This chapter shall be known and cited as the "Denton Township
Civil Infractions Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
ACT
The Revised Judicature Act of 1961, Act No. 236 of the Public
Acts of 1961, as amended.
AUTHORIZED TOWNSHIP OFFICIAL
The Township Supervisor, Township Code Enforcement Officer,
the Township Zoning Administrator, Building Official/Inspector of
the Houghton Lake Building Agency, a police officer, or other personnel
of the Township authorized by this chapter or any ordinance to issue
municipal civil infraction citations or municipal civil infraction
violation notices, including members of the Denton Township Police
Department.
BUREAU
The Denton Township Municipal Ordinance Violations Bureau
as established by this chapter.
HOUGHTON LAKE BUILDING AGENCY
The five-township joint enforcement agency authorizing joint
enforcement of the State Construction Code, Denton Township, in conjunction
with the Townships of Roscommon, Markey, Lake and Backus pursuant
to the Stille-DeRossett-Hale Single State Construction Code Act, Act
230 of 1972, MCLA § 125.1501 et seq., and the Urban Cooperation
Act of 1967, Act 7 of 1967, MCLA § 124.501 et seq.
MUNICIPAL CIVIL INFRACTION CITATION or CITATION
A written complaint or notice prepared by an authorized Township
office, directing a person to appear in court regarding the occurrence
or existence of a municipal civil infraction violation by the person
cited.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE
A written notice prepared by an authorized Township office,
directing a person to appear at the Denton Township 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 Township,
as authorized under Sections 8396 and 8707(6) of the Act.
TOWNSHIP
Denton Township, Roscommon County, Michigan.
A municipal civil infraction action may be commenced upon issuance
by an authorized Township office of:
A. A municipal civil infraction citation directing the alleged violator
to appear in District Court; or
B. A municipal civil infraction violation notice providing the alleged
violator with an option to appear at the Bureau.
Municipal civil infraction citations shall be issued and served
by authorized Township offices as follows:
A. The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
B. The place for appearance specified in a citation shall be the District
Court.
C. Each citation shall be numbered consecutively and shall be in a form
approved by the State Court Administrator. The original citation shall
be filed with the District Court. Copies of the citation shall be
retained by the Township and issued to the alleged violator as provided
by Section 8705 of the Act.
D. A citation for a municipal civil infraction signed by an authorized
Township office 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."
E. An authorized Township office who witnesses a person commit a municipal
civil infraction shall prepare and subscribe, as soon as possible
and as completely as possible, an original and required copies of
a citation.
F. An authorized Township office may issue a citation to a person if:
(1) Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
(2) Based upon investigation of a complaint by someone who allegedly
witnessed the person commit a municipal civil infraction, the authorized
Township office has reasonable cause to believe that the person is
responsible for an infraction and if the prosecuting attorney or Township
Attorney approves in writing the issuance of the citation.
G. Municipal civil infraction citations shall be served by an authorized
Township office as follows:
(1) Except as provided by Subsection
G(2), an authorized Township office shall personally serve a copy of the citation upon the alleged violator.
(2) 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 a copy on the land or attaching a copy to the building
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.
The sanction for a violation which is a municipal civil infraction
shall be a civil fine in the amount as provided by this chapter, a
resolution pursuant to the ordinance, or any ordinance, plus any costs,
damages, expenses (including attorney's fees) and other sanctions
as authorized under Chapter 87 of Act No. 236 of the Public Acts of
1961, as amended, and other applicable laws.
A. Fines for violation notices.
(1) Unless a different schedule of civil fines is provided for by an
applicable ordinance, the civil fines payable to the Bureau upon admissions
of responsibility by persons served with municipal ordinance violation
notices shall be determined pursuant to the following schedule:
(a)
First violation within three-year period [determined on the
basis of the date of violation(s)]: $50.
(b)
Second violation within three-year period [determined on the
basis of the date of violation(s)]: $125.
(c)
Third violation within three-year period [determined on the
basis of the date of violation(s)]: $250.
(d)
Fourth or subsequent violation within three-year period [determined
on the basis of the date of violation(s)]: $400.
(2) In addition to the above-prescribed civil fines, costs in the amount
of $10 shall be assessed by the Bureau if the fine and costs are paid
within 10 days of the date of service of the municipal ordinance violation
notice. Otherwise, costs of $20 shall be assessed by the Bureau.
B. Fines for violation citations.
(1) Unless a different schedule of civil fines is provided for by an
applicable ordinance, the civil fines payable upon a finding of responsibility
by persons served with municipal ordinance violation citations shall
be not more than $500, plus costs, damages, or expenses, which may
include all direct or indirect expenses, which the Township has incurred
in connection with the violation, including attorney's fees.
The Township Board may establish a schedule of fines of not more than
$500 for first or subsequent violations by resolution as it determines
advisable.
(2) In addition to the above-prescribed civil fines, court costs of not
less than $10 shall also be assessed.
C. In addition, any violation of this chapter is hereby declared to
be a public nuisance per se, which may be abated in Circuit Court
in lieu of or in addition to other civil sanctions.
The Bureau Clerk or other designated Township official/employee
shall retain a copy of all municipal ordinance violation notices,
and shall account to the Township Board once a month or at such other
intervals as the Township Board 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/costs
collected with respect to such violations. The civil fines/costs collected
shall be delivered to the Township Treasurer at such intervals as
the Treasurer shall require and shall be deposited in the general
fund of the Township.
Nothing in this chapter shall be deemed to require the Township
to initiate its municipal civil infraction ordinance enforcement activity
through the issuance of an ordinance violation notice. As to each
ordinance violation designated as a municipal civil infraction the
Township may, at its sole discretion, proceed directly with the issuance
of a municipal civil infraction citation or take such other enforcement
action as is authorized by law, including, without limitation, injunctive
relief or criminal enforcement.