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(a)
Violation; municipal civil infraction. Except as provided by Subsection (f) of this section, and notwithstanding any other provision of the Village of Stevensville's laws, ordinances, and regulations to the contrary, a person who violates any provision of this chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the authorized enforcement agency under this chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.
(b)
Repeat offenses; increased fines. Increased fines may be imposed
for repeat offenses.
(c)
Amount of fines. Subject to the minimum fine amounts specified in
Subsection (b)(2) of this section, the following factors shall be
considered by a court in determining the amount of a municipal civil
infraction fine following the issuance of a municipal civil infraction
citation for a violation of this chapter: the type, nature, severity,
frequency, duration, preventability, potential and actual effect,
and economic benefit to the violator (such as delayed or avoided costs
or competitive advantage) of a violation; the violator's recalcitrance
or efforts to comply; the economic impacts of the fine on the violator;
and such other matters as justice may require. A violator shall bear
the burden of demonstrating the presence and degree of any mitigating
factors to be considered in determining the amount of a fine. However,
mitigating factors shall not be considered unless it is determined
that the violator has made all good-faith efforts to correct and terminate
all violations.
(d)
Authorized local official. Notwithstanding any other provision of
the Village of Stevensville's laws, ordinances, and regulations
to the contrary, the following persons are designated as the authorized
local officials to issue municipal civil infraction citations (directing
alleged violators to appear in district court) and/or notices (directing
alleged violators to appear before the Village Council of the Village
of Stevensville, as applicable) for violations of this chapter (in
addition to any other persons so designated by the authorized enforcement
agency): the Village Attorney, the Village Manager or any police officer.
(e)
Other requirements and procedures. Except as otherwise provided by
this section, the requirements and procedures for commencing municipal
civil infraction actions; issuance and service of municipal civil
infraction citations; determination and collection of court-ordered
fines, costs and expenses; appearances and payment of fines and costs;
failure to answer, appear, or pay fines; disposition of fines, costs
and expenses paid; and other matters regarding municipal civil infractions
shall be as set forth in Act No. 236 of the Public Acts of 1961, as
amended.
(f)
Any person who: (1) at the time of a violation knew or should have
known that a pollutant or substance was discharged contrary to any
provision of this chapter, or contrary to any notice, order, permit,
decision or determination promulgated, issued or made by the authorized
enforcement agency under this chapter; or (2) intentionally makes
a false statement, representation, or certification in an application
for, or form pertaining to, a permit, or in a notice, report, or record
required by this chapter, or in any other correspondence or communication,
written or oral, with the authorized enforcement agency regarding
matters regulated by this chapter; or (3) intentionally falsifies,
tampers with, or renders inaccurate any sampling or monitoring device
or record required to be maintained by this chapter; or (4) commits
any other act that is punishable under state law by imprisonment for
more than 90 days, shall, upon conviction, be guilty of a misdemeanor
punishable by a fine of $500 per violation, per day, or imprisonment
for up to 90 days, or both, at the discretion of the court.
(g)
Any person who aids or abets another person in a violation of this
chapter shall be subject to the sanctions provided in this section.
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The authorized enforcement agency is authorized, after giving
reasonable notice and opportunity for compliance, to correct any violation
of this chapter or damage or impairment to the stormwater drainage
system caused by a discharge and to bill the person causing the violation
or discharge for the costs of the work to be reimbursed. The costs
reimbursable under this section shall be in addition to fees, amounts
or other costs and expenses required to be paid to the authorized
enforcement agency under other sections of this chapter.
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If emergency measures are necessary to respond to a nuisance;
to protect public safety, health, and welfare; and/or to prevent loss
of life, injury, or damage to property, the authorized enforcement
agency is authorized to carry out or arrange for all such emergency
measures. Property owners shall be responsible for the cost of such
measures made necessary as a result of a violation of this chapter
and shall promptly reimburse the Village of Stevensville for all of
such costs.
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(a)
Any person who discharges to a stormwater drainage system or a water
body, including, but not limited to, any person who causes or creates
a discharge that violates any provision of this chapter, produces
a deposit or obstruction or otherwise damages or impairs a stormwater
drainage system, or causes or contributes to a violation of any federal,
state, or local law governing the Village of Stevensville shall be
liable to and shall fully reimburse the Village of Stevensville for
all expenses, costs, losses or damages (direct or indirect) payable
or incurred by the Village of Stevensville as a result of any such
discharge, deposit, obstruction, damage, impairment, violation, exceedance
or noncompliance. The costs that must be reimbursed to the Village
of Stevensville shall include, but shall not be limited to, all of
the following:
(1)
All costs incurred by the Village of Stevensville in responding to
the violation or discharge, including expenses for any cleaning, repair
or replacement work, and the costs of sampling, monitoring, and treatment,
as a result of the discharge, violation, exceedance or noncompliance.
