The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Charter Township of West Bloomfield, Michigan," and may be so cited. Such Code may also be cited as the "West Bloomfield Charter Township Code."

State Law reference— Codification authority, MCL 42.20, MSA 5.46(20).

It is the legislative intent of the township board, in adopting this Code, that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the township. In the construction of this Code and any amendment thereto, the following rules shall be observed, unless the context clearly indicates otherwise:

Code. The term "this Code" or "Code" shall mean the Code of Ordinances, Charter Township of West Bloomfield, Michigan, as designated in section 1-1.

Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday or a legal holiday it shall be excluded; and when the time is expressed in hours, the whole of a Sunday or a legal holiday, from midnight to midnight, shall be excluded.

County. The term "the county" or "this county" shall mean the County of Oakland in the State of Michigan.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Month. The word "month" shall be construed to mean a calendar month.

Municipal civil infraction shall mean a violation of a provision of this Code for which the remedy and/or penalty is prescribed to be a civil fine, or other sanction other than a criminal penalty. A municipal civil infraction is not a lesser included offense of a criminal offense or of an ordinance violation that is not a civil infraction.

Municipal civil infraction determination shall mean a determination that a defendant is responsible for a municipal civil infraction by one (1) of the following:

(a)

An admission of responsibility for the municipal civil infraction.

(b)

An admission of responsibility for the municipal civil infraction, "with explanation."

(c)

A preponderance of the evidence at an informal hearing or formal hearing.

(d)

A default judgment for failing to appear at a scheduled appearance.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.

Oath, affirmation, sworn, affirmed. The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed."

Officer, department, etc. Whenever any officer, department or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the Charter Township of West Bloomfield, Michigan." Whenever, by the provisions of this Code, any officer of the township is assigned any duty or empowered to perform any act or duty, reference to such officer shall mean and include such officer or his deputy or authorized subordinate. Whenever in accordance with the provisions of this Code or any ordinance of the township, any specific act is required to be done by any designated officer or official of the township, such act may be performed by any township employee duly authorized to perform that act by such officer or official.

Person. The word "person" includes firms, joint adventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

Repeat offense shall mean a determination of responsibility for a second, or any subsequent, municipal civil infraction with regard to the same code provision, committed by the same person within any three-year period, unless some other period is specifically provided with regard to a specific Code provision.

Responsible or responsibility shall mean a determination entered by a court or magistrate that a person is in violation of a provision of this Code prescribed to be a municipal civil infraction.

Shall/may. The word "shall" is mandatory and the word "may" is permissive.

State. The term "the state" or "this state" shall be construed to mean the State of Michigan.

Tense. Words used in the present or past tense include the future as well as the present and past.

Township. The word "township" shall mean Charter Township of West Bloomfield in Oakland County, Michigan.

Township board or board. The terms "township board" or "board" shall mean the Township Board of West Bloomfield Township, Michigan.

Violation shall mean any act which is prohibited or made or declared to be unlawful or an offense under this Code, including affirmative acts as well as omissions and/or failures to act where the act is required by this Code.

Week. The word "week" shall be construed to mean seven (7) days.

Written, in writing. The words "written" or "in writing" may include any form of reproduction or expression of language.

Year. The word "year" shall be construed to mean a calendar year.

(Ord. No. C-838, § 2, 9-23-24)

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be the titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division.

Cross references, state law references, editor's notes and history notes are by way of explanation only and should not be deemed a part of the text of any section.

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance, when not inconsistent with this Code:

(1)

Promising or guaranteeing the payment of money for the township, or authorizing the issuance of any bonds of the township or any evidence of the township's indebtedness, or any contract or obligation assumed by the township;

(2)

Containing any administrative provisions of the township board;

(3)

Acquiring a specific water and sewer system;

(4)

Granting any right or franchise;

(5)

Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the township;

(6)

Making any appropriation;

(7)

Levying or imposing taxes;

(8)

Establishing or prescribing grades in the township;

(9)

Providing for local improvements and assessing taxes therefor;

(10)

Dedicating or accepting any plat or subdivision in the township;

(11)

Prescribing the number, classification or compensation of any township officers or employees;

(12)

Prescribing specific parking restrictions, no-parking zones, specific speed zones, parking meter zones, and specific stop or yield intersections or other traffic ordinances pertaining to specific streets;

(13)

Pertaining to rezoning;

(14)

Any other ordinance, or part thereof, which is not of a general and permanent nature;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the township clerk's office.

