The provisions of this article shall be administered and enforced by the township board through the building official or any other employees, police officers, inspectors and officials as the township board may delegate to enforce the provisions of the article.

(Ord. No. 402, § 4, 8-23-2021)

The building official shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises to carry out his/her duties in the enforcement of this ordinance. The building official shall not have the authority to approve any plans or issue a zoning compliance permit or a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this ordinance. The building official shall require that every application for a zoning compliance permit for excavation, construction, moving, alteration, or change in type of use or the type of occupancy be accompanied by a written statement and plans or plats drawn to scale, in triplicate, and showing the following in sufficient detail to enable the building official to ascertain whether the proposed work or use is in conformance with this ordinance:

1.

The actual shape, location and dimensions of the lot.

2.

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot.

3.

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

4.

The signature of the permit holder or owner of the premises concerned.

5.

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed.

If the proposed excavation, construction, moving, alteration, or use of land as set forth in the application are in conformity with the provisions of this ordinance, the building official shall issue a zoning compliance permit. If any application for such permit is not approved, the building official shall state, in writing on the application, the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this ordinance.

Whenever an application for a building permit and/or zoning compliance permit indicates the necessity for construction of an on-site sewage disposal system and/or water well system on the premises, the building official shall not issue such permit unless the Macomb County Health Department shall have approved the site for the construction of such facilities. The building official under no circumstances is permitted to grant exceptions to the actual meaning of any clause, order or regulation contained in this ordinance to any person making application to excavate, construct, remove, alter or use either buildings, structures or land within the township. The building official shall have the authority to adopt policies and procedures in order to clarify the application of its provisions. Such policies and procedures shall be in conformance with the intent and purpose of this ordinance. The building official shall not refuse to issue a permit when the conditions imposed by this ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may result upon the granting of said permit.

The following shall apply in the issuance of any permit:

A.

Permits required. It shall be unlawful for any person to commence excavation for, or construction of, any building or structure, structural changes, repairs in any existing building or structure, or moving of an existing building without first obtaining a zoning compliance permit and a building permit from the building official. No permit shall be issued for construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this ordinance, showing that the construction proposed is in compliance with the provisions of this ordinance and the building code.

No plumbing, electrical, drainage or other permit shall be issued until the building official has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this ordinance. "Alteration" or "repair" of an existing building or structure shall not include any changes in structural members, stairways, basic construction type, kind of class occupancy, light or ventilation, means of egress and ingress, or any other changes affecting or regulated by the building code, the housing law of the State of Michigan, or this ordinance, except for minor repairs or changes not involving any of the aforesaid provisions.

B.

Permits for new use of land. A zoning compliance permit shall also be obtained for the new use of land, whether presently vacant or a change in land use is proposed.

C.

Permits for new use of buildings or structures. A zoning compliance permit shall also be obtained for any change in use of an existing building or structure to a different class or type.

D.

Certificates of zoning compliance for new, reoccupied, altered or non-conforming uses. It shall be unlawful to use, or occupy, reoccupy or permit the use or occupancy of, any structure or premises, or parts thereof, hereafter created, erected, changed, converted or wholly or partially altered or enlarged, until a certificate of zoning compliance has been issued by the building official stating that the proposed use of the structure, premises or lot conforms to the requirements of this Ordinance.

E.

The building official is authorized to grant permit extensions at his/her discretion, one or more extensions of time for additional periods not exceeding 180 days in each. The extensions shall be requested in writing prior to the expiration date and justifiable cause demonstrated. Expired permits cannot be given extensions or renewed and will be cancelled; however, a new permit may be issued at a reduced price to the original permit holder. The request to extend the permit shall not be construed as an automatic renewal. Permits are non-transferable. Work done without a valid permit shall be subject to penalties as prescribed by law.

(Ord. No. 308.4, § 40, 8-13-2018)

It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved until the building official shall have issued a certificate of occupancy or certificate of compliance stating that the provisions of this ordinance have been complied with.

A.

Certificate validity. The certificate of occupancy as required for new construction of or renovations to existing building and structures in the building code shall also constitute certificates of occupancy as required by this ordinance.

B.

Certificates for existing buildings. Certificates of occupancy may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than 90 days, unless a written extension request is received for justifiable cause prior to the expiration, nor more than five days after the building or structure is fully completed and ready for occupancy; and provided, further, that such portions of the building or structure are in conformity with the provisions of this ordinance.

C.

Temporary certificates. Certificates of temporary occupancy may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than 90 days, unless a written extension request is received for justifiable cause prior to the expiration, nor more than five days after the building or structure is fully completed and ready for occupancy; and provided, further, that such portions of the building or structure are in conformity with the provisions of this ordinance.

D.

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building official, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

E.

Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot, when such accessory buildings or structures are completed at the same time as the principal use.

