Township of Grosse Ile, MI
Wayne County
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Table of Contents
Table of Contents
[Adopted 10-12-1998 by Ord. No. 250]
As used in this article, the following terms shall have the meanings indicated:
ACT
Act No. 236 of the Public Acts of 1961, as amended.
AUTHORIZED TOWNSHIP OFFICIAL
A police officer or other personnel of the Township authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices or appearance tickets.
BUREAU
The Township of Grosse Ile Municipal Ordinance Violations Bureau as established by this article. This Bureau will be the Township Treasurer's office.
MUNICIPAL CIVIL INFRACTION ACTION
A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION
A written complaint or notice prepared by an authorized Township official, directing a person to appear in district 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 official, directing a person to appear at the Township of Grosse Ile 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 §§ 8396 and 8707(6) of the Act.
A municipal civil infraction action may be commenced upon the issuance by an authorized Township official of:
A. 
A municipal civil infraction citation directing the alleged violator to appear in court; or
B. 
A municipal civil infraction violation notice directing the alleged violator to appear at the Township of Grosse Ile Municipal Ordinance Violations Bureau.
Municipal civil infraction citations shall be issued and served by authorized Township officials 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 33rd 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 § 8705 of the Act.
D. 
A citation for a municipal civil infraction signed by an authorized Township official 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 official 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 official 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 official has reasonable cause to believe that the person is responsible for an infraction and if the Township attorney approves in writing the issuance of the citation.
G. 
Municipal civil infraction citations shall be served by an authorized Township official as follows:
(1) 
Except as provided by Subsection G(2), an authorized Township official 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 the copy on the land or attaching the copy to the building or 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 ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
B. 
Further, 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 a Judge is requested by the Township.
(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 of 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.
A. 
Bureau established. The Township hereby establishes a Municipal Ordinance Violations Bureau ("Bureau") as authorized under § 8396 of 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 officials, and to collect and retain civil fines and costs as prescribed by this Code or any ordinance or resolution.
B. 
Location; supervision; employees; rules and regulations. The Bureau shall be located at Township Hall, and shall be under the supervision and control of the Township Treasurer. The Township Treasurer, subject to the approval of the Township Board of Trustees, shall adopt rules and regulations for the operation of the Bureau.
C. 
Disposition of violations. 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 with 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 if a citation was issued. Nothing in this article 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 may 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. 
Bureau limited to accepting admissions of responsibility. The scope of the Bureau's authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine 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 truth or falsity of any fact or matter relating to an alleged violation.
E. 
Municipal civil infraction violation notices. Municipal civil infraction violation notices shall be issued and served by authorized Township officials under the same circumstances and upon the same persons as provided for citations as provided in § 1-7F and G of this article. In addition to any other information required by this Code or other ordinance, 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. 
Appearance; payment of fines and costs. 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. 
Procedure where admission of responsibility not made or fine not paid. If an authorized Township official 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 court does not need to comply in all particulars with the requirements for citations as provided by §§ 8705 and 8709 of the Act, 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.
A schedule of civil fines payable to the Bureau for admissions or responsibility by persons served with municipal ordinance violation notices may be adopted by resolution by the Township Board of Trustees.[1]
[1]
Editor's Note: The current schedule of civil fines is on file in the Township offices.
The following officials of Grosse Ile Township are hereby authorized to issue and serve appearance tickets as authorized under 1968 Public Act 147, as amended (MCL § 764.9c) and to issue and serve municipal ordinance violation notices and municipal civil infraction citations as authorized under 1994 Public Act 12, as it may from time to time be amended (MCL § 600.8701 et seq.) when said persons are assigned as part of their employment duties to conduct an investigation or to enforce the ordinance in question:
A. 
Police officer.
B. 
Zoning Officer.
C. 
Zoning Inspector.
D. 
Building Inspector.
E. 
Building Official.
F. 
Animal Control Officer.
G. 
Director of Public Works.
H. 
Ordinance Officer.
I. 
Fire Marshal/Fire Inspector.
J. 
Code Enforcement Officer.
[Added 7-22-2002]
A. 
A first violation of any of the following listed ordinances shall constitute a municipal civil infraction:
(1) 
Chapter 8, entitled "Alarm Systems."
(2) 
Chapter 16, entitled "Amusements," and Chapter 59, entitled "Certificates of Occupancy."
(3) 
All of Chapter 20, entitled "Animals," except for § 20-5 entitled "Keeping vicious animals."
(4) 
Chapter 29 entitled "Auction of Abandoned Property."
(5) 
Chapter 34, entitled "Bicycles."
