Any firm, corporation or person who violates any provision of this chapter is responsible for a misdemeanor.

(Ord. No. 96-5, § 2500, 3-5-1996)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the effective date of the ordinance from which this chapter is derived and in violation of any of the provisions hereof is hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.

(Ord. No. 96-5, § 2501, 3-5-1996)

The owner of any building, structure or premises or part thereof where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense and, upon conviction thereof, shall be liable to the fines and imprisonment herein provided.

(Ord. No. 96-5, § 2502, 3-5-1996)

A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(Ord. No. 96-5, § 2503, 3-5-1996)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Ord. No. 96-5, § 2504, 3-5-1996)

(a)

Where in this chapter there is delegated to the zoning board of appeals or the city planning commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, site plan approval, special approval or variance, the zoning board of appeals or the city planning commission may, to ensure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, require the permittee to furnish a cash, performance or surety bond executed by a reputable surety company authorized to do business in the state, or irrevocable letter of credit, in an amount determined by the zoning board of appeals or the city planning commission to be reasonably necessary to ensure compliance hereunder; provided, however, that in fixing the amount of such cash, performance, surety bond or irrevocable letter of credit, the zoning board of appeals or city planning commission shall take into account the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

(b)

The performance guarantee shall be deposited with the city clerk at the time of the issuance of the permit authorizing the activity or project. The city may not require the deposit of the performance guarantee prior to the time when the city is prepared to issue the permit.

(c)

The city shall establish procedures whereby a rebate of any cash deposits, in reasonable proportion to the ratio of work completed on the required improvements, will be made as work progress.

(d)

As used in this section, the term "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting approval to protect natural resources or the health, safety and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including, but not limited to, roadways, paving, walls, curbing, striping, lighting utilities, sidewalks, screening and drainage.

(e)

A certificate of occupancy for any improvement will not be issued not shall the property be used or occupied in any way until the required physical site improvements are fulfilled. In instances where all improvements as required by this chapter are not completed and a temporary certificate of occupancy is requested, the cost of such remaining improvements shall be estimated by the building inspector, taking into account the criteria listed above. The building inspector may grant temporary occupancy if use of the premises does not constitute a hazard or nuisance. Temporary occupancy will not be granted until satisfactory cash bond or irrevocable letter of credit in the amount of the estimated cost of completion is filed with the city clerk. If the work is not completed by the date specified on the temporary occupancy permit, the city may use the cash, surety bond or irrevocable letter of credit to complete the improvements. Issuance of a temporary certificate of occupancy is also subject to the provisions of section 50-513(5).

(f)

Should the applicant object to the amount of the performance guarantee as set by the planning commission, zoning board of appeals or building inspector as provided herein, he shall file with the city clerk his written objection thereto within 30 days of such determination. The city clerk shall forward any such written objection he shall receive to the city council, which may make such inquiry and determination as it deems to be in the interest of the city. The determination of the city council shall be final.

(Ord. No. 96-5, § 2505, 3-5-1996)

State Law reference— Performance guarantee, MCL 125.3505.