F.

Certificates. Certificates of occupancy or certificates of compliance shall be applied for in writing. The certificate shall be issued within a reasonable time and after verification of all township permits have been finalized, site plan work is completed and all other governmental agencies have finalized their permits. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within a reasonable time.

The recipient of any building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof, shall notify the building official immediately upon the completion of the work authorized by such permit for a final inspection.

Amendments to this ordinance may be made from time-to-time in the manner provided in Act 110 of the Michigan Public Acts of 2006, as same may now or hereafter be amended, and in accordance with the initiatory procedure set forth hereinafter. Amendments may be initiated by the township board upon written request to the planning commission, or the planning commission may initiate amendments upon its own motion. Any person, firm or corporation affected by the provisions of this ordinance may initiate an amendment hereto by submitting the necessary forms, obtainable from the township, to the township clerk. The petition shall be processed according to the procedures adopted by the township.

A.

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition, to the township board. The factors to be considered by the planning commission shall include, but not be limited to, the following:

1.

Consistency with the goals, policies, and objectives of the master plan and any sub-area plans. If conditions have changed since the master plan was adopted, consistency with recent development trends in the area shall be considered;

2.

Compatibility of the site's physical, geological, hydrological, and other environmental features with the uses permitted in the proposed zoning district;

3.

Evidence the applicant cannot receive a reasonable return on investment through developing the property with one or more of the uses permitted under the current zoning;

4.

Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;

5.

The capacity of township's utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare of the township;

6.

The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district; and

7.

The apparent demand for the types of uses permitted in the requested zoning district in the township in relation to the amount of land in the township currently zoned to accommodate the demand.

(Ord. No. 308.5, § 5, 4-26-2021)

A.

Intent. It is recognized that there are certain instances where it would be in the best interests of the township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of Section 405 of the Zoning Enabling Act, Act 110 of the Michigan Public Acts of 2006, as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

B.

Application and offer of conditions.

1.

An owner of land may voluntarily offer, in writing, conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

2.

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

3.

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

4.

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

5.

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.

6.

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.

7.

The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the township board provided that, if such withdrawal occurs subsequent to the planning commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

C.

Planning commission review. The planning commission, after public hearing, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

D.

Township board review. After receipt of the planning commission's recommendation, the township board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. Should the township board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the township board may refer such amendments to the planning commission for a report thereon within a time specified by the township board and proceed to deny or approve the conditional rezoning with or without amendments.

E.

Factors. In reviewing any petition for a rezoning of land where there is an offer of conditions, the planning commission shall consider the factors as outlined in section 19.06.A.

F.

Approval.

1.

If the township board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the township board to accomplish the requested rezoning.

2.

The statement of conditions shall be reviewed by the township attorney and shall be in a form recordable with the register of deeds of the county in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the township board.

3.

Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The township clerk shall maintain a listing of all lands rezoned with a statement of conditions.

4.

The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the owner with the register of deeds of the county. The owner shall provide a copy of the recorded document to the township within 45 days of the date of its recording. The township board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land.

5.

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

G.

Compliance with conditions.

1.

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

2.

No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.

H.

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 24 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the township board if:

1.

It is demonstrated to the township board's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion;

2.

The township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy; and

3.

The written request shall be made to the township board requesting the extension prior to the end of the 24-month period.

I.

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection H. above, then the land shall revert to its former zoning classification.

J.

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection I. above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect.

K.

Amendment of conditions.

1.

During the time period for commencement of an approved development or use specified pursuant to subsection H. above or during any extension thereof granted by the township board, the board shall not add to or alter the conditions in the statement of conditions.

2.

The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.

L.

Township right to rezone.

1.

Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification.

2.

Any rezoning shall be conducted in compliance with this chapter and the State Zoning Enabling Act.

M.

Failure to offer conditions. The township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.

(Ord. No. 308.5, § 6, 4-26-2021)

Editor's note— Ord. No. 308.5, § 6, adopted April 26, 2021, added § 19.07 to the Code and in so doing renumbered §§ 19.07—19.12 as §§ 19.08—19.13, as set out herein.

The township board shall establish, by resolution, fees for each of the following:

A.

Inspection and certification. Fees for inspections and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this ordinance shall be collected by the township treasurer in advance of the issuance of such permits or certificates.

B.

Appeals. Any person appealing under article XVII of this ordinance in all cases shall pay the established fixed fee, plus such additional fees as may be deemed reasonable by the township board for expert services necessary to render a proper decision.

C.

Reviews. Fees for the review of site plans, special approval land uses or other matters requiring township board, planning commission or the zoning board of appeals review, under the terms of this ordinance, shall be paid to cover the cost of such reviews, including notice, publication, delivery, administration and professional services.

D.

