MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD AUGUST 28, 2000, 7:30 p.m.
The meeting was called to order at 7:30 p.m. by Chairperson Henry Hilbrand.
Prayer for guidance by James Holtvluwer.
Present: Henry Hilbrand, Daniel Carlton James Holtvluwer, Delwin South, R. J. Poel,
Bernard Mackus
Absent: Stanley Sterk
#000828-01 - Minutes of the Regular Board Meeting held on August 14, 2000
Moved by Daniel Carlton, seconded by James Holtvluwer, to approve the minutes of August 14, 2000, as submitted, with the correction to Motion #000814-05 that Del South voted "yes."
MOTION CARRIED.
#000828-02 - Agenda for August 28, 2000
Moved by R. J. Poel, seconded by Daniel Carlton, to approve the agenda for August 28, 2000, as presented.
MOTION CARRIED.
#000828-03 - Public Comment
No one was present to speak on items not on the agenda.
#000828-04 - Communications, letters and reports: Received for information, filed.
#000828-05 - Second Reading and Adoption of General Ordinance No. 2000-03,
Municipal Civil Infractions
Moved by Del South, seconded by James Holtvluwer, to read for the second time and to adopt General Ordinance No. 2000-03, Municipal Civil Infractions, as follows:
ORDINANCE NO. 2000-03
MUNICIPAL CIVIL INFRACTIONS
The Charter Township of Georgetown ordains:
The Georgetown Township Code of Ordinances is amended as follows:
Sec. 1-11. General penalty for violation of Code; continuing violations.
(a) Unless another penalty is expressly provided by this Code for any particular provision or section, every person who violates any provisions of this code, or any rule or regulation adopted or issued pursuant thereto, is responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines, and court costs in an amount of not less than $50.00, nor more than $500.00. Equitable relief may also be awarded as permitted by Michigan law. .convicted of a violation of any provision of this Code, or any rule or regulation adopted or issued pursuant thereto, shall be punished by a fine of not more than $500.00 and costs of prosecution, or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a new and separate offense.
6-27. Penalty for violation of article.
Any person who violates this article is responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law.shall be subject to punishment, upon conviction, as prescribed in section 1-11.
(Ord. No. 117, § III, 11-25-68)mitation on penalties, MCL 42.21, MSA 5.46(21).
Sec. 10-52. Penalty for violation of article.
(a) Any person who shall violate a any provision of this article, or who fails shall fail to comply with any of the requirements of this article or who shall erect, construct, alter or repair any electrical system, or installation in violation of an approved plan or directive of the electrical official or of a permit or certificate issued under the provisions of this article shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. guilty of a misdemeanor, punishable by a fine of not more than $100.00 or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
International Mechanical Code
Sec. 10-82. Additions, insertions, and changes.
The following sections are hereby revised:
Section 108.4. Insert $500.00, 90 days.
Section 108.5. Insert: $500.00, 90 days
Section 108.4. Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate, issued under the provisions of this code, shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. guilty of a {specify offense}, punishable by a fine of not more than $500.00 dollars, or by imprisonment not exceeding 90, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. No. 146, § 2, 9-23-96)
Section 108.5. Stop work order. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorize to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as a person is directed to perform to remove a violation or unsafe condition shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. liable to a fine of not less than $500.00 or more than $500.00. Each day that a violation continues shall be deemed a separate offense.
BOCA National Property Maintenance Code.
Sec. 10-127. Additions, insertions and changes.
The BOCA National Property Maintenance Code is amended and revised in the following respects:
Section PM-101.1. Insert: Charter Township of Georgetown.
Section PM-106.2. Insert: $500.00 in two locations.
PM-106.2 Penalty: Any person who shall violate a provision of this code shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. , upon conviction thereof, be subject to a fine of not less than $500.00 nor more than $500.00 or imprisonment for a term not to exceed {number} days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Sec. 10-176. Penalty for violation of article.; misdemeanor.
Any party who moves a building in violation of this article shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. guilty of a misdemeanor and shall be punished in the same way as provided for a violation of the township zoning ordinance.
(Ord. No. 105, § VII, 12-15-59)
Sec. 10-201. Penalty for violation of article.
Any person who shall violate violates any provision of this article or fail to comply with any of its requirements shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. liable to a fine not to exceed $100.00 or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day upon which that a violation continues of the provisions of this article shall occur shall be deemed a separate offense violation for the purpose of this article.
(Ord. No. 148, art. IV, 11-26-90)
Sec. 14-28. Any person who violates any provision in this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines plus court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense.
Sec. 16-3. Penalty for violation of this article.
