(a)

Violation a nuisance. Buildings erected, altered, moved, razed, or converted, or any use of land or premises carried on in violation of any provision of this chapter are declared to be a nuisance per se. Any and all building or land use activities considered possible violations of the provisions of this chapter shall be reported to the zoning administrator.

(b)

Inspection of violation. The zoning administrator shall inspect each alleged violation of this chapter, order the violator in writing of required actions to correct any violation, and inform the violator in writing of rights to appeal a decision of the zoning administrator.

(c)

Correction period. All violations shall be corrected within a period of 30 days after the order to correct is issued by the zoning administrator or as such longer period of time, not to exceed six months, as this period shall be reported to the Township Attorney who shall initiate prosecution procedures.

(Zoning Ord. 2020, § 5.1, 1-5-2021)

(a)

Every person, corporation, or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter or any permit, license, or exceptions granted hereunder, or any lawful order of the zoning administrator, zoning board of appeals, planning commission or the Township Board issued in pursuance of this chapter shall be responsible for a municipal civil infraction.

(b)

The fines and penalties as set forth in section 1-45 are incorporated herein by reference.

(c)

For purposes of assessing fines and penalties only, a violation under this chapter shall be classified as a Class C municipal civil infraction.

(d)

Scope of remedies. The rights and remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law. All monies received from penalties assessed shall be paid into the Township treasury on or before the first Monday of the month next following receipt thereof by any judicial officer of the Township. All fines collected shall belong to the Township and shall be deposited in the general fund.

(Zoning Ord. 2020, § 5.2, 1-5-2021)

(a)

To ensure compliance with the provisions of this chapter and any conditions imposed thereunder, the planning commission, Township Board or zoning administrator may require that that a performance guarantee be deposited with the Township to ensure faithful completion of improvements and/or the project, in accordance with section 505 of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3505), as amended.

(b)

Improvements for which the Township may require a performance guarantee include, but are not limited to, landscaping, berms, walls, lighting, driveways and parking, acceleration/deceleration lanes, traffic control devices, sidewalks, and land reclamation activities.

(1)

The performance guarantee shall meet the following requirements:

a.

The performance guarantee shall be in the form of an irrevocable letter of credit or cash escrow for a term specified by the zoning administrator or someone acting in his place. If the applicant posts a letter of credit, it shall require only that the Township present it with a sight draft and an affidavit signed by the Township Attorney or the zoning administrator attesting to the Township's right to draw funds under it. If the applicant posts a cash escrow, the escrow instructions shall provide that the escrow agent shall have the legal duty to deliver the funds to the Township whenever the Township Attorney or zoning administrator presents an affidavit to the agent attesting to the Township's right to receive funds whether or not the applicant protests that right.

b.

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate based on the type of performance guarantee submitted, the Township shall deposit the funds in a non-interest-bearing account in a financial institution with which the Township regularly conducts business.

c.

The amount of the performance guarantee shall be 2½ times the estimated cost of the improvements or project as submitted by the applicant. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements or the project. In the event the applicant disagrees with the amount of the performance guarantee, application may be made with the Township Board to review the amount. The Township Board shall have the discretion to reduce this amount upon proper showing by the applicant that the amount was excessive or unreasonable.

d.

The entire performance guarantee shall be returned to the applicant following inspection by the zoning administrator and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent shall be held back on each element until satisfactory completion of the entire project.

e.

An amount not less than ten percent of the total performance guarantee may be retained for a period of at least one year after installation of landscape materials to ensure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the zoning administrator that all landscape materials are being maintained in good condition.

(2)

Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this chapter, the Township may complete the necessary improvements itself or by contract to an independent contractor and assess all costs of completing said improvements against the performance bond or other surety. The Township shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements 30 days prior to the commencement of said completion.

(Zoning Ord. 2020, § 5.3, 1-5-2021)