1.01 BEVERLY HILLS MUNICIPAL CODE

1.02 DEFINITIONS

1.03 THE PROVISIONS OF THIS CODE

1.04 ORDINANCES REPEALED NOT REENACTED

1.05 JURISDICTION

1.06 PENALTIES

1.06.1 ENFORCEMENT PROCEDURES FOR MUNICIPAL CIVIL INFRACTION

1.06.2 EMERGENCY SERVICES COST RECOVERY

1.07 SCHEDULE OF FEES

1.08 RESPONSIBILITY FOR ACTS

1.09 SEPARABILITY OF PROVISIONS

1.10 EFFECTIVE DATE

1.01 BEVERLY HILLS MUNICIPAL CODE

(a) Title. This code of ordinances may be known and cited as the Beverly Hills Municipal Code.

(b) Amendments. Any additions or amendments to this code are incorporated in this code so that a reference to the Beverly Hills Municipal Code includes such additions and amendments.

(c) Number of Sections. Each section number of this code shall consist of two component parts separated by a period, the figure before the period referring to the chapter number and the figure after the period referring to the position of the section within the chapter.

(d) Numbering Additions. The decimal system shall be used for all additions and amendments to this code. When a chapter or section is added, the new chapter or section shall be given a decimal character.

1.02 DEFINITIONS

(a) Terms used in this code, unless specifically defined in this code, have the meanings prescribed by the laws of Michigan for such terms.

(b) Terms used in this code have the following meanings:

Village: Village of Beverly Hills, Michigan

County: Oakland County

State: State of Michigan

Village Clerk or Clerk: The Village Clerk of the Village of Beverly Hills and similarly the title of any other officer, board or commission shall mean such officer, board or commission of the Village of Beverly Hills unless otherwise stated.

Person: Any natural individual, firm, partnership, trust, estate, club, association or corporation. As applied to partnerships, or associations, the word includes the partners or members thereof; as applied to corporations, the word includes the officers, agents or employees thereof who are responsible for the act referred to. The singular person includes the plural and the plural includes the singular. The masculine gender includes the feminine and neuter genders.

Municipal Civil Infractions: Shall mean a violation of a provision of a Village ordinance for which the remedy and/or penalty is prescribed to be a civil fine, or other sanction other than a criminal penalty. A municipal civil infraction is not a letter included offense of a criminal offense or of an ordinance violation that is not a civil infraction. {Ord. 311; 12-18-02}

Municipal Civil Infraction Determination: Shall mean a determination that a defendant is responsible for a municipal civil infraction by one of the following:

a. An admission of responsibility for the municipal civil infraction.

b. An admission of responsibility for the municipal civil infraction, "with explanation".

c. A preponderance of the evidence at an informal hearing or formal hearing.

d. A default judgment for failing to appear at a scheduled appearance. {Ord. 311; 12-18-02}

Repeat Offense: Shall mean a determination of responsibility for a second, or any subsequent, municipal civil infraction with regard to the same ordinance, committed by the same person within any three year period, unless some other period is specifically provided with regard to a specific ordinance provision. {Ord. 311; 12-18-02}

Responsible or Responsibility shall mean a determination entered by a court or magistrate that a person is in violation of a provision of a Village ordinance prescribed to be a municipal civil infraction. {Ord. 311; 12-18-02}

Violation: Shall mean any act, which is prohibited or made or declared to be unlawful or an offense under a Village ordinance, including affirmative acts as well as omissions and/or failures to act where the act is required by these ordinances. {Ord. 311; 12-18-02}

1.03 THE PROVISIONS OF THIS CODE, so far as they are the same in substance as those of heretofore existing ordinances are continuations of ordinances and not new enactments. Any act done, offense committed, or right accruing or acquired, or liability, penalty, forfeiture or punishment incurred prior hereto shall not be affected, but may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if the code had not been effected.

1.04 ORDINANCES REPEALED NOT REENACTED. No ordinance or part of any ordinance heretofore repealed shall be considered reordained or reenacted by virtue of this code, unless specifically reenacted. The repeal of any curative or validating ordinance does not impair or affect any cure or validation already effected thereby.

1.05 JURISDICTION. Unless otherwise provided in this code, this code applies to acts performed within the corporate limits of the Village. Provisions of this code also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the Village to regulate such particular acts outside the corporate limits.

1.06 PENALTIES.

(a) Standard Penalty. Unless another penalty is specifically provided by this code for violation of any particular provision, section or chapter, any person violating any provision of this code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than $500 or imprisoned in the County jail for a period not to exceed ninety-three (93) days, or shall be both fined and imprisoned in the discretion of the court and shall pay the costs of prosecution. In addition to the penal provisions contained herein, the Village may resort to a Court of Equity or use any other legal means to enforce the terms and/or accomplish the purpose of this code.