A person or entity who violates in violation of this article will be subject to a fine of $1,000.00 per day, that when collected, shall become a part of the general fund of the township. The violation of this article shall be a municipal civil infraction and the fine shall be a civil fine.shall be responsible for a municipal civil infraction shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law.
(Ord. No. 9806, 6-22-98)
Sec. 18-3. Penalty for violation of chapter.
Any person who violates any provision convicted of a violation of this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense. sentenced to a fine not to exceed $100.00, and/or imprisonment for a term not to exceed 90 days.
(Ord. No. 131, § 21, 5-10-76)
Sec. 18-21. Penalty.
Any person convicted of violation of this chapter shall be sentenced to a fine not to exceed $100.00, and/or imprisonment for a term not to exceed 90 days.
Sec. 26-27. Penalty for violation of article.
Any person who violates any provision of this article chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues, shall be deemed a separate offense. , upon conviction, be subject to punishment of a fine not to exceed $500.00, or for imprisonment in the county jail for a period not to exceed 90 days, or both, at the discretion of the court.
(Ord. No. 136, art. VIII, 11-27-78)
Sec. 26-84. Enforcement.
Sec. 34-4. Any person who violates this article shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law.
Sec. 34-94. False report or alarm of fire.
No person shall willfully turn in, sound or cause to be communicated to the fire department a false report or alarm of fire. Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine in an amount of not more than $500.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment.
Sec. 34-147. Any person who violates this article shall be responsible for a civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense.
(Ord. No. 156, art. XIII, § 1306, 2-11-91)
Sec. 34-94. False report or alarm of fire.
No person shall willfully turn in, sound or cause to be communicated to the fire department a false report or alarm of fire. Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine in an amount of not more than $500.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment.
Sec. 38-1. Penalty for violation of chapter.
Any person who violates violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine in an amount of not more than $500.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment. , upon conviction, shall be punished by a fine not exceeding $500.00 and cost of prosecution or by imprisonment in the county jail for a period not to exceed 90 days, or both such fine and imprisonment in the discretion of the court.
(Ord. No. 135, § IV, 10-23-78)
Sec. 38-71. Breach of peace.
Any person who shall make or assist in making any noise, disturbance, trouble, or improper diversion, or any rout or riot, by which the peace and good order of the city are township is disturbed, shall be guilty of a breach of the peace, and disorderly conduct misdemeanor.
(Ord. No. 135, § IIA(9), 10-23-78)
State law reference(s)--Disturbing public places, MCL 750.170, MSA 28.367.
Sec. 38-171. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.101 600.8701 et seq., MSA 27A.101 et seq.), as amended.
Authorized city township official means a police officer or other personnel of the township authorized by this article or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.
Bureau means the Township Municipal Ordinance Violations Bureau, 58th District Court, as established by this article.
Municipal civil infraction action means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
Municipal civil infraction citation means a written complaint or notice prepared by an authorized city township official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
Municipal civil infraction violation notice means a written notice prepared by an authorized city township official, directing a person to appear at the township Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the city township, as authorized under sections 8396 and 8707(6) of the Act.
(Ord. No. 384, § I(119.2), 7-21-94)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 38-172. Designation of authorized city township officials.
The following personnel of the township have the authority to issue municipal civil infraction citations and municipal civil infraction violation notices, pursuant to this article:
(1) Police officers.
(2) Fire chief.
(3) Building/zoning inspector.
(4) Plumbing inspector.
(5) Mechanical inspector.
(6) Electrical inspector.
(7) Code enforcement officer.
(8) Township supervisor.
(9) Department of public works director.
(10) Township clerk.
(Ord. No. 384, § I(119.3), 7-21-94)
Sec. 38-173. Commencement of action.
A municipal civil infraction action may be commenced upon the issuance by an authorized city township official of a municipal civil infraction citation directing the alleged violator to appear in court, or a municipal civil infraction violation notice, directing the alleged violator to appear at the township Municipal Ordinance Violations Bureau.
(Ord. No. 384, § I(119.4), 7-21-94)
Sec. 38-174. Citations--Issuance and service.
Municipal civil infraction citations shall be issued and served by authorized city township officials as follows:
reasonable time after the citation is issued.
(2) Appearance place. The place for appearance shall be specified in the citation.
(3) Numbering. Each citation shall be numbered consecutively and shall be in a form approved by the state court administrator. The original citation shall be retained by the township and issued to the alleged violator as provided by section 8705 of the Act.
(4) Oath. 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 the penalties of perjury that the statements above are true to the best of my information, knowledge and belief."
