLA § 769.1f(1); provided, however, that neither the Village nor the county shall be fully reimbursed more than once for the expenses incurred in the prosecution of an offense.
The costs of prosecution for the offenses listed in §
152-2A shall be determined and recovered in the following manner.
A. Charge against person. The expenses incurred by the Village as a result of a prosecution for an offense set forth in §
152-2A shall be charged to the person liable for the expenses under the terms of this article. The charge constitutes a debt of that person and is collectible by the Village in the same manner as in the case of an obligation under a contract, expressed or implied.
B. Cost recovery schedule. The Village Council may, by resolution, adopt a schedule of costs specifying the expenses associated with a prosecution of an offense set forth in §
152-2A, or may recover actual costs. Any schedule adopted pursuant to this section shall be available to the public from the Village Clerk/Treasurer or his/her designee. The schedule adopted by the Village Council may be a flat fee based on a study of the average of costs sustained in making a prosecution for the listed offense.
C. Billing. The Village Clerk/Treasurer, or his/her designee, may, within
10 days of receiving itemized costs, or any part thereof, incurred
for a prosecution and conviction, submit a bill for the costs by first-class
mail or personal service to the person liable for the expenses as
enumerated under this article. The bill(s) shall require full payment
in 30 days from the date of mailing or personal service.
D. Failure to pay; procedure to recover costs. Any failure by the person described in this article as liable for the expense of a prosecution for an offense listed in §
152-2A, to pay the bill within 30 days of service shall be considered a default. In case of default, the Village may commence a civil suit to recover the expenses and any costs allowed by law, or may contract with a collection agency to recover said expenses and costs in the name of the Village.
Nothing in this article shall be construed to conflict, contravene,
enlarge or reduce any criminal liability or responsibility, including
fines imposed by a court for any criminal offense under Michigan law.
If recovery of the costs of prosecution are required as part of a
criminal sentence, the Village Clerk/Treasurer shall work with the
relevant court to coordinate recovery of the cost of prosecution.