(2)
All costs to the Village of Stevensville of monitoring, surveillance,
and enforcement in connection with investigating, verifying, and prosecuting
any discharge, violation, exceedance, or noncompliance.
(3)
The full amount of any fines, assessments, penalties, and claims,
including natural resource damages, levied against the Village of
Stevensville, or any Village of Stevensville representative, by any
governmental agency or third party as a result of a violation of applicable
laws or regulations that is caused by or contributed to by any discharge,
violation, exceedance, or noncompliance.
(4)
The full value of any Village of Stevensville staff time (including
any required overtime), consultant and engineering fees, and actual
attorney fees and defense costs (including the Village of Stevensville
legal counsel and any special legal counsel), associated with responding
to, investigating, verifying, and prosecuting any discharge, violation,
exceedance or noncompliance or otherwise enforcing the requirements
of this chapter.
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(a)
Costs incurred by the Village of Stevensville pursuant to §§ 3-15, 3-16, 3-17 and 3-19(a) shall constitute a lien on the premises, which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time, or as otherwise authorized by law. Any such charges that are delinquent for six months or more may be certified annually to the Village of Stevensville Treasurer, who shall enter the lien on the next tax roll against the premises, the costs shall be collected, and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien for taxes. In addition to any other lawful enforcement methods, the Village of Stevensville shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended, and by other applicable laws.
(b)
The failure by any person to pay any amounts required to be reimbursed
to the Village of Stevensville as provided by this chapter shall constitute
an additional violation of this chapter.
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(a)
Suspension due to illicit discharges in emergency situations. The
authorized enforcement agency may, without prior notice, suspend access
to the stormwater drainage system to any person or premises when such
suspension is necessary to stop an actual or threatened discharge
that presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the stormwater
drainage system or a water body. If the person fails to comply with
a suspension order issued in an emergency, the authorized enforcement
agency may take such steps as deemed necessary to prevent or minimize
damage to the stormwater drainage system or the environment, or to
minimize danger to persons, and bill the person for the costs to the
Village of Stevensville in taking such steps.
(b)
Suspension due to the detection of illicit discharge. Any person
discharging to the stormwater drainage system in violation of this
chapter may have their access to the system terminated if the authorized
enforcement agency determines that such termination would abate or
reduce an illicit discharge. The authorized enforcement agency will
notify a violator of the proposed termination of its access. It shall
be unlawful for any person to reinstate access of the stormwater drainage
system to a premises terminated pursuant to this section without the
prior written approval of the authorized enforcement agency.
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(a)
Any person to whom any provision of this chapter has been applied
may appeal, in writing, to the Village Council of the Village of Stevensville,
not later than 30 days after the action or decision being appealed.
Such appeal shall identify the matter being appealed and the basis
for the appeal. The Village Council shall consider the appeal and
make a decision whereby it affirms, rejects, or modifies the action
being appealed. In considering any such appeal, the Village Council
may consider the recommendations of the authorized enforcement agency
and the comments of other persons having knowledge or expertise regarding
the matter. In considering any such appeal, the Village Council may
grant a temporary variance from the terms of this chapter so as to
provide relief, in whole or in part, from the action being appealed,
but only upon finding that the following requirements are satisfied:
(1)
The application of the chapter provisions being appealed will present
or cause unnecessary hardship for the person appealing; provided,
however, that unnecessary hardship shall not include the need for
a property owner to incur additional reasonable expenses in order
to comply with the chapter; and
(2)
The granting of the relief requested will not prevent accomplishment
of the goals and purposes of this chapter nor result in less-effective
management of stormwater runoff.
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With the approval of the Village of Stevensville, the authorized
enforcement agency may institute legal proceedings in a court of competent
jurisdiction to seek all appropriate relief for violations of this
chapter or of any permit, order, notice or agreement issued or entered
into under this chapter. The action may seek temporary or permanent
injunctive relief, damages, penalties, costs, and any other relief,
at law or equity, that a court may order. The authorized enforcement
agency may also seek collection of fines, penalties and any other
amounts due to the Village of Stevensville that a person has not paid.
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The imposition of a single penalty, fine, order, damage, or
surcharge upon any person for a violation of this chapter, or of any
permit, order, notice or agreement issued or entered into under this
chapter, shall not preclude the imposition by the Village of Stevensville,
the authorized enforcement agency, or a court of competent jurisdiction
of a combination of any or all of those sanctions and remedies or
additional sanctions and remedies with respect to the same violation,
consistent with applicable limitations on penalty amounts under state
or federal laws or regulations. A criminal citation and prosecution
of a criminal action against a person shall not be dependent upon
and need not be held in abeyance during any civil, judicial, or administrative
proceeding, conference, or hearing regarding the person.
