[HISTORY: Adopted by the Township Board of
the Township of Denton 4-4-2007 by Ord. No. 68; amended in its entirety 8-5-2020 by Ord. No. 080520#1. Subsequent amendments noted where applicable.]
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:
The Revised Judicature Act of 1961, Act No. 236 of the Public
Acts of 1961, as amended.[1]
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.
That person designated by the Houghton Lake Building Agency
to enforce the State Construction Code.
The Denton Township Municipal Ordinance Violations Bureau
as established by this chapter.
The 82nd District Court, Roscommon County, Michigan.
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.
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 Township
office, 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 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.[2]
Denton Township, Roscommon County, Michigan.
That person designated by the Township Board to enforce the
provisions of Township ordinances.
That person designated by the Township Board to enforce the
Township Zoning Ordinance.
A municipal civil infraction action may be commenced upon issuance
by an authorized Township office of:
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.[1]
[1]
Editor's Note: See MCLA § 600.8705.
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.
A.
A municipal civil infraction citation shall contain:
(1)
A description of the violation;
(2)
The amount of the scheduled fines and/or costs for the violation;
(3)
The name and address of the alleged violator;
(4)
The place where the alleged violator shall appear in court; and
(5)
The telephone number of the court, and the time at or by which the
appearance shall be made.
B.
The citation shall inform the alleged violator that he or she may
do one of the following:
(1)
Admit responsibility for the municipal civil infraction by mail,
in person, or by representation, at or by the time specified for appearance.
(2)
Admit responsibility for the municipal civil infraction "with explanation"
by mail by the time specified for appearance, or in person, or by
representation.
(3)
Deny responsibility for the municipal civil infraction by doing either
of the following:
(a)
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 the judge is requested.
(b)
Appearing in court for a formal hearing before a judge, with
the opportunity of being represented by an attorney.
C.
The citation shall also inform the alleged violator of all the following:
(1)
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)
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)
That a hearing shall be an informal hearing unless a formal hearing
is requested by the alleged violator or the Township.
(4)
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)
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.
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 citation.
A.
The Township hereby establishes a Municipal Ordinance Violations
Bureau as authorized under the Act to accept admissions of responsibility
for municipal civil infractions in response to municipal civil infraction
violation notices issued and served by authorized Township offices,
and to collect and retain civil fines and costs as prescribed by this
chapter and any related ordinance.
B.
The Bureau shall be located at the Denton Township Hall and shall
be under the direct supervision and control of the Township Treasurer.
The Township Treasurer, subject to the approval of the Township Board,
may adopt rules and regulations for the operation of the Bureau and
appoint the Township Clerk or any other necessary, qualified Township
employees to administer the Bureau.
C.
The Bureau may 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 to a citation) has been issued.
The fact that a fine has been scheduled for a particular violation
shall not entitle any person to dispose of the violation at the Bureau.
Nothing in this chapter shall prevent or restrict the Township from
issuing a municipal civil infraction citation for any violation or
from prosecuting any violation in a court of competent jurisdiction.
No person shall be required to dispose of a Municipal Civil Infraction
Violation at the Bureau, and instead may choose to have the violation
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.
D.
The scope of the Bureau's authority shall be limited to accepting
admissions of responsibility for municipal civil infractions arising
out of municipal civil infraction violation notices and collecting
and retaining civil fines and costs as a result of those admissions.
The Bureau shall not accept payment of a fee from any person who denies
having committed the offense or who admits responsibility only with
explanation, and in no event shall the Bureau determine, or attempt
to determine, the veracity of any fact or matter relating to an alleged
violation.
E.
Municipal civil infraction violation notices shall be issued and
served by authorized Township offices under the same circumstances
and upon the same persons as provided for citations as prescribed
in this chapter. In addition to any other information required by
this chapter, 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 for the alleged violation, and the consequences for
failure to appear and pay the required fine within the required time.
F.
An alleged violator receiving a municipal civil infraction violation
notice shall appear at the Bureau and pay the specified fine 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.
G.
If an authorized Township office issues and serves a Municipal Ordinance
Violation Notice, and if an admission of responsibility is not made
and the civil fine 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 the alleged violator's last known address. The citation
filed with the District Court does not need to comply in all particulars
with the requirements for citations as provided by this chapter 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.
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.
