Buchanan Township City Zoning Code
ARTICLE XXIX
Violations and Penalties
§ 300-29.01 Public nuisance.
Buildings erected, altered, raised, or converted (including tents, mobile homes, and trailer coaches), or uses carried on in violation of any provision of this chapter are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of competent jurisdiction.
§ 300-29.02 Violation defined.
Any act, attempt to act or failure to act upon demand by the Township by a person, firm, corporation, or agent, or employee, contractor, or subcontractor of same, in violation of any of the provisions of this chapter or any of the regulations adopted in pursuance thereof, or any attempt to impede or interfere with an enforcement official, shall be a violation of this chapter.
§ 300-29.03 Enforcement; municipal civil infraction.
[Amended 6-7-2018 by Ord. No. 112-2018]
Every effort will be made by the Township to resolve any violation prior to issuing a municipal civil infraction. Following are the steps to be taken by the Ordinance Enforcement Official:
Identify potential violation and investigate.
Receives a complaint or makes an observation of a potential violation.
Visit the site in an attempt to gather information about the alleged infraction(s) without leaving the right-of-way or open field (trespassing).
If more evidence is required, attempt to make direct contact with the owner in an attempt to explain the nature of the infraction and receive permission to gather more information from the property.
Keeps a record of each complaint made, and any correspondence, written or received.
Issue a violation letter.
Send, via certified mail, a violation letter to the property owner/tenant. The letter shall explain the violations and require immediate abatement.
The violator shall be given 14 days to respond to the letter, giving a plan for correction. If a reasonable plan for correction is received, the Ordinance Enforcement Official shall give a time frame of no more than 30 days for correction.
If no response for corrective action is received, and the violation is not corrected within the 14 days, the Ordinance Enforcement Official shall issue a municipal civil infraction citation, with the consent of the Township Attorney.
Municipal civil infraction citation.
A municipal civil infraction citation is a formal complaint filed in the Berrien County District Court by the Ordinance Enforcement Official, directing the violator to appear in court.
The municipal civil infraction citation shall include the name/address of the violator, violation, date, description of violation (listing ordinances and section numbers), signed by the Ordinance Enforcement Official.
One copy of the citation is filed with the Berrien County District Court, a second is retained by the Ordinance Enforcement Official, the third is personally served on the property of the violator, the fourth is sent via certified mail.
The Ordinance Enforcement Official, and/or the defendant, may request either an informal or formal hearing.
The Court shall assess all costs, including expenses, actual attorney fees, and direct and indirect expenses which the Township of Buchanan has incurred in connection with enforcement of this chapter. The Township may collect these costs incurred by adding them to the winter property tax bill.
§ 300-29.04 Other remedies.
The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the Township to initiate proceeding in an appropriate court of law to restrain or prevent any noncompliance with any provisions of this chapter, or to correct, remedy, or abate such noncompliance. All remedies referenced in this chapter may be utilized by the Township collectively, in the alternative or in any combination or order the Township may decide.
§ 300-29.05 Rights and remedies preserved.
Any failure or omission to enforce the provisions of this chapter, and failure or omission to prosecute any violations of this chapter, shall not constitute a waiver of any rights and remedies provided by this chapter or by law, and shall not constitute a waiver or prevent any further prosecution of violations of this chapter.
§ 300-29.06 Records of violations and remedies.
The Township shall keep accurate records of all decisions and actions relative to identified violations and corresponding actions and remedies.