CITY CODE
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. Ordaining clause.
Sec. 1-2. Short title.
Sec. 1-3. Definitions.
Sec. 1-4. Headings.
Sec. 1-5. Responsibility.
Sec. 1-6. Title of officer to include deputy or subordinate.
Sec. 1-7. Notice.
Sec. 1-8. Contents of Code.
Sec. 1-9. Severability.
Sec. 1-10. Publication and distribution of Code.
Sec. 1-11. Amendment procedure.
Sec. 1-12. Publication and distribution of amendments.
Sec. 1-13. Appearance ticket authority.
Sec. 1-14. Penalties.
Sec. 1-15. Effective date.
Sec. 1-1. Ordaining clause.
(a) The within Ordinance Code was adopted by the South Lyon City Council pursuant to Act No. 279, Public Acts of 1909, State of Michigan, as amended, and ordered printed.
(b) The City of South Lyon ordains the provisions set forth in this Code.
(Code 1988, tit. I, ch. 1)
Sec. 1-2. Short title.
This ordinance Code may be known and cited as the "South Lyon City Code."
(Code 1988, § 1.5)
Sec. 1-3. Definitions.
The following words and phrases, when used in this Code and any amendment thereto, shall for the purpose of this Code, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
(1) Person shall include any individual, copartnerships corporation, association, club, joint adventure, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
(2) Public place shall mean any place to or upon which the public resorts, or travels, whether such place is owned or controlled by the city or any agency of the State of Michigan, or is a place to or upon which the public resorts or travels by custom, or by invitation, express or implied.
(3) Street, highway and alley shall mean the entire width subject to an easement for public right-of-way, or owned in fee by the city, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public, as a matter of right, for purposes of public travel. The word "alley" shall mean any such way or place providing a secondary means of ingress and egress from a property.
(4) Sidewalk shall mean that portion of a street between the curb line or lateral lines and the right-of-way lines which is intended for use of pedestrians.
(5) Tense. Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event, or requirement for which provision is made herein, either as a power, immunity, requirement or prohibition.
(6) City shall mean the City of South Lyon.
(Code 1988, §§ 1.8, 1.10)
Sec. 1-4. Headings.
No provision of this Code shall be held invalid by reason of deficiency in any chapter or section heading.
(Code 1988, § 1.6)
Sec. 1-5. Responsibility.
Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act.
(Code 1988, § 1.7)
Sec. 1-6. Title of officer to include deputy or subordinate.
Whenever, by the provisions of this Code, any officer of the City of South Lyon is assigned any duty or empowered to perform any act or duty, the title of said officer shall mean and include such officer or his deputy or authorized subordinate.
(Code 1988, § 1.9)
Sec. 1-7. Notice.
Notice regarding sidewalk repairs, sewer or water connections, dangerous structures, abating nuisances or any other act, the expense of which as performed by the city may be assessed against the premises under the provisions of this Code, shall be served:
(1) By delivering the notice to the owner personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion; or
(2) By mailing said notice by certified or registered mail to such owner at his last known address; or
(3) If the owner is unknown, by posting said notice in some conspicuous place on the premises at least five days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any city officer, unless permission is given by said officer.
(Code 1988, § 1.11)
Sec. 1-8. Contents of Code.
(a) This Code contains all ordinances of a general and permanent nature of the City of South Lyon and includes ordinances dealing with municipal administration, utilities and services, parks and public grounds, streets and sidewalks, zoning and planning, food and health, businesses and trades, building, electrical, heating and plumbing regulations, police regulations and traffic regulations, and excludes ordinances granting franchises and special privileges, establishing sewer and other public improvement districts, providing for the construction of particular sewers, streets or sidewalks, or for the improvement thereof, and for the construction and improvement of other public works, authorizing the borrowing of money or the issuance of bonds. All ordinances of a general and permanent nature, heretofore adopted, which are not included in this Code are hereby repealed.
(b) Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed a part hereof.
| Officer | No. of Copies |
| Mayor | 1 |
| Each councilman | 1 |
| Manager | 1 |
| Clerk | 2 |
| Attorney | 1 |
| Treasurer | 1 |
| Assessor | 1 |
| Director of public safety | 4 |
| Superintendent of public works | 1 |
| Building inspector | 1 |
| Health officer | 1 |
| Other officers | 8 |
(b) Each copy of said Code shall remain the property of the city and shall be turned over by each officer having custody thereof upon expiration of his term of office to the city clerk.
(c) One hundred copies of the original printing of this Code shall be published and made available to the public at a reasonable charge. In addition, the clerk shall keep one of the copies of the Code assigned to him available for public inspection during office hours.
(Code 1988, § 1.1)
Sec. 1-11. Amendment procedure.
