Buena Vista Charter Township Municipal Violations Bureau Ordinance #266

July 29, 2015

ORDINANCE NO. 266

 BUENA VISTA CHARTER TOWNSHIP

 COUNTY OF SAGINAW, STATE OF MICHIGAN                                                                                                      

 BUENA VISTA CHARTER TOWNSHIP MUNICIPALVIOLATIONS BUREAU ORDINANCE    


An Ordinance adopted pursuant to 1994 Public Act No. 12 to establish a Municipal Ordinance Violations Bureau for the purpose of accepting admissions of responsibility for ordinance violations designated as municipal civil infractions for which municipal ordinance violation notices have been issued and served by authorized officials; to collect and retain civil fines/costs for such violations as prescribed herein; and to repeal all conflicting ordinances or parts of ordinances.


BUENA VISTA CHARTER TOWNSHIP

SAGINAW COUNTY, MICHIGAN

ORDAINS:


SECTION 1

TITLE

This ordinance shall be known and cited as the Buena Vista Charter Township Municipal Ordinance Violations Bureau Ordinance.

SECTION 2

ESTABLISHMENT, LOCATION AND PERSONNELOF MUNICIPAL ORDINANCE VIOLATIONS BUREAU


A.        Establishment.  The Buena Vista Charter Township Municipal Ordinance Violations Bureau (hereafter “Bureau”) is established pursuant to 1994 Public Act 12 (MCL 600.8396), as it may be amended from time to time, for the purpose of accepting admissions of responsibility for ordinance violations designated as municipal civil infractions, and to collect and retain civil fines/costs for such violations as prescribed herein. B.        Location.  The Bureau shall be located at 3438 Genei Street, Saginaw, Michigan or such other location in the Township as may be designated by the Township Board.

C.        Personnel.  All personnel of the Bureau shall be Township employees.  The Township Board may by resolution designate a Bureau Clerk with the duties prescribed in this Ordinance and as otherwise may be delegated by the Township Board.

SECTION 3

BUREAU AUTHORITY

The Bureau shall only have the authority to accept admissions of responsibility (without explanation) for municipal civil infractions for which a municipal ordinance violations notice (as compared to a citation) has been issued and served, and to collect and retain the scheduled civil fines/costs for such violations specified pursuant to this Ordinance or other applicable ordinance.  The Bureau shall not accept payment of fines/costs from any person who denies having committed the alleged violation or who admits responsibility only with explanation.  The Bureau shall not determine or attempt to determine the truth or falsity of any fact or matter relating to an alleged ordinance violation.

SECTION 4

ORDINANCE VIOLATION NOTICE REQUIREMENTS

ADMISSION/DENIAL OF RESPONSIBILITY

A.        Ordinance Violation Notice Requirements.  Municipal civil infraction violation notices shall be issued and served by authorized Township officials as provided by law.  A municipal ordinance violation notice shall include, at a minimum, all of the following:

1.         The violation;

2.         The time within which the person must contact the Bureau for purposes of admitting or denying responsibility for the violation;

3.         The amount of the scheduled fines/costs for the violation;

4.         The methods by which the violation may be admitted or denied;

5.         The consequences of failing to pay the required fines/costs or contact the Bureau within the required time;

6.         The address and telephone number of the Bureau;

7.         The days and hours that the Bureau is open.

B.        Denial of Responsibility.  Where a person fails to admit responsibility (without explanation) for a violation within the jurisdiction of the Bureau and pay the required civil fines/costs within the designated time period, the Bureau Clerk or other designated Township employee(s) shall advise the Complainant to issue and file a municipal civil infraction citation for such violation with the court having jurisdiction of the matter.  The citation filed with the court shall consist of a sworn complaint containing, at a minimum, the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.  A copy of the citation may be served by first class mail upon the alleged violator at the alleged violator’s last known address.  The citation shall be processed in the manner required by law.

SECTION 5

SCHEDULE OF CIVIL FINES/COSTS

Unless a different schedule of civil fines is provided for by an applicable ordinance, the civil fines payable to the Bureau upon admissions of responsibility by persons served with municipal ordinance violation notices shall be determined pursuant to the following schedule:

Minimum Fine
  1st Violation         95.00
  2nd Violation        125.00
  3rd Violation

250.00

4th and Subsequent Violation

400.00

*THE SAGINAW COUNTY DISTRICT COURT SHALL EXERCISE ITS DISCRETION IN SETTING THE APPROPRIATE FINE.  FOURTH OR SUBSEQUENT VIOLATIONS ARE NOT SUBJECT TO PAYMENT AT VIOLATIONS BUREAU.   In addition to the above-prescribed civil fines, costs in the amount of $10.00 shall be assessed by the Bureau if the fine and costs are paid within 10 days of the date of service of the municipal ordinance violation notice.  Otherwise, costs of $20.00 shall be assessed by the Bureau.

SECTION 6

RECORDS AND ACCOUNTING

The Bureau Clerk or other designated Township official/ employee shall retain a copy of all municipal ordinance violation notices, and shall account to the Township Board once a month or at such other intervals as the Township Board may require concerning the number of admissions and denials of responsibility for ordinance violations within the jurisdiction of the Bureau and the amount of fines/costs collected with respect to such violations.  The civil fines/costs collected shall be delivered to the Township Treasurer at such intervals as the Treasurer shall require, and shall be deposited in the general fund of the Township.

SECTION 7

AVAILABILITY OF OTHER ENFORCEMENT OPTIONS

Nothing in this Ordinance shall be deemed to require the Township to initiate its municipal civil infraction ordinance enforcement activity through the issuance of an ordinance violation notice.  As to each ordinance violation designated as a municipal civil infraction the Township may, at its sole discretion, proceed directly with the issuance of a municipal civil infraction citation or take such other enforcement action as is authorized by law.

SECTION 8

SEVERABILITY

The provisions of this Ordinance are severable and if any part is declared invalid for any reason by a court of competent jurisdiction it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

SECTION 9

REPEAL

All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

SECTION 10

EFFECTIVE DATE

This Ordinance shall take effect 30 days following publication as required by law following adoption by the Township Board.

ADOPTED:

YEAS: __________________________________

NAYS: _________________________________

ABSENT: _______________________________

This Ordinance is hereby declared to have been adopted by Buena Vista Charter Township Board, County of Saginaw, State of Michigan, at a regular meeting held on the ____ day of May, 2015 and ordered to be given publication in the manner prescribed by law.

__________________________

Dwayne A. Parker, Supervisor

__________________________

Gloria Platko, Clerk

CERTIFICATION

  STATE OF MICHIGAN) COUNTY OF SAGINAW)   I, the undersigned, Township Clerk for the Buena Vista Charter Township, Saginaw County, Michigan, do hereby certify that Ordinance No. ________, adopted by Buena Vista Charter Township Board of Trustees of said Township on the ______ day of May, 2015, was recorded in full in the Minutes of Meeting of said Township Board of Trustees on said date, and was signed by the Clerk of Buena Vista Charter Township.

Dated: ________________, 2015

______________________________

Gloria Platko, Clerk

Date of Publication: Newspaper: