The administration of this chapter shall be supervised by the mayor. The planning commission shall monitor the administration of this chapter through reports from the development official. The planning commission may recommend to the city council policies and procedures to assist the development official and/or their designee in the administration on and enforcement of this chapter. Upon adoption by the city council, the policies and procedures shall be carried out by the development official.

a.

The mayor shall appoint a development official to act as the officer to properly and consistently administer and enforce this chapter. The terms and conditions of employment shall be established by the city council. The development official shall have all power and authority granted by law and necessary to enforce this chapter, and shall, among other responsibilities, be empowered to issue appearance summons, seek legal action against alleged violations through the city attorney, and bring civil action in the name of the city against the violations of the provisions of this chapter.

b.

Duties of the development official. The development official shall enforce the provisions of this chapter and shall perform the following duties:

1.

All applications for permits required by this chapter shall be submitted to the development official who shall issue permits when all applicable provisions of this chapter have been met. Permits shall be issued after due regard has been given to land restrictions and reservations, of record.

2.

The development official shall maintain files of all applications for permits and shall keep records of all permits issued. These files and records shall be open to public inspection, and copies shall be furnished, at cost, upon request.

3.

The development official shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this chapter.

4.

The development official shall keep a record of filed complaints of violations of the provisions of this chapter and of the action taken in response to each complaint.

The planning commission shall perform the following duties:

a.

Recommend policies and procedures to the city council for the proper administration and enforcement of this chapter.

b.

Act on policy matters that may arise and are not covered by adopted policies or guidelines.

c.

Conduct public hearings as required by this chapter and Public Act No. 110 of 2006 and making specific findings of fact and a determination on each matter.

Unless otherwise required, notices for all public hearings shall be given as follows:

a.

The notice shall:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

b.

Except as required in c. below, notices for all public hearings shall be given as follows:

1.

Notice of the hearing shall be not less than fifteen (15) days before the date of the public hearing.

2.

Notice of the hearing shall be published in a newspaper of general circulation in the city.

3.

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

4.

Notice shall also be sent by mail to all persons to whom real property is assessed within three hundred (300) feet of the property and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.

c.

Newspaper publication, as required in b. above, shall be the only notice required for an amendment to the zoning ordinance or the zoning map that affects eleven (11) or more adjacent properties.

a.

Development permits are required for certain developments. The development official is hereby authorized and directed to issue development permits in accordance with the following provisions, in addition to any other requirements contained in this chapter:

1.

Excavation for buildings or structures shall not be commenced, the erection, addition to, structural alteration of, or moving of any building or structure shall not be undertaken, nor shall any use of land regulated by this chapter be changed to a use of a different use group or land use classification until a development permit has been obtained from the development official.

2.

A development permit shall not be issued for those uses requiring a special land use permit as provided in this chapter, until a special land use permit and site plan review have been approved in compliance with the provisions of this chapter.

3.

A development permit shall not be issued for those uses requiring site plan review until site plan approval is granted pursuant to this chapter.

4.

A development permit shall not be issued for those uses requiring parking and loading spaces until a plan has been reviewed and approval granted for such spaces pursuant to the requirements of this chapter.

5.

In the case of signs and other structures under the jurisdiction of this chapter, a sign permit shall be considered a development permit.

b.

Except upon written order of the ZBA or court order, no development permit shall be issued that would otherwise be a violation of any provision of this chapter.

c.

An application for development permit shall be considered for approval by the development official when the application contains the following information:

1.

In the case of a permit for buildings proposed for human occupancy or required by law to have plumbing fixtures, one (1) of the following shall be required:

(a)

Report from Mid-Michigan District Health Department certifying, in writing, the approval of a private sanitary sewage disposal system.

(b)

A written notice of acceptance or hook-up receipt for public sanitary sewer service.

2.

When a municipal, public or private water supply system is required by law or proposed by the applicant, one (1) of the following shall be required:

(a)

A report from the Mid-Michigan District Health Department certifying approval of private water supply systems.

(b)

A written notice of acceptance or hook-up fee receipt for public water supply.

3.

When a new or rehabilitated driveway is required or proposed, a receipt of application for a driveway permit shall be required.

The city council shall by resolution establish such fees and charges as it may require for applications, permits, reviews, and for other procedures and services related to the provisions of this chapter.

a.

As a condition of approval of a site plan review, special land use, or variance, the city council, development official, or the board of zoning appeals, shall require a written financial guarantee and security of sufficient sum to assure the installation of those features or components of the approved activity, construction or site plan requirements or conditions. The guarantee shall be in a form and amount acceptable to the city.

b.

Such features or components, referred to as improvements in this article, may include, but shall not be limited to, survey monuments and irons, streets, municipal water and sanitary sewers, curbing, landscaping, fencing, walls, screening, lighting, drainage stormwater management facilities, sidewalks, driveways, utilities, and similar items.

c.

Performance guarantees shall be processed in the following manner:

1.

Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the development official. The amount of the performance guarantee shall be one hundred (100) percent of the cost of purchasing of materials and installation of the required improvements, plus the cost of necessary engineering and inspection costs and a reasonable amount for contingencies.

2.

