[HISTORY: Adopted by the City Council of the City of Bridgman 6-15-2009 by Ord. No. 175. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, group of persons, partnership, corporation, limited-liability
company, limited partnership, or any other entity that engages in
commercial activity as a means of livelihood or profit or any other
activity involving the exchange of money for goods and/or services.
The City of Bridgman.
Includes the Building Inspector, Zoning Administrator, and
any member of the City of Bridgman Police Department.
The United States.
The State of Michigan.
It shall be unlawful for any person or business to conduct any
business or business-related activity within the City limits that
violates any local, state, or federal law, ordinance, rule, or regulation.
A.Â
It shall be the duty of a Code Enforcement Officer of the City of Bridgman or his or her designee to serve or cause to be served a violation notice upon the owner, lessee, tenant or occupant of any premises on which any violation of local, state, or federal law is found in accordance with § 162-2.
B.Â
In the event the owner, lessee, tenant or occupant having control or management of any lot, place or parcel of land, regardless of the zoning classification, has failed, refused or neglected to comply with the provisions of any local, state, or federal law in accordance with § 162-2, the Code Enforcement Officer and/or his or her authorized representatives are hereby empowered to enter upon such land or lots for the purpose of accomplishing abatement of the violation and eliminating the violation.
C.Â
The City, in its discretion, may also elect to initiate a civil action
in Berrien County Circuit Court to enjoin a person or business from
continued and repeated violations of this chapter.
Nothing in this chapter shall prevent the City from electing any remedy contained herein which the City deems fit to abate any violation of § 162-2 of this chapter.
Whenever a Code Enforcement Officer or his or her authorized
representatives shall enter upon any parcel of land in order to accomplish
abatement of an existing violation pursuant to the provisions of this
chapter, the City representative is hereby authorized and directed
to keep an accurate account of all expenses incurred; the City of
Bridgman is authorized to add to the actual costs of abatement a $100
administrative charge to cover the expenses of administering the work
performed, costs of notice, overhead and other contingent expenses.
In the event an action for injunctive relief is brought against a
person or business to enjoin a violation of the chapter, the violator
shall pay all of the City's reasonable attorney fees and costs
to bring said suit. The City Treasurer shall forward a statement of
the total charges assessed on each parcel of property to the owner
as shown by the last current assessment or tax roll and said assessment
shall be payable to the City Treasurer within 30 days from the date
statement was forwarded. If not paid within the prescribed thirty-day
period, such statement shall be filed with the City Assessor and shall
thereupon be assessed against the land in question and become a lien
on such property.
A person who violates any provisions of this chapter is responsible
for a municipal civil infraction, subject to the payment of a civil
fine of $100, plus costs and other sanctions. A subsequent or repeat
violation shall be subject to increased fines of $250 for the first
repeat violation and an increased fine of $500 for each subsequent
repeat violations, plus costs and sanctions. A repeat or subsequent
violation means a second or any reoccurring violation of this chapter
by the same person within a twelve-month period of the initial violation.
If any part or parts of this chapter are for any reason held
to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this
chapter.
