A.
City Planner Enforces Ordinance. In accordance with Section 125 of
the Michigan City and Village Zoning Act, Pub. Act 207 of 1921,[1] the City Planner shall be responsible for enforcing any
provision of this Ordinance:
1.
Through the issuance either of a municipal civil infraction violation
notice or of a municipal civil infraction citation; or
2.
Through the institution of appropriate legal action to prevent, restrain,
correct, enjoin or abate any violation of the provisions of this Ordinance;
or
3.
Through legal action to abate a public or private nuisance.
[1]
Editor's Note: See MCLA § 125.581 et seq. The City
and Village Zoning Act was repealed by PA 2006, No. 110, effective
7-1-2006. See now MCLA § 125.3701 et seq.
B.
On-Site Inspections Authorized. In any municipal civil infraction
action, or any action or proceeding in equity for the violation of
any provision of this Ordinance, the City Planner shall have the authority
to conduct an on-site inspection of the land where such violation
is alleged to have occurred.
A.
Violation Deemed a Public Nuisance. Any violation of this Ordinance
shall be deemed a public nuisance.
C.
Proceeding in Equity. The City of Kalamazoo may institute an appropriate
legal action or court proceeding to prevent, restrain, correct, or
abate any violation of the provisions of this Ordinance.
D.
Parking, Storage, Placing Vehicle on Land or Premises. In any municipal
civil infraction action, or any action or proceeding in equity for
the violation of any provision of this Ordinance that concerns the
parking, storing, or placing of a motor vehicle upon land or premises,
the registration plate attached to such motor vehicle shall constitute
prima facie evidence that the owner of such motor vehicle was the
person who parked, stored, or placed such motor vehicle upon the land
of the premises where such violation is alleged to have occurred.
E.
Permits and Approvals. In this chapter 10, any reference to a requirement of this Ordinance, or with any permit, approval, or authorization of a type referenced in this Ordinance, shall include, but shall not be limited to, any requirement, condition, or limitation contained in a site plan, Institutional Master Plan, PUD Plan or any other form of plan approved pursuant to this Ordinance.
F.
Types of Violations. Any of the following shall be a violation of
this Ordinance and shall be subject to the remedies and penalties
provided for in this Ordinance.
1.
Development without permit or approval. To engage in any development,
construction, remodeling, alteration, placement of signs, or other
activity of any nature upon land that is subject to this Ordinance
without all of the approvals required by this Ordinance.
2.
Development, use or sign inconsistent with permit or approval. To
engage in any development, use, construction, remodeling, or other
activity of any nature in any way inconsistent with the terms and
conditions of any permit, approved site plan, approval, certificate,
or other form of authorization required in order to engage in such
activity.
3.
Development, use or sign inconsistent with conditions. To violate,
by act or omission, any term, condition, or qualification placed upon
any permit, approval, or other form of authorization.
4.
Violating dimensional requirements. To reduce or diminish any lot
area so that the lot size, setbacks or open spaces shall be smaller
than prescribed by this Ordinance or to increase the height or bulk
of any building or structure in violation of the requirements of this
Ordinance.
5.
Increasing intensity or density of use. To increase the intensity
or density of use of any land or structure, except in accordance with
the procedural requirements and substantive standards of this Ordinance.
6.
Removing or defacing required notice. To remove, deface, obscure
or otherwise interfere with any notice required by this Ordinance.
7.
Failure to remove signs. To fail to remove any sign installed, created,
erected or maintained in violation of this Ordinance, or for which
the sign permit has lapsed.
8.
Obtaining permit or approval in a fraudulent manner. To obtain any
permit, approval, certificate, or other form of authorization required
by this Ordinance in a fraudulent manner.
9.
All other violations. To establish or operate other activities, structures
or land uses in violation of any specific provisions, or the general
purpose and intent of this Ordinance.
G.
Violations of Adult Regulated Use Regulations by Employee. Notwithstanding
anything to the contrary, for the purposes of this Ordinance, an act
by an employee shall be imputed to the adult regulated use for the
purpose of establishing a violation of this Ordinance only if an employee
or operator of the adult regulated use knowingly allowed a violation
of this Ordinance to occur. It shall be a defense to liability that
the employee or operator was powerless to prevent the violation.