The required performance guarantee shall be payable to the city and may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.

3.

Upon receipt of the required performance guarantee, the development official shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this chapter and other applicable ordinances of the city.

4.

The development official, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

5.

When all of the required improvements have been completed, the obligor shall send written notice to the development official of completion of such improvements. At that time the development official shall inspect all of the improvements and approve, partially approve, or reject the improvements with a written statement of the reasons for any rejections.

6.

If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

7.

If full approval of performance is granted and all other requirements are satisfied, the applicant shall receive from the city the unused portion of the guarantees.

8.

A record of required performance guarantees shall be maintained by the development official.

a.

The development official shall enforce the provisions of this chapter in cooperation with the city attorney. The city attorney shall take legal action against alleged violators of this chapter when presented sufficient evidence of violation by the development official. The police department is hereby authorized to enforce any provisions of this chapter as may be delegated to the police department by resolution of the city council.

b.

All violations of this chapter noted by the development official and all complaints received by the city shall be recorded on a form designed for that purpose and filed in accordance with the requirements of this chapter. The name of the person who files a complaint with the city shall not be released without the prior consent of the complaining person.

c.

Upon receipt of a complaint, or upon other determination of probable cause to believe that a violation may exist, the development official shall classify the violation as an active or passive violation, and shall proceed as follows:

1.

Active violations.

(a)

An active violation is a violation which involves ongoing construction, excavation, or other activities which increase the extent of the violation as time passes.

(b)

All active violations shall be issued a written stop work order which shall be posted on the site and either delivered in person or mailed to the property owner by certified mail.

(c)

A stop work order shall state the nature of the violation, the date the violation was observed, the corrective action necessary, and the penalty for continued violation.

(d)

If the person responsible fails to stop all work in furtherance of the violation after receipt of a stop work order, the development official, through the city attorney, shall seek an immediate temporary restraining order from the circuit court.

2.

Passive violations.

(a)

A passive violation is a violation which does not involve ongoing construction, excavation, or other activities which increase the extent of violation as time passes.

(b)

The property owner maintaining a passive violation shall be contacted in person or by mail by the development official. The development official shall explain the applicable provisions of this chapter, the nature of the violation, and the corrective action necessary to comply with this chapter.

(c)

When it becomes apparent that a property owner or other party who has violated the provisions of this chapter intends not to correct the violation or to further violate the provisions of this chapter, the development official may proceed through the city attorney with the appropriate legal action.

(d)

When a property owner or other party who has violated the provisions of this chapter expresses an intent to correct the violation, the development official may allow a reasonable time period, not to exceed thirty (30) days, for correction of the violation.

(e)

At the end of the correction period, the development official shall make an inspection of the property to determine if the noted violations have been corrected. A record of this inspection shall be made and shall contain photographs, instrument readings, and other information necessary to establish the nature and extent of any remaining violation.

(f)

If corrective action has been taken by the property owner or other person responsible for the violation, the development official shall indicate that the property is in compliance with this chapter in a letter to the property owner.

(g)

If the noted violations remain and are evident in the record of formal inspection, the development official shall issue a notice of violation. The notice shall be delivered in person or by certified mail to the property owner or other person responsible for the violation and shall contain the date of the inspection, the provisions of this chapter violated, the penalties which may be imposed, and the amount of time allowed for corrective action, not to exceed fifteen (15) calendar days.

(h)

At the end of this correction period, the development official shall again make an inspection of the property to determine whether or not the indicated corrective actions have been taken.

(i)

If the violation remains, the development official shall seek appropriate legal action against the property owner or other person responsible for the violation by presenting all evidence to the city attorney.

d.

Appearance summons. The use of an appearance summons in connection with a specific enforcement program is hereby authorized, provided that notice of the enforcement program is published in a newspaper of general circulation in the city at least twenty (20) days before the enforcement action begins.

e.

A person receiving a notice of violation or who is aggrieved by action taken by the development official pursuant to this chapter may appeal the decision of the development official to the zoning board of appeals in accordance with the procedures noted in article XXII of this chapter, provided a written notice of appeal is filed within ten (10) working days of receipt of notice of violation.

f.

The development official shall refuse to issue development permits to any person who has failed to take corrective action upon receipt of a notice of violation, stop work order, or who is currently maintaining a violation of the provisions of this chapter, or the state construction code, Public Act No. 230 of 1972 (MCL 125.1501 et seq.).

a.

A violation of the provisions of this chapter is a municipal civil infraction, for which the fine shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first offense and not less than two hundred dollars ($200.00) not more than one thousand five hundred dollars ($1,500.00) for subsequent offenses, in the discretion of the court, and in addition to all other costs, damages, and expenses provided by law.

b.

For purposes of this section, subsequent offense means a violation of the provisions of this chapter committed by the same person within twelve (12) months of a previous violation of the same provision of this chapter for which such person admitted responsibility or was adjudicated to be responsible. However, offenses committed on subsequent days within a period of one (1) week following the issuance of a citation for a first offense shall all be considered separate first offenses.

c.

Each day during which any violation continues shall be deemed a separate offense.

d.

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 time of passage of the ordinance from which this chapter is derived and is in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

e.

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