Section 31.01 Presumption of Civil Infraction
A violation of the White Lake Township Ordinance No. __, Zoning Ordinance, is deemed to be a
municipal civil infraction.
Section 31.02 Violation and Penalties
A. The following civil fines shall apply in the event of a determination of responsibility for
a municipal civil infraction, unless a different fine is specified in connection with a
particular ordinance provision:
1. The First Offense. The civil fine for a first offense violation shall be in an amount
of Seventy-Five Dollars ($75.00), plus cost and other sanctions, for each offense.
2. First Repeat of Offense. The civil fine for any offense which is a first repeat offense
shall be in an amount of One Hundred Fifty Dollars ($150.00), plus cost and other
sanctions, for each offense.
3. Second (or any subsequent) Repeat of Offense. The civil fine for any offense which
is a second or subsequent repeat offense shall be in an amount of Five Hundred
Dollars ($500.00) , plus cost and other sanctions, for each offense.
B. In addition to ordering the defendant determined to be responsible for a municipal civil
infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be
authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of,
this ordinance.
C. Continuing Offense. Each act of violation and each day upon which any such violation shall
occur, shall constitute a separate offense.
D. Remedies Not Exclusive. In addition to any remedies provided for in this ordinance, any
equitable or other remedies available may be sought.
E. Judge or Magistrate. The Judge or Magistrate shall also be authorized to impose costs,
damages and expenses as provided by law.
F. Default on Payment of Fines and Costs. A default in the payment of a civil fine, costs,
damages or expenses ordered under Subsection A or B or an installment of the fine, costs,
damages or expenses as allowed by the court, may be collected by the Township of White
Lake 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.
G. Failure to Comply With Judgment of 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 Subsection.
H. Failure to Appear in Court. A defendant who fails to answer a citation or notice to appear
in court for a violation of this ordinance is guilty of a misdemeanor, punishable by a fine of
not more than Five Hundred Dollars ($500.00), plus costs and/or imprisonment not to
exceed ninety (90) days.
I. Civil Contempt
1. If a defendant defaults in the payment of a civil fine, costs, damages, expenses, or
installment as ordered by the district court, upon motion of the Township of White
Lake or upon its own motion, the court may require the defendant to show cause why
the defendant should not be held in civil contempt and may issue a summons, order
to show cause, or bench warrant of arrest for the defendant’s appearance.
2. If a corporation or an association is ordered to pay a civil fine, costs, damages or
expenses, the individuals authorized to make disbursements shall pay the fine, costs damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this subsection.
3. 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.
4. If it appears that the default in the payment of a civil fine, costs, 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, damages or expenses.
5. The term of imprisonment on civil contempt for nonpayment of a civil fine, costs,
damages or expenses shall be specified in the order of commitment and shall not
exceed one day for each Thirty Dollars ($30.00) due. A person committed for
nonpayment of a civil fine, costs, 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 Thirty Dollars ($30.00) per day.
6. A defendant committed to imprisonment for civil contempt for nonpayment of a civil
fine, costs, damages or expenses shall not be discharged from custody until one of
the following occurs:
a. Defendant is credited with an amount due pursuant to Subsection I (5).
b. The amount due is collected through execution of process or otherwise.
c. The amount due is satisfied pursuant to a combination of Subdivisions I (6) (a)
and (b).
d. The civil contempt shall be purged upon discharge of the defendant pursuant
to Subsection I (6).
Section 31.03 Lien Against Land, Building or Structure
A. If a defendant does not pay a civil fine, costs or installment ordered under Subsection A
or B within 30 days after the date upon which the payment is due for a violation of this
ordinance involving the use or occupation of land, a building or other structure, the Township
of White Lake 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.
B. The lien is effective immediately upon recording of the court order with the Register
of Deeds.
C. The court order recorded with the Register of Deeds shall constitute the pendency
of the lien. In addition, a written notice of lien shall be sent by White Lake Township by
first class mail to the owner of record of the land, building, or structure at the owner’s
last known address.
D. The lien may be enforced and discharged by the White Lake Township in the manner described 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 Township. 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 A or B unless the property is also subject to
sale under Act No. 206 of Public Acts of 1893 for delinquent property taxes.
E. 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 of special assessments.
2. The other lien is created before the effective date of the amended ordinance
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.
5. The Township 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 ordinance.
However, an attempt by the Township to collect the fines or costs does not invalidate
or waive the lien upon the land, building, or structure.
6. A lien provided for by this subsection shall not continue for a period longer than 5 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