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 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 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.
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:
G. Director of Public Works.
I. Fire Marshal/Fire Inspector.
J. Code Enforcement Officer.
[Added 7-22-2002]
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.