[HISTORY: Adopted by the Village Council of the Village of
New Haven 1-13-2015 by Ord. No. 333. Amendments noted where applicable.]
This chapter shall be known and cited as the "Municipal Civil
Infractions Ordinance."
[Amended 7-10-2018 by Ord. No. 353]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any of the following personnel, which are hereby authorized
to issue municipal civil infraction violation notices and municipal
civil infraction citations:
The Village Municipal Ordinance Violations Bureau, as established
within this chapter.
All financial burdens incurred by the Village as necessary
to remedy a municipal civil infraction, total amounts of which are
owed to the Village by the violator, to be collected by the Municipal
Ordinance Violations Bureau.
A sum of money owed to the Village by the violator, issued
as a means to compensate the Village for services rendered toward
enforcing, researching, documenting, and processing a municipal civil
infraction violation, to be collected by the Municipal Ordinance Violations
Bureau.
A sum of money issued as a penalty for a municipal civil
infraction, owed to the Village by the violator, to be collected by
the Municipal Ordinance Violations Bureau.
Michigan Public Act 236 of 1961,[1] and Michigan Public Act 12 of 1994, as amended.
Any action or actions or lack thereof, which results in a
violation of an active Village ordinance.
A civil action in which a person is alleged to be responsible
for a municipal civil infraction.
A written complaint or notice prepared by an authorized Village
official, directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction.
A written complaint or notice prepared by an authorized Village
official, directing a person to appear at the Village Municipal Ordinance
Violations Bureau regarding the occurrence or existence of a municipal
civil infraction and to pay any and all fines, fees, and costs, if
any, prescribed for the violation by the schedule of civil fines,
fees and costs herein.
A civil infraction for which either a municipal civil infraction
violation notice or a municipal civil infraction citation has previously
been issued within the last year (or other such time frame specified
in an applicable ordinance which is alleged to be violated, whichever
the Village wills) and for which the same violator is being once again
issued either a municipal civil infraction violation notice or municipal
civil infraction citation. Each subsequent day during the applicable
time frame in which any such violation continues shall be deemed a
repeat offense.
Any individual person, organization, business or company,
or other entity determined to be guilty of a municipal civil infraction.
[1]
Editor's Note: See MCLA § 600.101 et seq.
All violations of active Village ordinances (previously passed,
or yet to be passed) shall be recognized to be municipal civil infractions
pursuant to Michigan Statute, and may be acted upon as such by the
Village in the manners prescribed herein.
A municipal civil infraction action may be commenced upon by
the Village, through the issuance of one or more of the following,
to be issued by an authorized Village official:
A.
Conditions. An authorized Village official may issue a municipal
civil infraction violation notice or a municipal civil infraction
citation to a person when:
C.
Posting. If the alleged violation involves the use, occupancy, or
maintenance of land, vehicle, building, or other structure, the municipal
civil infraction violation notice or municipal civil infraction citation
may be served by posting the notice or citation on the land, vehicle,
building, or structure in a clearly visible location, and by mailing
a copy by first-class mail to the owner of the land, vehicle, building,
or structure at the owner's last known address.
D.
Exception to personal service for citation after notice of violation.
If an authorized Village official issues and serves a municipal civil
infraction violation notice and if an admission of responsibility
is not made and all civil fines, fees, and costs are not paid within
the allotted time frame as declared on such municipal civil infraction
violation notice at the Municipal Ordinance Violations Bureau, a municipal
civil infraction citation may be filed with the court and a copy of
the citation may be served by first-class mail upon the alleged violator
at his or her last known address.
E.
Other enforcement options and remedies.
(1)
Due diligence to act. Nothing in this chapter shall be deemed to
require the Village to initiate a municipal civil infraction action
where such an infraction exists, though the Village should attempt
with due diligence to address all such infractions in an expedient
manner.
(2)
Remedy. The Village may additionally undertake any and all such actions
as needed to remedy the violation, as authorized by law, with all
costs associated with the remedy actions to be owed to the Village
by the violator and collected by the Municipal Ordinance Violations
Bureau (established herein) as costs, per the schedule of fines, fees,
and costs (established herein). Records of all such costs shall be
recorded by the Bureau Clerk or designated Village employee.
(3)
Property taxes and liens. Debts owed to the Village by means of fines,
fees, or as costs undertaken by the Village in relation to the enforcement
of this chapter which have accrued for an excess of one year's
time, may be levied upon violator's property taxes for property(ies)
held within the Village, to be classified as a special assessment,
and may ultimately lead to liens being issued against such property(ies)
as allowed by state law.
A.
Municipal civil infraction violation notice requirements. Municipal
civil infraction violation notices shall be issued and served by authorized
Village officials as provided in this chapter and by Michigan Statute.
A municipal civil infraction violation notice shall include all of
the following:
(1)
The name and address of the alleged violator;
(2)
The violation charged (ordinance number and brief description shall
suffice);
(3)
The time, date, and location of the alleged violation;
(4)
The time within which the person must respond to the Bureau for purposes
of admitting or denying responsibility for the violation;
(5)
A statement that the alleged violator may appear at the Bureau in
person or by mail;
(6)
The amount of the scheduled fines, fees, and costs for the violation;
(7)
The methods by which the violation may be admitted or denied;
(8)
The consequences of failing to admit responsibility without explanation
and pay the required fines, fees, and costs within the required time
frame;
(9)
The address and telephone number of the Bureau;
(10)
The days and hours that the Bureau is open.
