The Community and Economic Development (CED) Director has the duty to administer and enforce the provisions of this Code. In exercising those duties, the Director has the authority provided by law for the enforcement of codes, including but not limited to: the authority to issue and serve municipal civil infraction citations and violation notices, and the right to enter private premises as provided by law.

Duties of the CED Director include:

1. Receive and review for completeness all applicable development proposal applications and refer such applications to the Planning Commission or Board of Zoning Appeals (BZA), when necessary.

2. Receive and review information and recommendations regarding applications and requests from other municipal departments and relevant sources and refer such information and recommendations to the Planning Commission or BZA for consideration.

3. Implement any court orders and the decisions of the Planning Commission, BZA, and City Council.

4. Conduct inspections of properties and structures as necessary to enforce the provisions of this Code.

The body charged with conducting a public hearing required by this Code must, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings are subject to the procedures set forth in the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, and the provisions of this Code.

1. Publication in a Newspaper of General Circulation. Notice of the request must be published in a newspaper of general circulation not less than 15 days before the date of the public hearing.

2. Personal and Mailed Notice. All notice delivered by mail or personal delivery must be given not less than 15 days before the date of the public hearing. Notice is deemed given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice.

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

b) Notice must be sent to all persons to whom real property is assessed within 300-feet of the property, regardless of municipal jurisdiction.

c) Notice must be given to the occupants of all structures within 300-feet of the property regardless of municipal jurisdiction. Notification does not need to be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area leased by different persons, one occupant of each unit or spatial area must be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who must be required to post the notice at the primary entrance(s) to the structure.

3. Content. Notice published in a newspaper and/or delivered personally or by mail for a public hearing must:

a) Describe the nature of the request.

b) Indicate the property that is the subject of the request.

c) Include a listing of all existing street addresses within the property. If no such address exists, other means of identifying the property may be used.

d) State when and where the public hearing will occur.

e) State when and where written comments may be submitted concerning the request.

i. The City Council adopts a schedule of fees, charges, and expenses and a collection procedure for all applications, permits, inspections, appeals, and other matters pertaining to this Code.

ii. All applications, permits, certificates, or variances will not be processed or issued until all associated costs, charges, fees, or expenses are paid in full.

iii. All applicants shall pay the costs incurred by the City for third-party review of an application, study, or analysis and which fees are detailed in the fee schedule adopted by City Council.

A. Uses of land and structures, erected, altered, razed, or converted in violation of this Code, in violation of any approved site plan, special land use, PUD, rezoning, conditional rezoning, or in violation of any permit, license, or similar issued by the City are a nuisance per se. The owner, on-site manager, agent-in-charge, registered agent, and/or occupant are deemed responsible for correcting a nuisance, which must be abated in a timely manner, as determined in the sole discretion of the CED Director.

B. A first violation of (above section A) is a municipal civil infraction. A first offense is subject to a minimum $100.00 fine and any other penalties authorized by law. Second offenses within a 12-month period are punishable by a fine up to $200.00. Third and subsequent offenses are punishable by a fine up to $500.00 and a mandatory court appearance. These requirements are in addition to, and not in lieu of, all other City codes, regulations, or state law. A violation under a municipal civil infraction may be served to the owner, on-site manager, agent-in-charge, registered agent, and/or occupant in the sole discretion of the CED Director.