§ 1-15. General penalties and sanctions for violations of Code and city ordinances; continuing violations; injunctive relief.

(a)

For the purposes of this section, the term "violation of this Code" shall mean any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a violation by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense or a violation, or by ordinance or by rule or regulation authorized by ordinance.

(b)

Any provision of this Code that is made or declared to be a misdemeanor, civil infraction or municipal civil infraction is a violation of this Code.

(c)

For the purposes of this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d)

Except as specifically provided otherwise by state law or city ordinance, all violations of this Code are misdemeanors. Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500.00 and costs of prosecution, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days, is punishable by a fine not to exceed $500.00 and costs of prosecution, or by imprisonment for a period of not more than 93 days, or by both such fine and imprisonment.

(e)

The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Code or any ordinance, 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. Unless otherwise specifically provided for, a particular municipal civil infraction violation by this Code or any ordinance, the civil fine for a violation shall not be less than as set out in the fine schedule in subsection (d) of this section. In addition, the district court may issue and enforce any judgment, writ, or order necessary to enforce the Code and/or city ordinance.

(f)

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

(g)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise, or other administrative sanctions.

(h)

Violations of this Code that 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 does not prevent injunctive relief or civil or quasi-judicial enforcement.

(Code 1988, § 1.13; Ord. No. 409, § 1, 5-19-1998; Ord. No. 433, § 1, 10-19-1999; Ord. No. 563, § 1, 4-29-2014)

State law reference

Penalty for ordinance violations, MCL 117.4i(k), 117.4l.