B.
Denial of responsibility. Where a person fails to admit responsibility
(without explanation) for a violation within the jurisdiction of the
Bureau and pay the required civil fines, fees, and costs within the
designated time period, an authorized Village official may file a
municipal civil infraction citation for such violation with the district
court. The citation shall thereafter be processed in the manner required
by law.
Municipal civil infraction citations shall be issued and served
by authorized Village officials as provided in this chapter and by
Michigan Statute. A municipal civil infraction citation shall comply
with the following requirements:
A.
The citation shall be in a form approved by the State Court Administrator.
B.
Citations shall be numbered consecutively.
D.
The original shall constitute a complaint and notice to appear and
shall be filed with the district court, a copy of which shall be served
to the alleged violator, and at least one copy of which shall be kept
on record by the Bureau.
E.
The citation shall be signed by an authorized Village official and
as such shall be treated as made under oath.
F.
The citation shall specify the location of and contact information
for the district court and a time frame by which the violator shall
be required to contact the court in order to resolve the citation
either by admission of responsibility without explanation and payment-in-full
of fines, fees, and costs, or by scheduling a hearing in court (within
30 days) to plead an admission of responsibility with explanation
or denial of responsibility. A hearing shall be an informal hearing
(appearance in person before a judge or magistrate without the opportunity
of being represented by an attorney) unless a formal hearing (appearance
in person before a judge with the opportunity of being represented
by an attorney) is requested by the alleged violator or the municipality.
G.
A notice that the failure of the alleged violator to either resolve
the citation with the District Court within the time specified on
the citation or otherwise appear for their scheduled hearing with
the District Court is a misdemeanor and will result in entry of a
default judgment against the alleged violator for the municipal civil
infraction.
A.
Establishment. The Village of New Haven Municipal Ordinance Violations
Bureau (hereafter "Bureau") is hereby established pursuant to MCLA
§ 600.8396 of Michigan Statute, as it may be amended from
time to time, for the purpose of accepting admissions of responsibility
for ordinance violations designated as municipal civil infractions,
and to collect and retain civil fines, fees, and costs for such violations
as prescribed herein.
B.
Location. The Bureau shall be located at the Village Municipal Office,
at 57775 Main Street, New Haven, MI 48048, or whichever real property
or properties thereafter are declared to be the Village Municipal
Office and at which regular Village administrative activities take
place.
C.
Personnel. All personnel of the Bureau shall be Village employees.
The Village Council may by resolution designate a Bureau Clerk with
the duties and authorities prescribed herein and as otherwise may
be delegated by the Village Council.
D.
Operational procedure. The Village Council may adopt rules and regulations
for the operation of the Bureau through the passing of resolutions.
The Bureau shall only have authority to accept admissions of
responsibility (without explanation) for municipal civil infractions
for which a municipal civil infraction violation notice (as compared
to a citation) has been issued and served, and to collect and retain
the fines, fees, and costs for such violations as prescribed by the
schedule of civil fives, fees, and costs herein this chapter or future
amendment of this chapter. The Bureau shall not accept payment of
fines, fees, or costs from any person who denies having committed
the alleged violation or who admits responsibility only with explanation.
The Bureau shall not determine or attempt to determine the truth or
falsity of any fact or matter relating to an alleged ordinance violation.
[Amended 7-10-2018 by Ord. No. 353]
Unless a different schedule of civil fines/fees/costs is provided
for by a specific, applicable ordinance, upon admission of responsibility
without explanation for a civil infraction for which a civil infraction
violation notice was issued by an authorized Village official, the
Bureau Clerk or other designated Village employee shall collect and
record payments according to the following schedule:
B.
Fees.
(1)
Fees may also be issued in proportion to the hours required by Village
personnel to research, document, and process such municipal civil
infraction violation notices.
(a)
Fee rate shall be: $25 per hour (minimum of one hour).
(2)
If fees are assessed, documentation of all hours worked by the Bureau
Clerk or other duly appointed Village personnel on such matters shall
be recorded.
C.
Costs.
(1)
Costs incurred by the Village may be issued in addition to the fines
and fees listed above, pursuant to state law.
(a)
Costs shall be: as necessary to make whole the Village, as relates
to the remedying of the municipal civil infraction.
(2)
If costs are assessed, documentation of all expenses incurred by
the Village shall be recorded by the Bureau Clerk or other duly appointed
Village personnel.
D.
Amendment of the schedule. The Village Council may, at a later point
in time, by resolution, adopt changes to this schedule of civil fines,
fees, and costs.
The Bureau Clerk or other designated Village employee shall
retain a copy of all municipal civil infraction violation notices
and citations, and shall account to the Village Council once a month
or at such other intervals as the Village Council may require concerning
the number of admissions and denials of responsibility for ordinance
violations within the jurisdiction of the Bureau and the amount of
fines, fees, and costs collected with respect to such violations.
The civil fines, fees, and costs collected shall be delivered/paid
to the Village Treasurer or his/her designated representative, and
shall be deposited in the general fund of the Village.
An announcement of this chapter shall be published in "The Voice
News" as required by law following adoption by the Village Council
and shall become effective 20 days after publication.