H.
Continuing Violations. Each day that a violation remains uncorrected
after receiving notice of the violation from the City shall constitute
a separate violation of this Ordinance. The imposition of a fine or
penalty under this chapter shall not be construed to excuse or to
permit the continuation of any violation.
I.
Remedies Cumulative. The remedies and enforcement powers established
in this chapter shall be cumulative, and the City may exercise them
in any order.
A.
General. Any person, corporation, firm or partnership, or anyone
acting on behalf of any person, corporation, firm or partnership,
who admits responsibility or is found to be responsible through a
municipal civil infraction determination for violation of any provision
of this Ordinance shall be fined up to $500 for each day of the violation
pursuant to § 10.2H: Continuing Violations.
B.
Repeat Offenses. Each time a violation of this Ordinance occurs and a citation is issued by the City and resolved pursuant to this chapter 10, but the same violation occurs on the same property within six months after the prior citation, the amount of the daily fine for such violation shall double. For example, if a violation of this Ordinance occurs and is resolved, but a second citation is issued for the same offense on the same property within six months after the date of the first citation, the fine shall be $1,000 for each day of the violation. If the second violation is resolved, but a third citation is issued for the same offense on the same property within six months after the second citation, the fine shall be $2,000 per day of the violation.
C.
Civil Fines. In the case of a firm or a partnership, the civil fine
may be imposed upon the partners or members. In the case of a corporation,
the civil fine may be imposed upon the officers of the corporation.
D.
Lien. The City may impose a lien on property of any person, corporation,
firm or partnership, or other entity upon whom a municipal civil infraction
is imposed pursuant to the chapter to recover the amount of any unpaid
civil infraction.
E.
Additional Penalties for Violation of Adult Use Provisions. Any person,
business, or entity violating or refusing to comply with any provisions
of § 4.2B: Adult Regulated Uses, shall, upon conviction
in a court of competent jurisdiction, be deemed guilty of a misdemeanor
and shall be punished by imposition of a fine not to exceed $500 or
by imprisonment for a period not to exceed 90 days, or both. Any premises,
building, dwelling, or other structure in which an adult regulated
use is repeatedly operated or maintained in violation of the provisions
of this Ordinance shall constitute a public nuisance and shall be
subject to civil abatement proceedings initiated by the City in a
court of competent jurisdiction.
The City shall also have the following remedies and enforcement
powers:
A.
Withhold Permit.
1.
Uncorrected violation or condition or qualification of a permit,
approval, certificate, or other authorization. The City may deny or
withhold any and all permits, approvals, certificates, or other forms
of authorization from an applicant on any land or structure or improvements
when there is an uncorrected violation of a provision of this Ordinance
or of a condition or qualification of a permit, approval, certificate,
or other authorization previously granted by the City. This enforcement
provision shall apply regardless of whether the current owner or applicant
is responsible for the violation in question.
2.
Persons who own, develop or otherwise cause an unauthorized violation.
The City may deny or withhold all permits, approvals, certificates
or other forms of authorization on any land or structure or improvements
owned or being developed by a person who owns, developed, or otherwise
caused an uncorrected violation of a provision of this Ordinance or
of a condition or qualification of a permit, approval, certificate,
or other authorization previously granted by the City. This provision
shall apply regardless of whether the property for which the permit
or other approval is sought is the property in violation.
B.
Permits Approved with Conditions. In addition to withholding or denying
a permit or other authorization, the City may grant such permit or
other authorization subject to the condition that the violation be
corrected.
C.
Revoke Permits. Any development permit or other form of authorization
required under this Ordinance may be revoked pursuant to § 10.6:
Revocation, when the City determines that (1) there is departure from
the plans, specifications, or conditions as required under terms of
the permit; (2) that the development permit was procured by false
representation or was issued in error; or (3) that any of the provisions
of this Ordinance are being violated. Any permit or other authorization
revoked under this procedure shall become null and void.
D.