(b) Commitment. The person upon whom any fine or penalty is imposed for violation of any provision of this code or any ordinance of the Village, upon order of the court before whom the conviction is had, may be committed to the Village or County jail as provided by law, or to any other place provided by ordinance for the incarceration of offenders until the fine, penalty, and costs are fully paid. No imprisonment, however, shall exceed ninety-three (93) days for any one offense.

1) Cost recovery; expenses for which the court may order a person convicted to reimburse the Village of Beverly Hills.

Pursuant to state law, MCL 769.1(f), as part of the sentence for a conviction of any of the following offenses, in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the Village of Beverly Hills for expenses incurred in relation to that incident, including, but not limited to, expenses for an emergency response and expenses for prosecuting the person, as provided following:

(a) A violation or attempted violation of operating under the influence of intoxicating liquor, operating while ability visibly impaired, or operating with an unlawful blood alcohol content, or per se violation.

2) The expenses for which reimbursement may be ordered under this section include all of the following:

(a) The salaries or wages, including overtime pay, of law enforcement personnel for time spent responding to the incident from which the conviction arose, arresting the person convicted, processing the person after the arrest, preparing reports on the incident, investigating the incident, and collecting and analyzing evidence, including, but not limited to, determining bodily alcohol content and determining the presence of and identifying controlled substances in the blood, breath, or urine.

(b) The salaries, wages, or other compensation, including overtime pay, of fire department and emergency medical service personnel, including volunteer fire fighters or volunteer emergency medical service personnel, for time spent in responding to and providing fire fighting, rescue, and emergency medical services in relation to the incident from which the conviction arose.

(c) The cost of medical supplies lost or expended by fire department and emergency medical service personnel, including volunteer fire fighters or volunteer emergency medical service personnel, and providing services in relation to the incident from which the conviction arose.

(d) The salaries, wages, or other compensation, including, but not limited to, overtime pay of prosecution personnel for time spent investigating and prosecuting the crime or crimes resulting in a conviction.

3) The amount ordered to be paid under this section shall be paid to the clerk of the court, who shall transmit the appropriate amount to the Village of Beverly Hills in order to receive reimbursement. If not otherwise provided by the court under this subsection, the reimbursement order under this section shall be made immediately. However, the court may require that the person make the reimbursement ordered under this section within a specified period or in specific installments.

4) If the person convicted is placed on probation, any reimbursement ordered under this section shall be a condition of that probation. The court may revoke probation if the person fails to comply with the order and if the person has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the person's employment status, earning ability, number of dependents, and financial resources, the willfulness of the person's failure to pay, and any other special circumstances that may have a bearing on the person's ability to pay.

5) An order for reimbursement under this section may be enforced by the Village Attorney named in the order to receive the reimbursement in the same manner as judgment in a civil action.

6) Notwithstanding any other provision of this section, a person shall not be imprisoned, jailed, or incarcerated for a violation of probation, or otherwise, for failure to make a reimbursement as ordered under this section unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so. {Ord. 314; 6-25-03}

1.06.1 DEFINITIONS AND ENFORCEMENT PROCEDURES FOR MUNICIPAL CIVIL INFRACTIONS.

General Administration

Commencement of Municipal Civil Infraction Action.

1. A municipal civil infraction action may be commenced upon the issuance of a municipal civil infraction citation by an authorized official of the Village directing the person alleged to be responsible to appear in court.

2. The form of citations used to charge municipal civil infraction violations shall be in accordance with state law (MCL 600.8709).

3. The basis for issuance of a municipal civil infraction citation shall be as set forth as follows:

a. An authorized official who witnesses a person violate an Ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation.

b. An authorized official may issue a citation to a person if, based upon investigation, the official has reasonable cause to believe that a person is responsible for a municipal civil infraction.

c. An authorized official may issue a citation to a person if, based upon investigation of a complaint by someone who allegedly witnessed a person violate an Ordinance, a violation of which is a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction and if the attorney for the Village approves in writing the issuance of the citation.

4. Municipal civil infraction citations shall be served in the following manner:

a. Except as otherwise provided below, the authorized official shall personally serve a copy of the citation upon the alleged violator.

b. A municipal civil infraction action involving the use or occupancy of land or a building or other structure, a copy of the citation need not 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.

c. A citation served as provided in Paragraph b above, for a violation involving the use or occupancy of land or a building or other structure, shall be processed in the same manner as a citation served personally upon a defendant.

Ordinance Enforcement Officer.

1. The Village Council is hereby authorized to appoint by motion or resolution any person or persons as Ordinance Enforcement Officers for such term or terms as may be designated in the motion or resolution for the purposes of carrying out the duties and responsibilities specified in this Ordinance for officials charged with the enforcement of the Ordinances. The Council may further, by motion or resolution, remove any person from such office, in the discretion of the Council.

2. An appointed Ordinance Enforcement Officer is authorized to enforce all ordinances of this Village whether or not any particular provision specifies or designated a different enforcing official. Where a particular officer is designated in any ordinance provision, that officer's authority shall continue in full force and effect, and shall not be diminished or impaired by the terms of this Ordinance, and the authority of the Ordinance Enforcement Officer shall be in addition and supplementary to the authority granted to such other specific officer.