(5) Duty of person witnessing civil infraction. 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) Reasons for issuance. 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) Service. Municipal civil infraction citations shall be served by an authorized township official as follows:
a. Except as provided by subsection (7)b of this section, an authorized city township official shall personally serve a copy of the citation upon the alleged violator.
b. If the municipal civil infraction action involves the use or occupancy of land, a building or other structure, a copy of the citation does not need to 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 of the citation 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.
(Ord. No. 384, § I(119.5), 7-21-94)
Sec. 38-175. Same--Contents.
(a) A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction township ordinance alleged to have been violated, 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 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:
a. 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.
b. 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 an appearance.
(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 to appear 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 the 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 boldface 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.
(Ord. No. 384, § I(119.6), 7-21-94)
Sec. 38-176. Municipal ordinance violations bureau.
(a) Established. The township hereby establishes a municipal ordinance violations bureau (bureau), as authorized under section 8396 of the Act to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized city township officials, and to collect and retain civil fines and costs as prescribed by this article or any ordinance.
(b) Location; supervision; employees; rules and regulations. The bureau shall be located at the township offices 58th District Court, 3100 Port Sheldon, and shall be under the supervision and control of the director of public safety 58th District Court. The director of public safety, 58th District Court, subject to the approval of the township, shall adopt rules and regulations for the operation of the bureau.
(c) Disposition of violations. The bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled and for which a municipal civil infraction violation notice, as compared with a citation, has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the bureau. Nothing in this article shall prevent or restrict the city township from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in a court of competent jurisdiction. No person shall be required to dispose of a municipal civil infraction violation at the bureau and may have the violation processed before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the bureau shall not prejudice the person or in any way diminish the person's rights, privileges and protection afforded by law.
(d) Bureau limited to accepting admissions of responsibility. The scope of the bureau's authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The bureau shall not accept payment of a fine from any person who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.
(e) Municipal civil infraction violation notices. Municipal civil infraction violation notices shall be issued and served by authorized township officials under the same circumstances and upon the same persons as provided for citations in section 38-174(6) and (7). In addition to any other information required by this article or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the bureau, the methods by which an appearance may 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) Appearance; payment of fines and costs. 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) Procedure where admission of responsibility not made or fine not paid. If an authorized township official issues and serves a municipal ordinance violation 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 violation are not paid at the bureau, 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 the alleged violator's last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by sections 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.
(Ord. No. 384, § I(119.7), 7-21-94)
Sec. 38-177. Failure to appear; penalty for violation of article.
A person served with a municipal civil infraction citation, as provided in section 38-174(7) who fails to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is guilty of a misdemeanor, punishable by a fine of not more than $500.00. Failure to appear will also result in the entry of a default judgment on the municipal civil infraction.
(Ord. No. 384, § I(119.8), 7-21-94)
Sec. 38-178. Schedule.
The following violations are civil infractions under this Code and are listed in the Schedule of Civil Fines (See Appendix C):
Subject Section(s) Fine
this Code
Zoning Ordinance 1-5(12)
General penalty 1-11
Dog ordinance 6-27
Electrical Code 10-52
Mechanical Code 10-82
Property Maintenance Code 10-127
Moving of Buildings 10-176
Swimming pools 10-201
Junk yard 14-28
Cable ordinance 16-1--16-3 $1000.00/day
Cemeteries 18-3
Dikes 26-27
Mineral mining 26-84(f)
Fire fighting equipment 34-4
Open burning 34-147
Parks and Recreation 42-3
Solid waste 46-4
Water system 58-28
Utilities 58-111(b)
Control of weeds and plant growth 62-28 $100.00
Sec. 42-3. Any person who violates this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law.
Sec. 46-4. Any person who violates this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense.
Sec. 58-28. Penalty for violation of article.
Any person who violates any provisions of this article shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense. subject to punishment for such violation of a fine not to exceed $500.00, or imprisonment in the county jail not to exceed 90 days, or both, at the discretion of the court.
(Ord. No. 153, art. XXII, 11-27-89)
Sec. 58-111. Penalty for violation of article.
(b) Any person who shall violate violates any provision of this article shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. upon conviction of such violation, be punished by a fine not to exceed $500.00, or by imprisonment for a period not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the court. Each day in which any violation shall continue shall be deemed a separate offense.
(Ord. No. 150, art. XX, §§ 2001, 2002, 9-11-89)
Sec. 58-157. Penalty for violation of division.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division, shall be guilty of a misdemeanor and shall be punished by a fine in an amount of not more than $500.00 or imprisonment for not more than 90 days or both such fine and imprisonment. , upon conviction, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court.