Rezonings. Any petition for the rezoning of land requiring an amendment of the Harrison Township Zoning Ordinance shall be accompanied by a fee payable by the petitioner. Said fee shall be utilized to defray all costs, including necessary expert opinions in conjunction with the legislative review of the petition.

E.

Other. Fees for special resolutions pertaining to any matter relevant to this ordinance or for the cost of special meetings of the township board, planning commission, zoning board of appeals or building board of appeals shall be paid by the recipient or applicant prior to said resolution or meeting.

F.

Waivers. The township board may waive payment of any fees established by resolution when it finds that the necessity for an appeal, variance and/or rezoning is the result of an error or omission by the township board in enactment of this ordinance.

(Ord. No. 308.5, § 6, 4-26-2021)

Editor's note— See editor's note in § 19.07.

Any use of land or of a dwelling, building or structure, including a tent, trailer coaches, mobile homes or recreational vehicle, used, erected, altered, razed or converted in violation of any of the provisions of this zoning ordinance or a regulation adopted under it, is declared to be a public nuisance per se. The court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer, coach, mobile home, or land shall be adjudged guilty of maintaining a nuisance per se. The township supervisor or his or her designate shall administer and enforce the zoning ordinance.

Uses of land and dwellings, buildings or structures, including tents, trailer coaches and mobile homes, used, erected, altered, razed or converted in violation of any provision of this article, are hereby declared to be a nuisance per se. The court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer, coach, mobile home or land shall be adjudged guilty of maintaining a nuisance per se.

(Ord. No. 308.2, § 9, 2-26-2018; Ord. No. 308.5, § 6, 4-26-2021; Ord. No. 402, § 5, 8-23-2021)

Editor's note— See editor's note in § 19.07.

Any use of land or of a dwelling, building or structure, including a tent or recreational vehicle, used, erected, altered, razed or converted in violation of any of the provisions of this section or a regulation adopted under it is declared to be a public nuisance per se and shall be abated by order of a court of competent jurisdiction. The township supervisor or his or her designate shall administer and enforce the zoning ordinance.

(Ord. No. 308.2, § 10, 2-26-2018; Ord. No. 308.5, § 6, 4-26-2021)

Editor's note— See editor's note in § 19.07.

A.

Definitions. In this article, the following words shall have the meaning ascribed to them:

Bureau. The word "bureau" means the Charter Township of Harrison Municipal Ordinance Violations Bureau as established by this article.

Municipal civil infraction action. The words "municipal civil infraction action" mean a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.

Municipal civil infraction citation. The words "municipal civil infraction citation" mean a written complaint or notice to appear in court upon which an authorized township official records the occurrence or existence of one or more municipal civil infractions by the person cited.

Municipal civil infraction notice. The words "municipal civil infraction notice" mean a written notice prepared by an authorized township official, directing a person to appear at the Charter Township of Shelby Municipal Ordinance Violations Bureau to pay the fines and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the township.

Municipal ordinance violations bureau. The words "municipal ordinance violations bureau" mean the bureau established by section 1-16 [of the Code of Ordinances].

Repeat offense. The words "repeat offense" mean a second (or subsequent) municipal civil infraction of the same requirement or provision of this section committed by a person within any six-month period for which the person admits responsibility or is determined responsible.

B.

Municipal civil infraction action; commencement. A municipal civil infraction action may be commenced upon the issuance by an authorized township official of (1) a municipal civil infraction citation directing the alleged violator to appear in court; or (2) a municipal civil infraction notice directing the alleged violator appear at the Charter Township of Harrison Municipal Ordinance Violations Bureau, within ten days, to pay a civil fine if the alleged violator admits responsibility.

C.

Municipal civil infraction citations; issuance and service. Municipal civil infraction citations shall be issued and served by authorized township officials as follows:

1.

The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.

2.

The place for appearance specified in a citation shall be the district court.

3.

Each citation shall be numbered consecutively and shall be in a form approved by the state court administrator. The original citation shall be filed with the district court. Copies of the citation shall be retained the township and issued to the alleged violator as provided by Chapter 87 Section 8705 of the Act.

4.

A citation for a municipal civil infraction signed by an authorized township official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: "I declare under penalties of perjury that the statements above are true to the best of my information, knowledge and belief."

5.

An authorized township official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.

6.

An authorized township official may issue a citation to a person if:

a.

Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction or;

b.

Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and if the township attorney approves in writing the issuance of the citation.

7.

Municipal civil infraction citations shall be served by an authorized township official as follows:

a.

Except as provided by [subsection 1-14(7)b of the Code of Ordinances], an authorized township official shall personally serve a copy of the citation upon the alleged violator.

b.

If the municipal civil infraction involves the use or occupancy of land, a building or other structure, a copy of the citation does not need be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting the copy on the land or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by first-class mail to the owner of the land, building or structure at the owner's last known address.

D.

