[HISTORY: Adopted by the Village Council of the Village of
Michiana 7-11-2015 by Ord. No.
2015-03. Amendments noted where applicable.]
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:
The personnel of the Village authorized by this chapter or
any other Village ordinance to issue municipal civil infraction citations
or municipal civil infraction violation notices. In addition to the
Village Building Inspector and any other designated Village personnel,
police officers are authorized to issue municipal civil infraction
citations or municipal civil infraction violation notices for violations
of Village ordinances.
The Village of Michiana Municipal Ordinance Violations Bureau,
as established by this chapter.
An act or omission that is prohibited by any Village ordinance,
but which is not a crime under the ordinance, and for which civil
sanctions, including, without limitation, fines, damages, expenses
and costs, may be ordered, as authorized by Chapter 87 of the Revised
Judicature Act of 1961 (MCLA § 600.8701 et seq.). A municipal
civil infraction is not a lesser included offense of a violation of
a Village ordinance that is a criminal offense.
A civil action in which the defendant 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 violation by the person
cited.
A written notice prepared by an authorized Village official
directing a person to appear at the Village 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 Village pursuant to
this chapter and as authorized by the Revised Judicature Act of 1961
(MCLA § 600.101 et seq.).
A municipal civil infraction action may be commenced upon the
issuance by an authorized Village official of a:
A municipal civil infraction citation shall be issued and served
by an authorized Village official as follows:
A.Â
The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
B.Â
The place for appearance specified in a citation shall be the District
Court.
C.Â
Each citation shall be numbered consecutively and shall be in a form
approved by the State Court Administrator.
D.Â
The first copy of the citation (the original citation) shall be filed
with the District Court. The second copy of the citation shall be
retained by the Village. The third copy and any duplicate copies,
as needed, shall be issued to the alleged violator.
E.Â
A citation for a municipal civil infraction signed by an authorized
Village official shall be treated as made under oath if the 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."
F.Â
An authorized Village official who witnesses a person commit a municipal
civil infraction shall prepare and subscribe, as soon and completely
as possible, an original and any required copies of a citation.
G.Â
An authorized Village official may issue a citation to a person if:
(1)Â
Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
(2)Â
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 Village Attorney approves in writing the
issuance of the citation.
H.Â
A municipal civil infraction citation shall be served by an authorized
Village official as follows:
(1)Â
Except as provided by Subsection H(2) of this section, an authorized Village official shall personally serve a copy of the citation upon the alleged violator.
(2)Â
If the municipal civil infraction action involves the use or occupancy
of land, 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.
A.Â
A municipal ordinance 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.Â
The citation shall inform the alleged violator that he may do one
of the following:
(1)Â
Admit responsibility for the municipal civil infraction by mail,
in person or by representation, at or by the time specified for appearance.
(2)Â
Admit responsibility for the municipal civil infraction, with explanation,
by mail, by the time specified for appearance or in person or by representation.
(3)Â
Deny responsibility for the municipal civil infraction by doing either
of the following:
(a)Â
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 Village; or
(b)Â
Appearing in court for a formal hearing before a judge with
the opportunity of being represented by an attorney.
C.Â
The citation shall also inform the alleged violator of all of the
following:
(1)Â
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)Â
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)Â
That a hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the Village.
(4)Â
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)Â
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.Â
The citation shall contain a notice in boldfaced 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.
A.Â
Bureau established. The Village established a Municipal Ordinance
Violations Bureau ("Bureau"), as authorized by the act, to accept
admissions of responsibility for municipal civil infractions in response
to municipal civil infraction violation notices issued and served
by authorized Village officials and to collect and retain civil fines
and costs as prescribed by this chapter or any other Village ordinance.
B.Â
Location; supervision; employees; rules and regulations. The Bureau
shall be located at the Village Hall, 4000 Cherokee Drive, Michiana,
Michigan, and shall be under the supervision and control of the Village
Clerk. The Village Clerk, subject to the approval of the Village Council,
shall adopt rules and regulations for the operation of the Bureau
and appoint any necessary qualified Village employees to administer
the Bureau.
C.Â
Schedule of civil fines. The schedule of civil fines payable to the
Bureau, as established by this chapter, shall be posted at the Bureau.
The schedule may provide that fines not paid within certain time periods,
or for repeated offenses, will be increased by the amounts as stated
in the schedule.
D.Â
Disposition of violations. The Bureau shall dispose only of municipal
civil infraction violations for which a fine has been scheduled and
for which a municipal civil infraction violation notice, as compared
with a citation, has been issued.
E.Â
Bureau limited to accepting admissions of responsibility. 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 who admits responsibility only with
explanation. 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. No person shall be required to dispose of a
municipal civil infraction violation at the Bureau and may have the
violations 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.
F.Â
Municipal civil infraction violation notices. Municipal civil infraction
violation notices shall be issued and served by authorized Village
officials under the same circumstances and upon the same persons as
provided by this chapter for the service of a municipal civil infraction
citation. In addition to any other information required by this chapter
or any other Village 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 open, the
amount of the fine scheduled or the alleged violation, and the consequences
for failure to appear and pay the required fine within the required
time.
G.Â
Appearance; payment of fines and costs. An alleged violator receiving
a municipal civil infraction notice shall appear at the Bureau and
pay the specified fines 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.
H.Â
Procedure where admission of responsibility not made or fine not
paid. If an authorized Village official issues and serves a municipal
ordinance violation notice, and if an admission of responsibility
is not made, and the civil fines 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 his last known address. The citation
filed with the Court does not need to comply in all particulars with
the requirements for citations as provided by Sections 8705 and 8709
of the Revised Judicature Act of 1961 (MCLA §§ 600.8705
and 600.8709), but shall consist of a sworn complaint containing the
allegations stated in the municipal ordinance violation notice and
shall fairly inform the alleged violator how to respond to the citation.
A.Â
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided by the ordinance violated,
or by the schedule of civil fines established by this chapter for
admissions of responsibility accepted at the Bureau in response to
a municipal civil infraction violation notice, plus any costs, damages,
expenses and other sanctions as authorized under Chapter 87 of the
Revised Judicature Act of 1961 (MCLA § 600.8701 et seq.),
and other applicable laws.
B.Â
Increased civil fines may be imposed for repeat offenses by a person
of any requirement or provision of any ordinance. As used in this
section, the term "repeat offense" means a second or any subsequent
admission or determination of responsibility for the same municipal
civil infraction made within the period as specified by ordinance.
C.Â
Each day on which any violation designated as a municipal civil infraction
continues constitutes a separate offense and shall be subject to sanctions
as a separate violation.
D.Â
In addition to any remedies available at law, the Village may bring
an action for an injunction or other process against a person to restrain,
prevent or abate any municipal civil infraction violation.
