§ 82-589. Violations, penalties, remedies and enforcement.

(a)

Buildings or structures erected, altered, raised or converted, or uses carried on in violation of this chapter or any other violation of this chapter is declared to be a nuisance per se. Upon proper petition or complaint by the village, the county circuit court shall order the nuisance abated, and the owner, occupant or agent in charge of the building, structure or property, or the owner occupant and agent, shall be adjudged guilty of maintaining a nuisance per se. In case of any action brought to abate such a nuisance, the owner, occupant and agent in charge of the parcel shall be liable to pay the village the amounts incurred by the village to bring and maintain that action including, without limitation, actual, reasonable attorneys' fees and other legal costs.

(b)

The sanction for a violation which is a municipal civil infraction 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 Public Act No. 236 of 1961 (MCL 600.8701 et seq.), and other applicable laws. The village manager, any village police officer, zoning administrator, and all other individuals or agencies authorized by the village council are hereby designated as authorized village officials to issue municipal civil infraction citations as provided by this Code. The term "civil infraction" when used in this Code shall mean a municipal civil infraction, unless the context clearly indicates otherwise.

(1)

Unless otherwise specifically provided for a particular municipal civil infraction violation by this Code, the civil fine for a municipal civil infraction violation shall be $100.00, plus costs and other sanctions, for each infraction.

(2)

Increased civil fines shall be imposed for repeated violations by a person of any requirement or provision of this Code. As used in this section, the term "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provisions committed by a person within any 24-month period (unless some other period is specifically provided by this Code) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code, the increased fine for a repeat offense shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be $250.00, plus costs.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $500.00, plus costs.

(c)

Each day on which any violation of this Code continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.

(d)

Violations of this Code which are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty under this section shall be in addition to the abatement of the violating condition, any injunctive relief, or suspension or revocation of any permit, franchise or license.

(Ord. No. 04-07, § 1(19.09), 7-12-2004; Ord. No. 16-06, § 1, 10-10-2016)