(6) 
Chapter 40, Article II, entitled "Building, Mechanical and Plumbing Codes," except for Section 118.2 entitled "Unlawful continuance." The provisions of the Property Maintenance Code and One- and Two-Family Dwelling Code also adopted by Chapter 40, Article I, are now converted to a municipal civil infraction.
(7) 
Chapter 40, Article III, entitled "Electrical Code."[1]
[1]
Editor's Note: Original Section 8U, regarding the Refrigeration and Heating Code, which followed this subsection was deleted 7-22-2002.
(8) 
Chapter 44, entitled "Buildings, Dangerous."
(9) 
Chapter 49, entitled "Buildings, Numbering of."
(10) 
Chapter 53, entitled "Burning, Outdoor."
(11) 
Chapter 71, entitled "Condominium Projects."
(12) 
Section 80-8, entitled "Abandoned refrigerators."
(13) 
Section 80-12, entitled "Fireworks."
(14) 
Section 80-16, entitled "Spitting in public places."
(15) 
Section 80-19, entitled "Malicious use of service provided by communications common carrier."
(16) 
Chapter 103, entitled "Fences and Walls."
(17) 
Chapter 110, Article I, entitled "BOCA National Fire Prevention Code."
[Added 12-14-1998 by Ord. No. 252]
(18) 
Chapter 110, Article II, entitled "Life Safety Code."
[Added 12-14-1998 by Ord. No. 252]
(19) 
Chapter 110, Article III, entitled "National Fire Code."
[Added 12-14-1998 by Ord. No. 252]
(20) 
Chapter 113, entitled "Fishing and Recreational Activities."
(21) 
Chapter 116, entitled "Flood Control."
(22) 
Chapter 124, entitled "Grading."
(23) 
Chapter 130, entitled "Horses."
(24) 
All of Chapter 146, entitled "Littering."
(25) 
Chapter 155, Article I, entitled "Curfew."
(26) 
Section 155-10, entitled "Purchase or possession of smoking device products or tobacco products by underaged persons."
(27) 
Chapter 167, entitled "Nuisances."
(28) 
Chapter 170, entitled "Observation Deck."
(29) 
Chapter 183, entitled "Parking Violations Bureau."
(30) 
Chapter 185, entitled "Peddling and Soliciting."
(31) 
Chapter 197, entitled "Public Works."
(32) 
Chapter 205, entitled "Roads and Driveways."
(33) 
Chapter 209, entitled "Sewage Disposal Systems," and Chapter 210, entitled "Sewer Use."
(34) 
Chapter 220, entitled "Smoke Detectors."
(35) 
Chapter 226, Article I, entitled "Construction Site Debris."
(36) 
Chapter 226, Article II, entitled "Garbage and Refuse."
(37) 
Chapter 238, entitled "Subdivision Control."
(38) 
Chapter 241, entitled "Swimming Pools."
(39) 
Chapter 258, Article I, entitled "Essential Services."
(40) 
Chapter 258, Article II, entitled "Public Right-of-Way."
[Added 4-7-2001 by Ord. No. 298]
(41) 
Chapter 268, Article I, entitled "Watering Ban."
(42) 
Chapter 268, Article II, entitled "Water Service Lien."
(43) 
Chapter 271, entitled "Water District."
(44) 
Chapter 275, entitled "Wetlands and Drainageways."
(45) 
Chapter 278, Winter Emergencies.
[Added 7-22-2002]
(46) 
Chapter 285, Zoning.
(47) 
Chapter A293, entitled "Cable Television Franchise."
B. 
If any person commits a second offense, or subsequent violation of the same ordinance listed above, such a violation constitutes a misdemeanor punishable by a fine not exceeding $500 and/or imprisonment not exceeding 90 days, provided the authorized Township official issues an appearance ticket (and not a municipal civil infraction citation or notice) and marks it as a misdemeanor. However, nothing herein requires the authorized Township official to charge a repeat offense of the same ordinance by the same individual as a misdemeanor. Each day that the violation occurs shall constitute a separate violation.
A defendant who is found responsible for an ordinance violation designated as a municipal civil infraction whether by admission or by court determination is subject to all of the following fines and costs:
A. 
A civil fine not less than $25 and not more than $500; and
B. 
The Judge or Magistrate shall summarily tax and determine the costs of the action (which are not limited to the costs taxable in ordinary civil actions) and may include all expenses, direct and indirect, to which the Township has been put in connection with the municipal civil infraction, up to the entry of judgment. Expenses include but are not limited to the time of the authorized Township official; the time of the Township Attorney; witness and mileage fees; and postage. Costs may not be less than $9 or more than $500. Costs shall be payable to the Township general fund except as otherwise provided by law.