Stop Work. With or without revoking permits, the City may stop work
on any building or structure on any land on which there is an uncorrected
violation of a provision of this Ordinance or of a permit or other
form of authorization issued, in accordance with its power to stop
work under this Ordinance and the City building codes.
E.
Injunctive Relief. The City may seek an injunction or other equitable
relief in court to stop any violation of this Ordinance or of a permit,
approval, certificate or other form of authorization granted by this
chapter.
F.
Abatement. The City may seek a court order in the nature of mandamus,
abatement, injunction or other action or proceeding to abate or remove
a violation or to otherwise restore the premises in question to the
condition in which they existed prior to the violation.
G.
Other Remedies. The City shall have such other remedies as are and
as may be from time to time provided by Michigan law for the violation
of zoning, sign or related Ordinance provisions.
H.
Other Powers. In addition to the enforcement powers specified in
this chapter, the City may exercise any and all enforcement powers
granted by Michigan law.
I.
Continuation. Nothing in this Ordinance shall prohibit the continuation
of previous enforcement actions undertaken by any officer of the City
pursuant to previous and valid ordinances and laws.
A.
Nonemergency Matters. In the case of violations of this Ordinance
that do not constitute an emergency or require immediate attention,
the City shall give notice of the nature of the violation to the property
owner or to any other person who is party to the agreement or to any
applicant for any relevant permit in the manner hereafter stated,
after which the persons receiving notice shall have 10 days to correct
the violation before further enforcement action may be taken. Notice
shall be given by United States mail, or by posting notice on the
premises. Notices of violation shall state the nature of the violation
and the time period for compliance and may state the corrective steps
necessary and the nature of subsequent penalties and enforcement actions
should the situation not be corrected. The City shall keep a record
of all persons notified by mail.
B.
Emergency Matters. In the case of violations of this Ordinance that
constitute an emergency as a result of safety or public concerns or
violations that will create increased problems or costs if not remedied
immediately, the City may use the enforcement powers available under
this chapter without prior notice, but shall attempt to give notice
simultaneously with beginning enforcement action. Notice may be provided
to the property owner, to any other person who is party to the agreement
and to applicants for any relevant permit.
A.
Duties of City Planner. The revocation process shall be initiated
by the City Planner upon a determination that there are reasonable
grounds for revocation of the subject permit or development approval.
B.
Authority to Revoke. The decisionmaking body that approved the permit
or development approval shall be authorized to revoke the permit or
development approval.
C.
Notice of Revocation Hearing. Notice of a revocation hearing shall
be given in the same manner as required for the public hearing at
which approval was granted. If no notice was required for approval,
none shall be required for the revocation hearing, provided that notice
shall be mailed to the owner of the use or structure for which the
permit was granted at least 10 days prior to the hearing.
D.
Decision, and Notice of Decision.
1.
Hearing. At the hearing, the decisionmaking body shall hear testimony
of the City Planner, the owner of the use or structure for which the
permit or approval was granted, if present, and any other interested
persons.
2.
Required findings. The decisionmaking body shall revoke the permit
or approval upon making one or more of the following findings:
a)
Erroneous or misleading. The permit was issued on the basis
of erroneous or misleading information or misrepresentation;
b)
Violation of terms or conditions. The terms or conditions of
the approved site plan, permit or development approval have been violated
or that other laws or regulations have been violated; or
c)
Discontinuance. There has been a discontinuance of the exercise
of the entitlement granted by the permit or development approval for
180 consecutive days.
3.
Matter subject to public hearing. Within 10 working days of the conclusion
of the public hearing, the decisionmaking body shall render a decision,
and shall mail notice of the decision to the owner of the use or structure
for which the permit was revoked and to any other person who has filed
a written request for such notice.
4.
Matter not subject to public hearing. Within three working days of
a decision on a revocation matter that is not the subject of a public
hearing, the decisionmaking body shall mail notice of the decision
to the owner of the use or structure for which the permit was revoked
and to any other person who has filed a written request for such notice.
E.
When Effective. A decision to revoke a permit or development approval
shall become final immediately after the date of the decision. The
date on which the revocation of a permit or development approval shall
become effective shall be specified in the written decision and order
of the revocation hearing.