(a)

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

(b)

The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance in the township in effect on the date of adoption of this Code.

(a)

Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _______ of the Code of Ordinances, Charter Township of West Bloomfield, Michigan (or West Bloomfield Charter Township Code), is hereby amended to read as follows: …." The new provisions shall then be set out in full as desired.

(b)

If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, Charter Township of West Bloomfield, Michigan (or West Bloomfield Charter Township Code), is hereby amended by adding a section, to be numbered _______, which said section reads as follows: …." The new section shall then be set out in full as desired.

(a)

By contract or by township personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the township board. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly in the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of this Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ to _______" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

Should any provision or section of this Code be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the township board that this Code shall stand, notwithstanding the invalidity of any provision or section thereof. The provisions of this section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.

(a)

Unless a violation of this Code is specifically designated in the text of this Code to be a municipal civil infraction, a violation shall be deemed a misdemeanor.

(b)

Penalties for misdemeanors.

(1)

A person convicted of violating any provision of this Code not otherwise designated shall be guilty of a misdemeanor, and shall be sentenced by the Court for a period not to exceed ninety-three (93) days in jail and/or ordered to pay a fine not to exceed five hundred dollars ($500.00).

(2)

Continuing offense. Each act of violation, and each day upon which any such violation shall occur, shall constitute a separate offense.

(3)

Penalties not exclusive. In addition to any penalties provided for in this Code, any equitable or other remedies available may be sought.

(c)

Penalties for municipal civil infractions.

(1)

For a person found responsible for violating any provision of this Code designated as punishable by a municipal civil infraction, the following civil fines shall apply, unless a different fine is specified in connection with a particular code provision:

i.

First offense. The civil fine for a first offense violation shall be in an amount of one hundred fifty dollars ($150.00), plus costs and other sanctions, for each offense.

ii.

Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of three hundred dollars ($300.00), plus costs and other sanctions for each offense.

(2)

In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, the judge or magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions and may include all expenses, direct and indirect, which the plaintiff has incurred in connection with the municipal civil infraction, up to the entry of judgment. Costs of not more than five hundred dollars ($500.00) shall be ordered. In addition to any fine or cost ordered to be paid, the judge or district court magistrate shall order the defendant to pay a justice system assessment of ten dollars ($10.00). Upon payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasurer for deposit in the justice system fund created by MCL 600.181.

(3)

In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, and justice system assessment, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of, this Code. The district court, pursuant to MCL 600.8302(4), has equitable jurisdiction and authority concurrent with that of the circuit court in the matters and to the extent provided by this section.

(4)

Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.

(5)

Remedies not exclusive. In addition to any remedies provided for in this Code, any equitable or other remedies available may be sought.

(d)

A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.

(Ord. No. C-664, § 1, 11-17-03; Ord. No. C-838, § 1, 9-23-24)

State Law reference— Limitation on penalties, MCL 42.21.

(a)

Officers, employees and other individuals employed by and in the service of the township who are authorized by state law and/or the provisions of the ordinances of the township to enforce the provisions of such ordinances, including, but not limited to, the zoning and ordinance enforcement officers, building inspector, fire inspector, fire officer, firefighters, and their assistants, are hereby specifically authorized in accordance with state law, including MCL 764.9 et seq., to issue and serve upon a person an appearance ticket if the officer, employee or other individual employed by or in the service of the township has reasonable cause to believe that the person has committed a violation of the provisions of the ordinances of the township or state law, except where the issuance of such an appearance ticket is expressly prohibited by the provisions of the ordinances or applicable state law.

(b)

An appearance ticket, as used above, means a complaint or written notice issued and subscribed by a police officer or other officer, employee or individual employed by or in the service of the township who is by law or ordinance authorized to issue it, directing a designated person to appear in the designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance for which the maximum permissible penalty does not exceed ninety (90) days in jail and a fine of five hundred dollars ($500.00). The appearance ticket shall be numbered consecutively, be in such form as determined by the attorney general, the state court administrator and the director of the department of state police and shall consist of the following parts:

(1)

The original, which shall be a complaint or notice to appear by the officer, employee or other individual filed with the court;

(2)

The first copy, which shall be an abstract of court records;

(3)

The second copy, which shall be retained by the appropriate local enforcement agency;

(4)

The third copy, which shall be delivered to the alleged violator.

