TOWNSHIP OF WHITE OAK
ORDINANCE NO.14
(ENACTED DECEMBER. 1996:)
ORDINANCE TO PROVIDE FOR MUNICIPAL CIVIL INFRACTION TICKETS
FOR VIOLATION OF THE B.O.CA. NATIONAL BUILDING CODE
The Township of White Oak, ordains:
Section One. Township Municipal Civil Infractions
The words “municipal civil infraction” means an act or omission that is prohibited by this Ordinance or any other Ordinance of the Township, but which is not a crime under this Ordinance or other ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No.236 of the Public Acts of 1961, as amended. [MCL 600.8701 MSA 27A. 8701, A municipal civil infraction is not a lesser included offense of a violation of this Ordinance that is a criminal offense.
1.2 Unless a violation of this Ordinance or Ordinance No.10 is specifically designated a misdemeanor, then the Violation shall be a municipal civil infraction.
1.3 The sanction for a municipal civil infraction violation shall be a civil fine in the amount as provided by this Ordinance, plus costs, damages, expenses, equitable relief and other sanctions, as authorized under Chapter 87 of Act No.236 of the Public Acts of 1961, as amended, and other applicable law.
1.3a Unless otherwise specifically provided for in this Ordinance, the civil fine for a municipal civil infraction violation shall not be less than $50.00, plus costs and other sanctions.
1.3b. Increased civil fines may be imposed for repeated violations by a person of any requirement or provision this Ordinance or the Code set forth in Ordinance No.10. As used in this Section, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:
I. Committed by a person within 6 month period (unless some other period is specifically provided by this Ordinance) and
II. For which the person admits responsibility or is determined to be responsible.
1.3c. Unless otherwise specifically provided by this Ordinance for a particular municipal civil infraction violation, the increase fine for a repeat offense shall be as follows:
The fine for any offense, which is a first repeat offense, shall be not less than $250.00, plus costs and other sanctions.
The fines for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500.00, plus costs and other sanctions.
1.4 The person who shall receive the municipal civil infraction by the Building Official is the owner of the subject property and/or the builder performing the work in violation of the Code.
1.5 A “violation” includes any act which is prohibited or made or declared to be unlawful or an offense by this Ordinance or the Code, including any omission or failure to act where the act is required by the Code or this Ordinance.
1.6 In addition to any remedy available at law, the Township may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this Ordinance.
Section Two. When the White Oak Township Building Official determines that a violation of the Code has occurred, the Township Building Official:
a. shall promptly orally notify the builder and/or owner, if he/she is on the site when the violation is discovered;
b. may issue an immediate stop work order for the site. If the owner/builder fails to stop working, then the Township Building Official may issue an immediate municipal civil infraction ticket for failure to stop work, pursuant to Section 5.2; and
c. shall send the owner a letter by first class mail within seven (7) days of discovery indicating the nature of the violation and the exact section of the Code being violated. The owner and/or builder shall have seven (7) days to correct the problem from the date of the letter. The Township Building Official may at his/her discretion grant reasonable extensions of time to the violator, where progress is being made towards correction of the problem. If the owner and/or builder fails to correct the problem within the time proscribed by the Township Building Official, then the Township Building Official shall issue a municipal civil infraction ticket for the violation, pursuant to Section 5.1.
Section Three. The Township Building Official shall have the authority to issue Municipal Civil Infraction Tickets pursuant to this Ordinance, after an investigation and authorization by the Township Attorney, pursuant to MCL 600.8707 (2); MSA 27A.8707 (2).
Section Four. Those persons violating the Code, shall be guilty of a municipal civil infraction, pursuant to MCL 600.8701.
4.1 The Township Building Official shall issue the Municipal Civil Infraction Ticket in the manner proscribed by MCL 600.8709; MSA 27 A.8709 and personally serve the Defendant or contract for Defendant’s service with a licensed and bonded Process Server.
4.2 Paying the Municipal Civil Infraction Ticket shall not negate the Defendant’s duty to correct the Code violation. White Oak Township may issue a second and subsequent Municipal Civil Infraction Ticket to any Defendant who pays the Municipal Civil Infraction Ticket’s fine, but fails to correct the Code violation.
Section Five. Number of violations per day:
5.1 Except as provided in Section 5.2, each day on which any violation of this Code continues shall constitute a separate offense and shall be subject to penalties or sanctions as a separate Municipal Civil Infraction.
5.2 In the case of a Stop Work Order that is being violated by the builder/owner, the Township Building Official may issue the builder/owner a Municipal Civil Infraction Ticket as often as every fifteen (15) minutes, until the owner and/or builder discontinues work being performed in violation of the code.
Section Six. All Ordinances or parts of Ordinances in conflict with this Ordinance are repealed.
Section Seven. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Township of White Oak declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
Section Eight. This Ordinance shall take immediate effect thirty (30) days after publication by the Township Clerk, pursuant to MCL 41.184.
Adopted at a regular meeting of White Oak Township, held on 9th day of December 1996.