§ 82-501. Sanctions for violation.

(a)

Violation; municipal civil infraction. Except as provided by section 82-241, and notwithstanding any other provision of City of Muskegon Heights laws, ordinances, and regulations to the contrary, a person who violates any provision of this article (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the authorized enforcement agency under this article) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $100.00 per day for each infraction plus costs and other sanctions.

(b)

Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this article (i) committed by a person within any 12-month period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)

The fine for any offense that is a first repeat offense shall be not less than $200.00, plus costs.

(2)

The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $300.00, plus costs.

(c)

Amount of fines. Subject to the minimum fine amounts specified, the following factors shall be considered by a court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this article: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.

(d)

Authorized local official. Notwithstanding any other provision of the City of Muskegon Heights' laws, ordinances, and regulations to the contrary, the following persons are designated as the authorized local officials to issue municipal civil infraction citations (directing alleged violators to appear in district court) and/or notices (directing alleged violators to appear at the City of Muskegon Heights Municipal Violations Bureau, as applicable) for violations of this article (in addition to any other persons so designated by the authorized enforcement agency): the director of infrastructure and engineering, his designee, and any police officer.

(e)

Other requirements and procedures. Except as otherwise provided by this section, the requirements and procedures for commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court-ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, appear or, pay fines; disposition of fines, costs and expenses paid; and other matters regarding municipal civil infractions shall be as set forth in Act No. 236 of the Public Acts of 1961, as amended.

(f)

Any person who (1) at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this article, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the authorized enforcement agency under this article; or (2) intentionally makes a false statement, representation, or certification in an application for, or form pertaining to a permit, or in a notice, report, or record required by this article, or in any other correspondence or communication, written or oral, with the Authorized Enforcement Agency regarding matters regulated by this article; or (3) intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this article; or (4) commits any other act that is punishable under state law by imprisonment for more than 90 days; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.

(g)

Any person who aids or abets another person in a violation of this article shall be subject to the sanctions provided in this section.

(Ord. No. 09-576, § 82-431, 11-23-09)