A.

Any person, persons, firm or corporation, or anyone acting in behalf of said person, persons, firm or corporation, who shall violate any of the provisions of this ordinance, or who fail to comply with any of the regulatory measures or conditions of the zoning board of appeals or the township board, adopted pursuant hereto, shall, upon conviction thereof, be subject to a fine of not more than $500.00 or 90 days in jail or both and the costs of prosecution at the discretion of the court. Each day such violation continues shall be deemed a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this 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 ordinance, 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.

B.

Municipal civil infraction.

It is unlawful and constitutes a municipal civil infraction for any person to violate or fail to comply with the following provisions:

The sanction for a municipal civil infraction citation shall be a civil fine in the amount provided by this Code, plus any costs, damages, expenses, and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended and other applicable laws.

(1)

Unless otherwise specifically provided by this ordinance, the fine for each violation shall be not less than $100.00 or more than $200.00.

(2)

An increased fine may be imposed by the court for each repeat offense in accordance with the following:

(A)

The fine for any offense that is a first repeat offense shall be no less than $250.00 nor more than $400.00.

(B)

The fine for any second repeat offense or any subsequent repeat offense shall be no less than $500.00.

(C)

In addition to all other remedies, the township may commence and prosecute appropriate actions or proceedings in court to restrain or prevent any noncompliance with or violation of any of the provisions of this ordinance, or to correct, remedy or abate such noncompliance or violation.

(Ord. No. 212.86, § 2, 6-7-2011)

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 ordinance 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. 212.86, § 6, 6-7-2011)

Sections of this ordinance shall be deemed to be severable and should any section, paragraph or provision thereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this ordinance as a whole or any part hereof, other that the part so declared to be unconstitutional or invalid.

(Ord. No. 212.86, § 7, 6-7-2011)

A.

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

Bureau. The word "bureau" means the Charter Township of Shelby 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 ordinance 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 Shelby 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:

(a)

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

(b)

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

(c)

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.

(d)

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."

(e)

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.

(f)

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

(1)

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

(2)

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.

(g)

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

(1)

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.

(2)

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.

(a)

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.

(b)

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

(1)

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

(2)

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

(3)

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.

(c)

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

(1)

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.

(2)

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.

(3)

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

(4)

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.

(5)

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

(d)

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.

(a)

The Charter Township of Shelby 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.

(b)

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.

(c)

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 chapter 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.

(d)

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.

(e)

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 1-14(7)a. and b. 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.

(f)

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.

(g)

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.

(a)

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

(1)

One hundred dollars for each violation.

(2)

Two hundred fifty dollars, for the first repeat offense.

(3)

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

(b)

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

(Ord. No. 212.86, § 3, 6-7-2011)

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. 212.86, § 4, 6-7-2011)

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. 212.86, § 5, 6-7-2011)