A. Definitions. In this article, the following words shall have the following meaning ascribed to them.
BUREAU. The City of Sterling Heights Municipal Ordinance Violations Bureau as established by this article.
MUNICIPAL CIVIL INFRACTION ACTION. A civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
MUNICIPAL CIVIL INFRACTION CITATION. A written complaint or notice to appear in court upon which an authorized city official records the occurrence or existence of one or more municipal civil infractions by the person cited.
MUNICIPAL CIVIL INFRACTION NOTICE. A written notice prepared by an authorized city official directing a person to appear at the City of Sterling Heights Municipal Ordinance Violations Bureau to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the city.
B. Municipal civil infraction action; commencement. A municipal civil infraction action may be commenced upon the issuance by an authorized city official of: (1) municipal civil infraction citation directing the alleged violator to appear in court; or (2) a municipal civil infraction notice directing the alleged violator appear at the City of Sterling Heights Municipal Ordinance Violations Bureau, within ten days, to pay a civil fine if the alleged violator admits responsibility.
C. Municipal civil infraction citations; issuance and service. Municipal civil infraction citations shall be issued and served by authorized city officials as follows:
1. The time for appearance specified in a citation shall be within a reasonable time after the citation is issued;
2. The place for appearance specified in a citation shall be the District Court;
3. Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the District Court. Copies of the citation shall be retained by the city and issued to the alleged violator as provided by Section 8705 of the Act;
4. A citation for a municipal infraction signed by an authorized city 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. An authorized city 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. An authorized city 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 City Attorney approves in writing the issuance of the citation;
7. Municipal civil infraction citations shall be served by an authorized city official as follows:
a. Except as provided by Section
33.04C,7,b, an authorized city official shall personally serve a copy of the citation upon the alleged violator;
b. If the municipal civil infraction action involved 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 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.
D. Municipal civil infraction citations; contents.
1. A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, 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.
2. Further, the citation shall inform the alleged violator that he or she may do one of the following:
a. Admit responsibility for the municipal civil infraction by mail, in person or by representation at or by the time specified for appearance;
b. Admit responsibility for the municipal civil infraction "with explanation" by mail by the time specified for appearance or in person or by representation;
c. Deny responsibility for the municipal civil infraction by doing either of the following:
(1) 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 city;
(2) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
3. The citation shall also inform the alleged violator of all of the following:
a. 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 a hearing, unless a hearing date is specified on the citation;
b. 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;
c. A hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the city;
d. 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;
e. At a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.
4. The citation shall contain a notice in boldfaced 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.
E. Municipal Ordinance Violations Bureau.
1. The City of Sterling Heights Municipal Ordinance Violations Bureau ("Bureau") is established as authorized by Section 8396 of the Act to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction notices issued and served by authorized city officials and to collect and retain civil fines and costs as prescribed by ordinance.
2. The Bureau shall be located at a site designated by the City Manager and shall be under the supervision and control of the City Manager. The City Manager, subject to the approval of the City Council, shall adopt rules and regulations for the operation of the Bureau and appoint any regulations for the operation of the Bureau and appoint any necessary qualified city employee(s) to administer the Bureau.
3. The Bureau may dispose of municipal civil infractions for which a fine has been scheduled and for which a municipal civil infraction notice (as differentiated from a citation) has been issued. The Bureau may not dispose of a municipal civil infraction citation (as differentiated from a municipal civil infraction notice).
Nothing in this article shall prevent or restrict the city from issuing a municipal civil infraction citation for any violation or from prosecuting any action for such a violation in a court of competent jurisdiction. No person shall be required to respond to a municipal civil infraction notice at the Bureau and may instead have the violation processed as a citation so that the matter will be handled by a court of competent jurisdiction. The unwillingness of any person to respond to any municipal civil infraction notice at the Bureau shall not prejudice or diminish such person’s rights, privileges and protection accorded by law.
4. The Bureau shall only accept admissions of responsibility for municipal civil infractions for which a municipal civil infraction notice has been issued (as differentiated from a municipal civil infraction citation). The Bureau shall collect and retain civil fines and costs resulting from those admissions. The Bureau shall not accept payment of a civil fine from any person who denies responsibility for the offense or who admits responsibility only with an explanation. In no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to the alleged violation.
5. Municipal civil infraction violation notices shall be issued and served by authorized city officials under the same circumstances and upon the same persons as provided for citations as provided in sections 33.040 and
33.04C,7,a. and b. of this ordinance. In addition to any other information required by this 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.
6. 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.
7. If an authorized city official issues and serves a municipal civil infraction 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 violations are not paid at the Bureau within ten days from the date of issuance of the municipal civil infraction notice, 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 his or her last known address. The citation filed with the Court shall consist of a sworn complaint containing the allegations stated in the municipal civil infraction notice and shall fairly inform the alleged violator how to respond to the citation.
F. Schedule of municipal civil infraction fines.
1. The following schedule of civil fines payable to the Bureau for admissions of responsibility by persons served with municipal civil infraction notices shall apply:
a. $100 for each violation;
b. $250 for the first repeat offense;
c. $500 for any second or subsequent repeat offense.
2. A copy of the schedule, as amended from time to time, shall be posted at the Bureau.
(Ord. No. 278-W, § 3, 11-30-98)