3. The Ordinance Enforcement Officer's duties shall include the following: investigation of ordinance violations; issuance and service of municipal civil infraction citations appearance in court and other judicial or quasi-judicial proceedings in the administration of the Village ordinances. {Ord. 311; 12-18-02}

1.06.2 EMERGENCY SERVICES COST RECOVERY. This Ordinance is created to ensure that the Village of Beverly Hills, shall, to the extent permitted by law, recover the costs of an emergency response from the responsible party. {Ord. 335; 12-26-09}

Definitions - The following definitions shall apply in the interpretation and enforcement of this section:

Costs of the emergency response shall mean the costs incurred in responding to an emergency event, except as may be limited by a policy adopted by the governing body. Costs include, labor, equipment usage, and materials associated with investigation, removal, repair, abatement, mitigation, monitoring, cleanup, analysis, collection costs and attorney fees. {Ord. 335; 12-26-09}

Emergency response shall mean any response by the Public Safety Department/Fire Department, entity operating at the request of the Public Safety Department/Fire Department or any other responder as set forth in the National Incident Management System (Homeland Security Presidential Directive 5), to any call, including medical emergencies, for assistance from any person, property owner, government agency, emergency service provider, or other entity. {Ord. 335; 12-26-09}

Hazardous Materials Response shall mean any response to an event involving any chemical, substance, compound, mixture, or other material defined as designated as, listed as, or having the same characteristics as any substance, compound, mixture or material listed as hazardous under federal or state law or regulation. {Ord. 335; 12-26-09}

Person shall mean any individual, partnership, corporation, limited liability corporation, association, consortium, governmental entity, or any other legal entity. {Ord. 335; 12-26-09}

Liability for Expense of Emergency Response.

a. Any owner, lessor, lessee, or operator of any property who is responsible for, or contributes to an emergency response shall be liable for the expense of the emergency response.
b. Any registered owner, lessor, lessee, or operator of any motor vehicle, the operation of which results in an emergency response, shall be liable for the expense of the emergency response.
c. Any public or private utility whose activities or facilities necessitated an emergency response shall be liable for the expense of the emergency response.
d. Any person owning, maintaining or operating a railroad shall be liable for the expense of the emergency response.
e. When an emergency response directly benefits more than one person or property, each person and/or property benefited shall be jointly and severally liable for the payment of the expense of the emergency response. For purposes of an emergency response involving a motor vehicle, occupants other than the operator and the registered owner shall not be liable for the expense of the emergency response.
f. Cost recovery for any Hazardous Materials response may be pursued in a civil action, pursuant to the Natural Resource Environmental Protection Act (MCL 324.20135(1)(b)).
{Ord. 335; 12-26-09}

Collection and Billing of Emergency Response Costs.

Collection recovery costs incurred by the Public Safety Department/Fire Department, including billing and collection costs, court costs, and attorney fees, shall be assessed to a responsible party who fails to remit reimbursement for the costs of the provided emergency services in accordance with the billing procedures of this Ordinance. {Ord. 335; 12-26-09}

Upon a determination of responsibility for an emergency response, the Public Safety Director/Fire Chief, or his/her designee, shall prepare and deliver an invoice of the charges imposed to the responsible party or parties for payment. The responsible party shall reimburse the Public Safety Department/Fire Department, as directed by the invoice, for the charges set forth in the invoice within thirty (30) days. The responsible party shall be liable for any costs associated with the collection of the unpaid balance that remains after the expiration of thirty (30) days. {Ord. 335; 12-26-09}

1.07 SCHEDULE OF FEES. Established by the Village Council for the purpose of assuring adequate inspections, plan examination and compliance with respect to the various codes and ordinances of the Village of Beverly Hills as administered by the Building Department. All fees shall be paid to the Village of Beverly Hills.

Any dollar value of fees appearing in all other ordinances or in this Code which are inconsistent with the most recent Schedule of Fees adopted by the Village Council are to the extent of such inconsistency, hereby repealed.

A complete copy of the current Schedule of Fees is available at the office of the Village Clerk for inspection by the public during regular business hours.

1.08 RESPONSIBILITY FOR ACTS. Every person concerned in the commission of an act prohibited by this code, whether he directly commits the act, or prosecutes, counsels, aids, or abets in its commission, may be prosecuted and on conviction is punishable as if he had directly committed such act.

1.09 SEPARABILITY OF PROVISIONS. Each section, paragraph, sentence, clause and provision of this code is separable and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this code nor any part thereof, other than that part affected by such decision.

1.10 EFFECTIVE DATE. This code or ordinances shall take effect ten (10) days after passage and publication in book form under the authority of the Village Council. Copies of this code shall be kept on file in the Village Clerk's office for public inspection.