(Ord. No. 150, art. VIII, § 806, 9-11-89)
Sec. 62-28. Duties of commissioner.
(c) An owner, agent or occupant who refuses to destroy noxious weeds as provided for in this ordinance chapter shall be subject to responsible for a municipal civil infraction and she be punished by a fine as set forth in the Schedule of Civil Fines and court costs. Equitable relief may also be awarded as permitted by Michigan law. of not more than $100.00 , that when collected, shall become a part of the general fund of the township. The refusal to destroy noxious weeds as provided in this ordinance shall be a municipal civil infraction and the fine shall be a civil fine. Each day that a violation continues shall be deemed a separate offense.
Severability. The various parts, sections and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
Effective Date. Ordinance No. 2000-03, Municipal Civil Infraction Ordinance, was read for the first time on August 14, 2000, advertised on August 22, 2000, read for the second time and adopted on August 28, 2000. The ordinance was advertised for the second time on September 5, 2000, to be effective 30 days from publication, on October 5, 2000.
Note: As recommended by the Services Committee
Yeas: Henry Hilbrand, Daniel Carlton, James Holtvluwer, R. J. Poel, Del South,
Bernard Mackus
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#000828-06 - Adopt a Schedule of Civil Fines for Municipal Civil Infractions
Moved by R. J. Poel, seconded by James Holtvluwer, to adopt a Schedule of Civil Fines for Municipal Civil Infractions as follows:
Appendix C
Schedule of Civil Fines:
Sections of Code Subject Fine (in dollars)
1-5(12) Zoning Ordinance 1st offense-100 to 500
2nd & more-500 to 1000
(plus all other costs, damages, and expenses provided by law)
1-11 General penalty 1st offense 50
2nd offense 150
3rd offense 250
6-27 Dog ordinance 1st offense 50
2nd offense 100
3rd offense 250
10-52 Electrical Code 1st offense 100
2nd offense 250
3rd offense 500
10-82 Mechanical Code 1st offense 500
2nd offense 750
3rd offense 1000
2nd offense 500-750
3rd offense 750-1000
10-176 Moving of Buildings 1st offense 250
2nd offense 500
3rd offense 1000
10-201 Swimming pools 1st offense 50
2nd offense 100-150
3rd offense 300
14-28 Junk yard 1st offense 100
2nd offense 250
3rd offense 500
16-1 -- 16-3 Cable ordinance $1000.00/day
18-3 Cemeteries 1st offense 100
2nd offense 250
3rd offense 500
26-27 Dikes 1st offense 100
2nd offense 250-500
3rd offense 500-750
26-84(f) Mineral mining 1st offense 250
2nd offense 500
3rd offense 750
34-4 Fire fighting equipment 1st offense 100
2nd offense 250
3rd offense 500
34-147 Open burning 1st offense 100 + cost
2nd offense 250
3rd offense 500
42-3 Parks and Recreation 1st offense 100
2nd offense 250
3rd offense 500
46-4 Solid waste 1st offense 100
2nd offense 250
3rd offense 500
58-28 Water system 1st offense 100
2nd offense 250
3rd offense 500
58-111(b) Utilities 1st offense 100
2nd offense 250
3rd offense 500
62-28 Control of weeds and plant growth 1st offense 50
2nd offense 100
3rd offense 250
For purposes of the Schedule of Civil Fines and unless specifically addressed elsewhere in the ordinance, a subsequent offense shall mean a violation of the provisions of the ordinance committed by the same person or entity within a twelve month period of a previous violation of the same provision of the ordinance for which said person or entity admitted responsibility, or was adjudicated to be responsible; provided, however, that offenses committed on subsequent days within a period of one week following the issuance of a municipal civil infraction for a first offense shall all be considered separate first offenses. Each day during which any violation continues shall be deemed a separate offense.
Note: As recommended by the Services Committee
Yeas: Henry Hilbrand, Daniel Carlton, R. J. Poel, James Holtvluwer, Del South
Bernard Mackus
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#000828-07 - Special Use Permit (SUP0016) Ottawa County Road Commission-2232
Chicago Dr.
Moved by James Holtvluwer, seconded by Del South, to approve Special Use Permit (SUP0016) Ottawa County Road Commission, Rosy Mound Dr. at US 31, to have a municipal building and service installation, under Section 16.3(K), on a parcel of land described as P.P.# 70-14-27-100-007, in a (HS) Highway Service Commercial district, located at 2232 Chicago Dr., because the request meets all general and specific standards of the ordinance.