This Code shall be amended by ordinance. The title of each amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows:
(1) To amend any section:
AN ORDINANCE TO AMEND SECTION ____ (or SECTIONS
________ AND ________) OF THE CODE OF THE City of South Lyon.
(2) To insert a new section or chapter:
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF SOUTH LYON BY ADDING A NEW SECTION (________ NEW SECTIONS or A NEW CHAPTER, as the case may be) WHICH NEW SECTION (SECTIONS or CHAPTER) SHALL BE DESIGNATED AS SECTION ________ (SECTIONS ________ AND ________ OF CHAPTER ________ (or proper designation if a chapter is added) OF SAID CODE.
(3) To repeal a section, chapter or title:
AN ORDINANCE TO REPEAL SECTION ________(SECTIONS ________ AND ________) or CHAPTER ________, as the case may be) OF THE CODE OF THE City of South Lyon.
(Code 1988, § 1.2)
Sec. 1-12. Publication and distribution of amendments.
Amendments to the Code shall be published as required by the Charter of the City of South Lyon and not less than 25 copies of each amendment shall be published in looseleaf form suitable for insertion in the looseleaf copies of this Code. The city clerk shall distribute such copies to the officers of the city having copies of the Code assigned to them. Each officer assigned a copy of the Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each copy of said Code shall remain the property of the city and shall be turned over by each officer to his successor or to the city clerk, in case he shall have no successor.
(Code 1988, § 1.3)
Sec. 1-13. Appearance ticket authority.
(a) Title. This section shall be known and may be referred to as the City of South Lyon Appearance Ticket Ordinance.
(b) Intent and purpose. It is the intent and purpose of this section to identify and authorize certain public servants of the City of South Lyon, County of Oakland, State of Michigan, to issue and serve appearance tickets as provided by Act Number 366 of Public Acts of 1984.
(c) Definitions. For purposes of this section words and phrases in this section have the following meanings:
Appearance ticket means a complaint or written notice, on a form determined by the attorney general, state court administrator and director of the department of state police as modified with the prior approval of said state officials to accommodate local enforcement and court procedures and practices, issued and subscribed by a public servant authorized by this section, directing a designated person to appear in a designated local criminal court at a designated future time in connection with an alleged designated violation of a city ordinance for which the maximum permissible penalty does not exceed 90 days in jail and/or fine of $500.00.
Issue means preparing an appearance ticket by placing on it all known and available information required on the ticket for the alleged violation and person to whom it is directed.
Serve means personal delivery or mailing by registered or certified mail, return receipt requested, delivery restricted to addressee, receipt of which is acknowledged by signature of the addressee on the return receipt.
(d) Authority of certain designated officials. The city manager, building inspector, superintendent of public works, superintendent of water and wastewater, chief of the fire department, chief of the ambulance division, and such other officers, employees, inspectors, or public servants of the City of South Lyon who are authorized or responsible for the enforcement of one or more city ordinances pursuant to state law, city ordinances and codes, resolutions of the city council, or written designation and appointment by the city manager, are hereby authorized to issue and serve appearance tickets, municipal ordinance violation notices, and municipal civil infraction citations when they have reasonable cause to believe that a person has violated a city ordinance, enforcement of which is the responsibility or within the authority of the public servant.
(e) Severability. If any section, paragraph, clause, or provision of this section is held to be invalid or unconstitutional, such holdings shall not effect the validity of any of the remaining provisions hereof.
(f) Effective date. The provisions of this section are hereby effective ten days after enactment and publication thereof.
(Code 1988, §§ 1.301– 1.306; Ord. of 11-28-94(2), § 1)
Sec. 1-14. Penalties.
(a) Misdemeanor penalties. Unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than $500.00 and costs of prosecution or by imprisonment for not more than 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 separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance.
(b) Municipal civil infraction. Any person, firm or corporation violating a provision of this Code for which the penalty is designated as a municipal civil infraction shall be subject to the following:
(1) Payment of fine. Any person, firm or corporation violating a provision of this Code for which the penalty is designated as a municipal civil infraction, upon admission or a finding of responsibility for such violation, shall be deemed responsible for a municipal civil infraction as that term is defined and used in MCL 600.101 et seq., MSA 27A.101 et seq., as amended, and shall pay a civil fine as prescribed by ordinance or as determined by the district court, district court judge or district court magistrate.
(2) Costs. A person, firm or corporation ordered to pay a fine under subsection (1) shall be ordered by the district court judge or magistrate to pay costs of not less than $9.00 or more than $500.00, which costs may include all expenses, direct and indirect, to which the city has been put in connection with the violation up to the entry of the court's judgment or order to pay fines and costs.