Municipal civil infraction citations; contents.

1.

A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.

2.

Further, the citation shall inform the alleged violator that he or she may do one of the following:

a.

Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.

b.

Admit responsibility for the municipal civil infraction "with explanation" by mail by the time specified for appearance or, in person, or by representation.

c.

Deny responsibility for the municipal civil infraction by doing either of the following:

(i)

Appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the township.

(ii)

Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.

3.

The citation shall also inform the alleged violator of all of the following:

a.

If the alleged violator desires to admit responsibility "with explanation" in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for a hearing, unless a hearing date is specified on the citation.

b.

If the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for a hearing, unless a hearing date is specified on the citation.

c.

A hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or township.

d.

At an informal hearing the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.

e.

At a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

4.

The citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the municipal civil infraction.

E.

Municipal ordinance violations bureau.

1.

The Charter Township of Harrison Municipal Ordinance Violations Bureau ("bureau) is established as authorized by Chapter 83 Section 8396 of the Act to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction notices issued and served by authored township officials, and to collect and retain civil fines and costs as prescribed by ordinance.

2.

The bureau shall be located at a site designated by the township supervisor and shall be under the supervision and control of the township supervisor. The township supervisor, subject to approval of the township board, shall adopt rules and regulations for the operation of the bureau and appoint any necessary qualified township employee(s) to administer the bureau.

3.

The bureau may dispose of municipal civil infractions for which a fine has been scheduled and for which a municipal civil infraction notice (as differentiated from a citation) has been issued. The bureau may not dispose of a municipal civil infraction citation (as differentiated from a municipal civil infraction notice.)

Nothing in this section shall prevent or restrict the township from issuing a municipal civil infraction citation for any violation or from prosecuting any action for such a violation in a court of competent jurisdiction. No person shall be required to respond to a municipal civil infraction notice at the bureau and may instead have the violation processed as a citation so that the matter will be handled by a court of competent jurisdiction. The unwillingness of any person to respond to any municipal civil infraction notice at the bureau shall not prejudice or diminish such person's rights, privileges and protections accorded by law.

4.

The bureau shall only accept admissions of responsibility for municipal civil infractions for which a municipal civil infraction notice has been issued (as differentiated from a municipal civil infraction citation). The bureau shall collect and retain civil fines and costs resulting from those admissions. The bureau shall not accept payment of a civil fine from any person who denies responsibility for the offense or who admits responsibility with an explanation. In no event shall the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to the alleged violation.

5.

Municipal civil infraction notices shall be issued and served by authorized township officials under the same circumstances and upon the same persons as provided for in subsections 2-153 of the Code of Ordinances. In addition to any other information required by this Code, the notice of violation shall indicate the time by which the alleged violator must appear at the bureau, the methods by which an appearance be made, the address and telephone number of the bureau, the hours during which the bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.

6.

An alleged violator receiving a municipal civil infraction violation notice shall appear at the bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person or by representation.

7.

If an authorized township official issues and serves a municipal civil infraction notice and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by the schedule of fines for the violations are not paid at the bureau within ten days from the date of issuance of the municipal civil infraction notice, a municipal civil infraction citation may be filed with the district court and a copy of the citation may be served by first class mail upon the alleged violator at his last known address. The citation filed with the court shall consist of a sworn complaint containing the allegations stated in the municipal civil infraction notice and shall fairly inform the alleged violator how to respond to the citation.

F.

Schedule of municipal civil infraction fines.

1.

The following schedule of fines payable to the bureau for admissions of responsibility by persons served with municipal civil infraction notices shall apply,

a.

One hundred dollars for each violation.

b.

Two hundred fifty dollars, for the first repeat offense.

c.

Five hundred dollars, for any second or subsequent repeat offense.

2.

A copy of the schedule, as amended from time to time shall be posted at the bureau.

(Ord. No. 308.2, § 11, 2-26-2018; Ord. No. 308.5, § 6, 4-26-2021)

Editor's note— See editor's note in § 19.07.

The township supervisor, township engineer, building official, code enforcement official, police officers, park rangers and such other officers, employees and other public servants designated by the township supervisor are authorized to issue and serve municipal civil infraction notices and citations as authorized by Public Act 236 of 261, as amended.

(Ord. No. 308.2, § 12, 2-26-2018; Ord. No. 308.5, § 6, 4-26-2021)

Editor's note— See editor's note in § 19.07.

The township supervisor, township engineer, building official, code enforcement official, police officers and such other officers, employees and other public servants designated by the township supervisor are authorized to issue and serve appearance tickets as provided by section 9c and 9f of Chapter IV of Act No. 175 of the Public Acts of 1927, as amended.

(Ord. No. 308.2, § 13, 2-26-2018; Ord. No. 308.5, § 6, 4-26-2021)

Editor's note— See editor's note in § 19.07.