In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, prosperity and general welfare. Unless specifically provided for, it is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with the existing and unrepealed provision of law or ordinance or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of building or land, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings, structures, land, or upon the courtyard or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this ordinance shall control.

State Law reference— Conflict, between zoning and other ordinances, MCL 125.298.

Sections of this ordinance shall be deemed to be severable and should any section, paragraph, or provision thereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this ordinance as a whole or any other part thereof, other than the part so declared to be unconstitutional or invalid.

Further, if any court shall declare invalid the application of any provision of the ordinance to a particular parcel, lot use, building or structure, such ruling shall not affect the application of said provision to any other parcel, lot use building or structure not specifically included in said ruling.

Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

All ordinances and amendments thereto enacted and/or adopted by the Charter Township of Bath and/or the Township Board of the Charter Township of Bath by virtue of Act 184 of the Public Acts of 1943 (MCL 125.271 et seq.), as amended, and all ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed as of the effective date of this ordinance. The repeal of existing ordinances or parts of ordinances and their amendments does not affect or impair any act done, offense committed or right accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time it was enforced, prosecuted or inflicted.

A.

Nuisances per se. Any building, structure or use constructed, altered, moved or maintained in violation of the provisions of this ordinance is hereby declared to be a nuisance per se.

B.

Criminal violations. Violation of a provision of this ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with variances and conditional uses and violations of approved site plans, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 90 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day a violation continues shall be considered a separate offense.

C.

Municipal civil infractions. Persons, firms, corporations or entities in violation of a provision of this ordinance, including violations of conditions and safeguards established in connection with variances and conditional uses and violations of approved site plans, may be subject to and found responsible for a municipal civil infraction. The schedule of forfeitures for any municipal civil infraction shall be established by resolution of the township board, not to exceed $500.00 plus court costs, attorney fees and abatement costs of each violation, together with all other remedies pursuant to MCL 600.8701, et seq. Each day a violation continues shall be deemed a separate municipal civil infraction. A schedule of forfeitures for violation of this ordinance shall be available at the municipal civil infractions bureau.

D.

Remedies. In addition to any other remedies, the township may institute proceedings for injunction, mandamus, abatement or other appropriate remedies to prevent, enjoin, abate or remove any violations of this ordinance. The rights and remedies provided herein are both civil and criminal in nature. The imposition of any fine, jail sentence, or forfeiture shall not exempt the violator from compliance with the provisions of this ordinance.

(Ord. No. 31.50, § 2, 8-3-2015)

State Law reference— Zoning violations, MCL 125.294.

This ordinance shall take effect following adoption and upon publication in accordance with the provisions and procedures of Act 359 of the Public Acts of 1947 (MCL 42.1 et seq.), as amended.

Made and passed by the Township Board of Bath Charter Township Clinton County, Michigan on this 21st day of August, 1989.