With the prior approval of such state officials, the appearance ticket may be appropriately modified as to content or number of copies to accommodate the law enforcement agency and local court procedures and practices.

(Ord. No. 119, § 1, 10-21-85)

(a)

A municipal civil infraction action may be commenced upon the issuance by an authorized official of a municipal civil infraction citation directing the person alleged to be responsible to appear in court.

(b)

The form of citations used to charge municipal civil infraction violations shall be in accordance with state law.

(c)

The basis for issuance of a municipal civil infraction citation shall be as set forth below:

(1)

An authorized official who witnesses a person violate an ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three (3) copies of a citation.

(2)

An authorized official may issue a citation to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction.

(3)

An authorized official may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed the person violate an ordinance, a violation of which is a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction and if the prosecuting attorney or other attorney of the township for whom the authorized local office is acting approves in writing the issuance of the citation.

(d)

Municipal civil infraction citations shall be served in the following manner:

(1)

Except as otherwise provided below, the authorized official shall personally serve a copy of the citation upon the alleged violator.

(2)

For a municipal civil infraction action involving the use or occupancy of land, or a building, or other structure, a copy of the citation need not be personally served upon the alleged violator but may be served upon the 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.

(3)

A citation served as provided in paragraph (b), above, for a violation involving the use or occupancy of land, or a building, or other structure, shall be processed in the same manner as a citation served personally upon a defendant.

(Ord. No. C-838, § 1, 9-23-24)

(a)

Notwithstanding any Code provisions to the contrary, after a written violation notice from a township officer, employee or agent with appearance ticket authority under section 1-11, that work on any property within the township should be stopped because it is being done in violation of a provision of this Code, a stop work order may be issued immediately when there is an imminent danger to persons, property or the environment from the violation. In other situations, a stop work order may be issued if the property owner or such owner's agent does not appear at the township as specified in the notice and show or demonstrate good cause for it being issued. The notice shall allow at least one (1) full township business day for the appearance. If a stop work order is issued, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work by being posted upon the property in a manner which will be in plain view of any person doing work upon the property. The stop work order shall state the scope of the stop work order and state the conditions under which work may be resumed.

(b)

Any person who shall perform any work on or about the property after having been served with a stop work order or otherwise having notice of the stop work order, except such work as that person is directed by the township to perform to remove a violation or unsafe condition, shall be liable to a fine not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail for a period not to exceed ninety (90) days, or both, at the discretion of the court. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense.

(c)

Any person who shall remove a posted stop work order notice placed upon any premises shall be responsible for a municipal civil infraction and, upon a determination of responsibility, shall be subject to the punishment listed in section 1-10 of this Code.

(Ord. No. C-133, § 1, 5-3-88; Ord. No. C-762, § 1, 6-4-12; Ord. No. C-762-A, § 1, 5-21-18; Ord. No. C-838, § 1, 9-23-24)

(a)

The township board is hereby authorized to appoint by motion or resolution any person or persons as ordinance enforcement officers for such term or terms as may be designated in the motion or resolution for purposes of carrying out the duties and responsibilities specified in this Code for officials charged with the enforcement of this Code. The board may further, by motion or resolution, remove any person from such office, in the discretion of the board.

(b)

An appointed ordinance enforcement officer is authorized to enforce all provisions of this Code, whether or not any particular provision specifies or designates a different enforcing official. Where a particular officer is designated in any code provision, that officer's authority shall continue in full force and effect, and shall not be diminished or impaired by the terms of this section, and the authority of the ordinance enforcement officer shall be in addition and supplementary to the authority granted to such other specific officer.

(c)

The ordinance enforcement officer's duties shall include the following: Investigation of code violations; issuance and service of code violations; issuance and service of municipal civil infraction citations; appear in court or other judicial or quasi-judicial proceeding in this administration of this Code.

(Ord. No. C-838, § 1, 9-23-24)

In the event a person issued a municipal civil infraction citation fails to appear for any scheduled appearance, a default judgment may be entered against the person pursuant to MCL 600.8723.

(Ord. No. C-838, § 1, 9-23-24)