[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
This article hereby establishes the authority
for certain individual ordinances of the Village to be amended so
as to convert criminal penalties into civil penalties pursuant to
statute made and provided.
As used herein:
Act No. 236 of the Public Acts of Michigan of 1961 (MCLA
§ 600.101 et seq.), as amended.
A police officer or other personnel of the Village authorized
by this chapter to issue municipal civil infraction citations or municipal
civil infraction violation notices.
The Village Municipal Ordinance Violations Bureau as established
by this article.
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 Village
official, 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 Village official,
directing a person to appear at the Village 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 Village, as authorized
under Sections 8396 and 8707(6) of the Act [MCLA §§ 600.8396
and 600.8707(6)].
A municipal civil infraction action may be commenced
upon the issuance by an authorized Village official of a municipal
civil infraction citation directing the alleged violator to appear
in court; or a municipal civil infraction violation notice directing
the alleged violator to appear at the Village Municipal Ordinance
Violations Bureau.
Municipal civil infraction citations shall be
issued and served by authorized Village officials as follows:
A.
The time for appearance specified in a citation shall
be within a reasonable time after the citation is issued which shall
not exceed 15 calendar days following such issuance.
B.
The place for appearance specified in a citation shall
be the 56th 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 Village and issued to the alleged
violator as provided by Section 8705 of the Act (MCLA § 600.8705).
D.
A citation for a municipal civil infraction signed
by an authorized Village 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 Village official who witnesses a person
commit a municipal civil infraction shall prepare and subscribe, as
soon as possible and completely as possible, an original and required
copies of a citation.
F.
An authorized Village 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 prosecuting attorney or Village Attorney
approves in writing the issuance of the citation.
G.
Municipal civil infraction citations shall be served
by an authorized Village official as follows:
(1)
Except as provided by Subsection (2) of this section, an authorized Village 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 a copy of the citation 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 the individual 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 Village.
(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 Village.
(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 Village hereby establishes
a Municipal Ordinance Violations Bureau ("Bureau") as authorized under
Section 8396 of the Act (MCLA § 600.8396) to accept admissions
of responsibility for municipal civil infraction in response to municipal
civil infraction violation notices issued and served by authorized
Village officials, and to collect and retain civil fines and costs
as prescribed by this chapter.
B.
Location; supervision; employees; rules and regulations.
The Bureau shall be located at the Village Hall and shall be under
the supervision and control of the Village Manager. The Manager, subject
to the approval of the Village Council, shall adopt rules and regulations
for the operation of the Bureau and appoint any other necessary qualified
Village employees to administer the Bureau, also subject to approval
of the Village Council.
C.
Enforcement by authorized officials. Pursuant to this
article, the Police Department shall be authorized to enforce all
ordinances and all members shall automatically be "authorized Village
officials" pursuant to this article. The Village may also name any
employee of the Village as an "authorized Village official."
D.
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 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. Nothing in this article
shall prevent or restrict the Village 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.
E.
Limitation of Bureau's authority. 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.
F.
Municipal civil infraction violation notices. Municipal civil infraction violation notices shall be issued and served by authorized Village officials under the same circumstances and upon the same persons as provided for citations as provided in § 1-22 of this article. In addition to any other information required by this article, 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.
G.
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.
H.
Procedure where admission of responsibility not made
or fine not paid. If an authorized Village official issues and serves
a municipal ordinance violation notice and if an admission of responsibility
is not made and the civil fines 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 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 Sections 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.
[Amended 7-7-2003 by Ord. No. 105]
A.
A schedule of civil fines for civil infraction violations
shall be established by resolution of the Village Council. The Village
Council, by resolution, has the authority to adopt a schedule of civil
fines that prescribes the fines(s), including fines for subsequent
violations, for each designated municipal civil infraction violation.
The schedule of civil fines may be revised and amended form time to
time at the discretion of the Village Council, and a composite schedule
of the fines for violation of the various ordinance shall be maintained
by the Village Manager. A copy of said schedule shall be posted at
the Bureau.
B.
If a defendant is found responsible for a civil infraction
violation and ordered to pay a civil fine, the Judge or District Court
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 Village
has been put in connection with the municipal civil infraction, up
to the entry of judgment. Costs of not less than $9 or more than $500
shall be ordered.
[Added 5-10-2004 by Ord. No. 106]
A.
Pursuant
to the Act, if a defendant in a municipal civil infraction action
brought for a violation involving the use or occupation of land or
a building or other structure does not pay a civil fine, costs, civil
sanctions, damages, expenses and/or an installment within 30 days
after the date on which payment is due, the Village may obtain a lien
against the land, building, or structure involved in the violation
by recording a copy of the court order or judgment requiring payment
of the fine and costs with the Eaton County Register of Deeds. A legal
description of the property must be incorporated in or attached to
the court order or judgment for recording. The lien is effective immediately
upon recording of the court order or judgment with the Eaton County
Register of Deeds.
B.
The court
order or judgment recorded with the Eaton County Register of Deeds
shall constitute notice of the pendency of the lien. In addition,
a written notice of the lien shall be sent by a Village official 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
for the civil fine, costs, civil sanctions, damages, expenses and/or
an installment shall be collected and treated in the same manner as
provided for property tax liens under 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, as amended.
D.
The Village
may institute an action in a court of competent jurisdiction for the
collection of the civil fine, costs, civil sanctions, damages, expenses
and/or an installment imposed by a court order or judgment for a municipal
civil infraction. However, an attempt by the Village to collect the
civil fine, costs, civil sanctions, damages, expenses and/or an installment
by any process does not invalidate or waive the lien upon the land,
building, or structure.