Note: As recommended by the Planning Commission. The Planning
Commission approved the site plan with the condition that pine trees be planted between the first four Maple trees east of the east driveway.
MOTION CARRIED.
#000828-08 - Unfinished Business-Rezoning (REZ0002) To change from (LDR)
Low Density Residential to (HDR) High Density Residential
Moved by R. J. Poel, seconded by James Holtvluwer, to remove Motion #000124-09 from the table.
MOTION CARRIED.
Moved by James Holtvluwer, seconded by Bernard Mackus, to approve Rezoning (REZ0002) To change from (LDR) Low Density Residential to (HDR) High Density Residential a parcel of land described as P.P.# 70-14-26-400-050 and part of 70-14-26-200-050, located at 5953 and 5955 8th Ave., for the following reasons: the site is remote and isolated, the transition zoning from NS is really an error, the property is adjacent to other property zoned HDR, it is the best usage of the site, it continues the HDR of the entire parcel rather than having a split parcel, and this is consistent and compatible with the existing property to the north, south and west of the site.
Note: As recommended by the Planning Commission.
Yeas: Del South, Bernard Mackus, James Holtvluwer, R. J. Poel, Henry Hilbrand
Nays: Daniel Carlton
Absent: Stanley Sterk
MOTION CARRIED.
#000828-09 - Planned Unit Development (PUD0001) Fairway Estates Limited
Partnership, 2905 Wilson Ave., is requesting to amend a Planned Unit Development to expand the existing Fairway Estates/Gleneagle PUD for condominium use, under Chapter 22, in a (LDR) Low Density Residential District, on parcels of land described as P.P.# 70-14-26-400-024, -047, -048, -053, -059, located at 957, 1015, 1003, and 1033 Parsons, and 5923 8th Ave.
Moved by James Holtvluwer, seconded by Del South, to attest to the fact that the proposed expansion of the Gleneagle PUD conforms with the Purpose and Objectives of the Zoning Ordinance and the Land Use Plan, and to table the request for PUD approval pending full application by the applicant to the Planning Commission.
Note: As recommended by the Planning Commission
MOTION CARRIED.
#000828-10 - Bid for Tennis Court Coating and Striping
Moved by R. J. Poel, seconded by James Holtvluwer, to accept and approve the bids for coating and striping of four tennis court locations in Township Parks:
Maplewood-$2,811.06, Pioneer Park-$3,147.49, Woodcrest-$3,038.86, Rush Creek-$3,030.30
Note: Recommended by Services Committee, this is a budgeted item
MOTION CARRIED.
#000828-11 - Bid for Sidewalk Improvements on Rosewood St.
Moved by Daniel Carlton, seconded by R. J. Poel, to approve the low bid of $85,131.50 from Ted Miedema Contractors, Inc., for sidewalk improvements on Rosewood St., 28th Ave. east to Hidden Hills Drive (north side), 28th Ave. east to Eric Ave. (south side)
MOTION CARRIED.
#000828-12 - Final Preliminary Plat of Grand View Estates
Moved by James Holtvluwer, seconded by Del South, to grant final preliminary plat approval (construction) for Grand View Estates, Part of the SE 1/4 of Section 17, T6N, R13W, Georgetown Township, Ottawa County, Michigan.
Note: Application, Ottawa County Road and Drain Commission approvals,
signed street light petition, letter acknowledging that the applicant will comply with the sidewalk ordinance, and Letter from Prein & Newhof were received and are on file in the office.
MOTION CARRIED.
#000828-13 - Final Preliminary Plat of Highpoint Acres No. 8
Moved by Daniel Carlton, seconded by R. J. Poel, to grant final preliminary plat approval (construction) for Highpoint Acres No. 8, Part of the NE 1/4 of Section 20, T6N, R13W, Georgetown Township, Ottawa County, Michigan.
Note: Application, Ottawa County Road and Drain Commission approvals,
signed street light petition, letter acknowledging that the applicant will comply with the sidewalk ordinance, and Letter from Prein & Newhof were received and are on file in the office.
MOTION CARRIED.
#000828-14 - Reports from Standing Committees
Services Committee minutes of August 21, 2000 were presented.
R. J. Poel stated that he had attended a meeting in Lansing with the DNR regarding a grant for parks.
James Holtvluwer stated that the Senior Center Director received a grant for $243,000 for three new buses that each can hold up to twenty people.
#000828-15 - Monthly Bills
Moved by R. J. Poel, seconded by James Holtvluwer, to approve payment of bills as presented.
MOTION CARRIED.
#000828-16 - Meeting adjourned at 7:50 p.m.
Henry Hilbrand, Supervisor
R. J. Poel, Clerk