The provisions of this Ordinance shall be administered by the Zoning Administrator appointed by the Village Council as assigned to the Ordinance Enforcement Office from time to time. Said Zoning Administrator's duties shall be the administration of this Ordinance as prescribed by this Ordinance, including issuance of all zoning compliance statements whether individual statement or as part of the issuance of a building permit pursuant to the Village Construction Code, acceptance of any and all applications required in the administration of the Ordinance any other duties assigned or delegated to the Zoning Administrator by the Village Council or any other law regulation or Ordinance of the State of Michigan or the Village of Berrien Springs.

(Ord. No. 316, 5-19-2008)

The enforcement of this ordinance shall be administered and enforced by the Zoning Administrator and the Ordinance Enforcement Officer designated by and responsible to the Village Council. Duties of the Ordinance Enforcement Officer shall include those set forth in Section 26.03 as well as other prescribed duties set forth in Section III of Ordinance Number 312.

(Ord. No. 316, 5-19-2008)

The Zoning Administrator and Enforcement Officer shall have the following powers in addition to those set forth in Section 26.01 and 26.02 above:

1.

Form of Application, Permits and Certificates. The Zoning Administrator may prescribe the form of all applications, permits (including a zoning compliance permit when required by the terms of this Ordinance), and certificates required under the terms of the Ordinance. If no form is prescribed, a written document in the form of a letter requesting permission, in the case of an application stating precisely what permission is requested, or granting permission, in the case of a permit, stating precisely what permission is granted will suffice.

2.

Receive Applications. The Zoning Administrator will receive and examine and certify completeness of all applications for permits, certificates, variances, and all other applications required under the terms of this ordinance.

3.

Refer Applications to the Board of Appeals. The Zoning Administrator shall upon a finding that an application is complete must refer all applications for permits, certificates, variances, special use permits and any other applications to the appropriate body within twenty (20) days upon making determination that the submission is complete.

4.

Issue or Refuse Permits. The Zoning Administrator must issue permits for constructions, alternation, and occupancy of those uses which comply with the requirements of this Ordinance, within thirty (30) days after the receipt of the application. The refusal of permit must be in writing and shall state the reasons for the denial.

5.

Issue Notice of Violation. The Zoning Administrator or Enforcement Officer must issue a written notice of violation to each violator of this Ordinance, stating the nature of the violations. Duplicate copies of the notice must be sent to the Village Council.

6.

Serve Appearance Tickets. Serve notice and serve appearance tickets for violation of the terms of this ordinance as set forth in Chapter 4 of public Act 175 of 1927, as amended

7.

Appear in Court. Appear in court or other judicial proceedings to assist in the prosecution of ordinance violators, and as such other ordinance enforcing duties as may be delegated by the Village Attorney or assigned by the Village Attorney.

8.

Make Recommendations. The Zoning Administrator or Enforcement Officer may make recommendations to the Village Council and/or Board of Appeals for any action deemed necessary.

9.

Records. The Zoning Administrator must keep records of applications, permits, or certificates issued, of variances and special use permits granted, inspections made, any report issued and notices or orders issued.

10.

Additional Duties and Powers. The Zoning Administrator or Enforcement Officer must perform all other duties, and may exercise all other powers and privileges, as may be provided or made necessary by the terms of this Ordinance.

11.

Scheduling of Public Hearing on All Required Matters. The Zoning Administrator upon submission of any application requiring a public hearing pursuant to the provisions of this ordinance, and determination by the Zoning Administrator that said application meets the requirements of subparagraph 2 above, shall take such action to schedule a public hearing at the next regular meeting of the Village Council or Zoning Board of Appeals (as applicable) or at a special meeting of the Village Council or Zoning Board of Appeals for which the date and time has been approved by the Chair.

12.

Administration of Fee and Expense Reimbursement Policy. The Zoning Administrator shall be responsible to administer the fee and expense reimburse program the Village of Berrien Springs concerning all cost associated with the Village review of the application for a site plan or building facade plan review, including, but not limited to engineering, legal and other expert assistance required by the Village to review and process at application, through informing all applicants of this policy and monitoring their required payments.

(Ord. No. 316, 5-19-2008)

A schedule of fees necessary for the administration of the Ordinance shall, from time-to-time, be established by resolution of the Village Council.

(Ord. No. 316, 5-19-2008)

Except as specifically provided by state law or Village ordinance, all violations of this Ordinance are misdemeanors. Except as otherwise provided by law, a person convicted of a violation of this Ordinance that is a misdemeanor shall be punished by a fine not to exceed five hundred ($500.00) dollars and costs of prosecution or by imprisonment for a period of not more than ninety (90) days or by both such fine and imprisonment. However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is ninety-three (93) days shall be punished by a fine not to exceed five hundred ($500.00) dollars and costs of prosecution or by imprisonment for a period of not more than ninety-three (93) days or by both such fine and imprisonment.

The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Ordinance, whether or not such penalty is reenacted in the amendatory ordinance.

The penalty shall be in addition to the abatement of the violating condition, any injunctive relief, and/or a revocation of any permit or license.

This section shall not apply to the failure of village officers and employees to perform municipal duties required by this Ordinance.

(Ord. No. 316, 5-19-2008)

State Law reference— Limitation on penalties, MCL 66.2.