(3) Additional writs and orders. A person who admits or is found responsible for violation of this Code shall comply with any order, writ or judgment issued by the district court to enforce this Code pursuant to chapter 83 and chapter 87 of the Revised Judicature Act, MCL 600.101 et seq., MSA 27A.101 et seq., as amended.
(4) Default on payment of fine and costs. A default in the payment of a civil fine, costs, or damages or expenses ordered under subsections (b)(1) and (b)(2) or an installment of the fines, costs or damages or expenses as allowed by the court may be collected by the city by a means authorized for the enforcement of a judgment under chapters 40 or 60 of the Revised Judicature Act, MCL 600.101 et seq., MSA 27A.101 et seq., as amended.
(5) Failure to comply with judgment or order. If a defendant fails to comply with an order or judgment issued pursuant to this section within the time prescribed by the court, the court may proceed under subsections (b)(7) or (b)(8), as applicable.
(6) Failure to appear in court. A defendant who fails to answer a citation or notice to appear in court for a municipal civil infraction violation is guilty of a misdemeanor, punishable by a fine of not more than $500.00 plus costs and/or imprisonment not to exceed 90 days.
(7) Civil contempt.
a. If a defendant defaults in the payment of a civil fine, costs or other damages or expenses, or installment as ordered by the district court, upon motion of the city or upon its own motion, the court may require the defendant to show cause why the defendant should not beheld in civil contempt and may issue a summons, order to show cause or bench warrant of arrest for the defendant's appearance.
b. If a corporation or an association is ordered to pay a civil fine, costs or damages or expenses, the individuals authorized to make disbursements shall pay the fine, costs or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this subsection.
c. Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
d. If it appears that the default in the payment of a fine, costs or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment or revoking the fine, costs or damages or expenses.
e. The term of imprisonment on civil contempt for nonpayment of a civil fine, costs or damages or expenses shall be specified in the order of commitment and shall not exceed one day for each $30.00 due. A person committed for nonpayment of a civil fine, costs or damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30.00 per day.
f. A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs or damage or expenses shall not be discharged from custody until one of the following occurs:
1. Defendant is credited with an amount due pursuant to subsection (b)(7)(e).
2. The amount due is collected through execution of process or otherwise.
3. The amount due is satisfied pursuant to a combination of subsections (b)(7)(f)(1) and (2).
g. The civil contempt shall be purged upon discharge of the defendant pursuant to subsection (b)(7)(f).
(8) Lien against land, building or structure. If a defendant does not pay a civil fine or costs or installment ordered under subsections (b)(1) or (b)(2) within 30 days after the date upon which the payment is due for a violation involving the use or occupation of land or a building or other structure, the city may obtain a lien against the land, building or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the register of deeds for Oakland County. The court order shall not be recorded unless a legal description of the property is incorporated in or attached to the court order.
a. The lien is effective immediately upon recording of the court order with the register of deeds.
b. The court order recorded with the register of deeds shall constitute the pendency of the lien. In addition, a written notice of the lien shall be sent by the city by first class mail to the owner of record of the land, building or structure at the owner's last known address.
c. The lien may be enforced and discharged by the city in the manner prescribed by its Charter, by the General Property Tax Act, Act No. 206 of the Public Acts of 1893, being sections 211.1– 211.157 of the Michigan Compiled Laws, or by an ordinance duly passed by the city. However, property is not subject to sale under Section 60 of Act No. 206 of the Public Acts of 1893, being section 211.60 of the Michigan Compiled Laws, for nonpayment of a civil fine or costs or an installment ordered under subsections (b)(1) or (b)(2) unless the property is also subject to sale under Act No. 206 of the Public Acts of 1893 for delinquent property taxes.
d. A lien created under this section has priority over any other lien unless one or more of the following apply:
1. The other lien is a lien for taxes or special assessments.
2. The other lien is created before the effective date of the amendment that added this section.
3. Federal law provides the other lien has priority.
4. The other lien is recorded before the lien under this section is recorded.
e. The city may institute an action in a court of competent jurisdiction for collection of the fines and costs imposed by a court order for a violation of this chapter. However, an attempt by the city to collect the fine or costs does not invalidate or waive the lien upon the land, building or structure.
f. A lien provided for by this subsection shall not continue for a period longer than five years after a copy of the court order imposing a fine or cost is recorded unless within that time an action to enforce the lien is commenced.
(9) Separate violation. Each day a violation of the Code continues to exist shall be deemed a separate and additional violation.
(Code 1988, § 1.12)
Sec. 1-15. Effective date.
This Ordinance Code shall take effect in accordance with the terms of the adopting ordinance.
(Code 1988, § 1.14)