C. 
In addition to ordering the defendant to pay a civil fine, costs, damages and expenses, the Judge or Magistrate may issue a writ or order as permitted by MCL § 600.8302.
D. 
The District Court Judge may establish a schedule of civil fines and costs to be imposed for municipal civil infractions. The schedule need not include all municipal civil infractions and may exclude a case on the basis of a defendant's prior record of municipal civil infractions.
E. 
A default in the payment of a civil fine, costs, or damages or expenses ordered under this article, or an installment of the fine, costs or damages or expenses, may be collected by a means authorized for the enforcement of a judgment under MCL § 600.4001 et seq., or MCL § 600.6001 et seq.
F. 
In any citation involving land, buildings or property, the District Court Judge may issue and enforce any judgment, writ, or order necessary to enforce the ordinance. The District Court Judge may enter an order that if the defendant does not comply with the ordinance requirements, judgment, writ, or order, the Township employees or their agents are authorized to enter onto the land, building, or property involved for the purpose of enforcing the ordinance requirements, judgment, writ or order. The defendant shall be responsible to reimburse the Township for all its costs incurred in enforcement as provided by this section.
G. 
If the defendant in a municipal civil infraction is determined responsible for a municipal civil infraction, the district court, in addition to any fine and cost imposed under this article, may assess additional costs incurred in compelling the appearance of the defendant, which additional costs shall be returned to the general fund of the Township of Grosse Ile.
A. 
If a defendant defaults in the payment of a civil fine, costs, or, if applicable, damages or expenses, or any installment, as ordered, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, order to show cause, or a bench warrant of arrest for the defendant's appearance.
B. 
If a corporation or an association is ordered to pay a civil fine, costs, or damages or expenses, the individuals authorized to make disbursement shall pay the fine, costs, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this section.
C. 
Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
D. 
If it appears that the default in the payment of a fine, costs, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, or damages or expenses.
E. 
The term of imprisonment on civil contempt for nonpayment of a civil fine, costs, or damages or expenses shall be specified in the order of commitment, and shall not exceed one day for each $30 due. A person committed for nonpayment of a civil fine, costs, or damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30 per day.
F. 
A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs, or damages or expenses shall not be discharged from custody until one of the following occurs:
(1) 
The defendant is credited with the amount due pursuant to Subsection E;
(2) 
The amount due is collected through execution of process or otherwise;
(3) 
The amount due is satisfied pursuant to a combination of Subsection F(1) and (2).
A. 
If a defendant does not pay a civil fine or costs or an installment ordered within 30 days after the date on which payment is due in a municipal civil infraction action brought for a violation involving the use or occupation of land or a building or other structure, the Township may obtain a lien against the land, building, or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the Register of Deeds for the county in which the land, building or structure is located. The court order shall not be recorded unless a legal description of the property is incorporated in or attached to the court order. The lien is effective immediately upon recording of the court order with the Register of Deeds.
B. 
The court order recorded with the Register of Deeds shall constitute notice of the pendency of the lien. In addition, a written notice of the lien shall be sent by the Township by first-class mail to the owner of record of the land, building, or structure at the owner's last known address.
C. 
The lien may be enforced and discharged by the Township in the manner prescribed by state law, by the general property tax act, Act No. 206 of the Public Acts of 1893, being §§ 211.1 to 211.157 of the Michigan Compiled Laws, or by an ordinance duly passed by the governing body of the Township. However, property is not subject to sale under § 60 of Act No. 206 of the Public Acts of 1893, being § 211.60 of the Michigan Compiled Laws, for nonpayment of a civil fine or costs or an installment ordered under § 8727 unless the property is also subject to sale under § 60 of Act No. 206 of the Public Acts of 1893 for delinquent property taxes.
D. 
A lien created under this section has priority over any other lien unless one or more of the following apply:
(1) 
The other lien is a lien for taxes or special assessments.
(2) 
The other lien is created before the effective date of the amendatory act that added this section.
(3) 
Federal law provides that the other lien has priority.
(4) 
The other lien is recorded before the lien under this section is recorded.
E. 
The Township of Grosse Ile may institute an action in a court of competent jurisdiction for the collection of the fines and costs imposed by a court order for a municipal civil infraction. However, an attempt by the Township to collect the fines or costs by any process does not invalidate or waive the lien upon the land, building, or structure.
F. 
A lien provided for by this section shall not continue for a period longer than five years after a copy of the court order imposing a fine or costs is recorded, unless within that time an action to enforce the lien is commenced.