CODE OF ORDINANCES

Chapter 1
GENERAL PROVISIONS

Sec. 1-1. Short title.

This Code shall be known and may be cited as the "Code of Ordinances, City of Midland, Michigan." For the purposes hereof, it is referred to herein as "this Code."

Charter references: Codification of ordinances required not less than every ten years, § 6.8.

State law references: Codification of ordinances authorized, M.S.A., § 5.2084(2).

Sec. 1-2. Citation of provisions.

Each provision of this Code may be cited by its assigned section number, and no other citation of any provision shall be required for any purpose.

Sec. 1-3. Definitions and rules of construction.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council of the city.

Alley means any way or place which provides a secondary means of ingress and egress from property.

City means the City of Midland, Michigan.

Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or legal holiday.

Council means the city council of the City of Midland.

County means Midland County.

Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving authority to a majority of such persons or officers.

Number and gender. Words of the singular number may extend to and embrace the plural number. Words of the plural number may include and be applied to the singular number. Words of the masculine gender may extend and apply to the feminine or neuter gender. Words of the neuter gender may extend and apply to the feminine or masculine gender.

Oath. The word "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."

Or, and. The word "or" may be read as "and" and the word "and" as "or," where the sense requires it.

Owner. The word "owner" applied to a building or land, shall include not only the owner of the whole, but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.

Person includes any individual; copartnership; association; unincorporated club; joint adventure; and corporation, and any other group or combination of persons, acting as a unit, and the individuals constituting the same and the fiduciary of any estate or trust.

Preceding, following. The words "preceding" and "following" means next before and next after, respectively.

State means the State of Michigan.

Streets and highways means any public highway and right-of-way in the city, without regard to how such street or highway may be designated or named, and shall be construed to mean the entire width of such street or highway and right-of-way thereof, unless the context shall indicate that a lesser portion of such highway is intended.

Tenant, occupant. The words "tenant" and "occupant" applied to a building or land, means any person who occupies the whole or a part of such building or land, whether alone or with others.

Tense. Except as otherwise specifically provided or indicated by the context, words indicating the present tense shall extend to and include the time of the happening of any act, event, or requirement for which provision is made in this Code.

Writing, written. The words "writing" and "written" include typewriting, printing on paper and any other mode of representing words and letters.

Sec. 1-4. Code to be liberally construed; severability.

It is the legislative intent of the council that all provisions of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the city. Should any provision of this Code or part thereof be held unconstitutional, unenforceable or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, and the remainder of this Code shall stand, notwithstanding the invalidity or unenforceability of any such provision thereof.

Sec. 1-5. Title of officer to include deputy or subordinate.

Whenever any officer of the city is assigned any duty, the title of the officer shall mean and include the officer or his deputy or authorized subordinate or agent.

Sec. 1-6. Headings, titles, catchlines not substantive.

All words and phrases which constitute the section, division, article and chapter titles of this Code are not to be considered as substantive for any purpose of construction or interpretation of this Code, but are for convenience only and shall not be available or used for any purpose or construction or interpretation of this Code or of any part or portion thereof.

Sec. 1-7. Titles for amendatory ordinances.

The title of each amendatory ordinance shall be substantially as follows:

(a) To amend any section:

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION ________ (OR SECTIONS ________ AND ________) (OF ARTICLE) ________ OF CHAPTER ________ THEREOF.

(b) To insert a new section, division, article or chapter:

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW SECTION (________ NEW SECTIONS, A NEW DIVISION, A NEW ARTICLE, OR A NEW CHAPTER, AS THE CASE MAY BE) WHICH NEW SECTION (SECTIONS, DIVISION, ARTICLE OR CHAPTER) SHALL BE DESIGNATED AS SECTION ________ (SECTIONS ________ AND ________) OR DIVISION ________ OR ARTICLE ________ OF CHAPTER ________ (OR PROPER DESIGNATION IF A DIVISION, ARTICLE OR CHAPTER IS ADDED) THEREOF.

(c) To repeal a section, division, article or chapter:

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY REPEALING SECTION ________ (SECTIONS ________ AND ________), DIVISION ________, ARTICLE ________, CHAPTER ________ OF SAID CODE.

Sec. 1-8. Incorporation of amendments to Code; effect of new ordinances.

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections or subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances.

Sec. 1-9. Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

Sec. 1-10. Altering Code.

It shall be unlawful for any person to change or amend by addition or deletion, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Midland to be misrepresented thereby.

Sec. 1-11. General penalty.

(a) Unless another penalty is expressly provided in this Code, or in any amendment thereof, a person convicted of a violation of any provision of this Code not constituting a civil infraction, as herein provided, shall be punished by a fine, which fine shall not exceed five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Any provision of this Code which describes an act or omission which constitutes a civil infraction under the terms of the Michigan Vehicle Code (1949 PA 300, as amended, MCLA 257.1 et seq.; MSA 9.1801 et seq.) shall be processed as a civil infraction and any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than one hundred dollars ($100.00) and costs in accordance with Section 907 (MCLA 257.907; HSA 9.2607) of the Michigan Vehicle Code. Each act or omission constituting a violation or civil infraction, and every day upon which such violation or civil infraction shall occur or continue, shall constitute a separate offense.

(b) This Code may be enforced by suit for injunction, action for damages or any other legal process appropriate to enforcement thereof.

(Ord. No. 955, § 1, 7-16-79)

Charter references: General penalty for violation of municipal ordinance, § 6.3.

State law references: Penalties for violation of ordinances, M.S.A., § 5.2082.

Sec. 1-12. Punishment, correction of nuisances.

In the event that the doing of any act or the permitting of a condition to exist is declared to be a nuisance by any section of this Code, the doing of such act or the permitting of such condition to exist may be punished as provided in this chapter, in addition to, or as an alternate procedure to, injunctive relief in a court of competent jurisdiction, or the abatement of such nuisance by procedures provided and permitted in the city charter.

Sec. 1-13. Assessment for abating hazards or nuisances; notice; collection.

In the event it shall become necessary to abate a hazard or nuisance as described in section 14.2 of the Charter of the City of Midland or by any provision of this code, the city council shall determine what amount or part of each such expense shall be charged and the person, if known, against whom, and the premises upon which the same shall be levied as a special assessment. As often as the council shall deem it expedient, it shall require all of the several amounts so reported and determined and the several lots or premises and the persons chargeable therewith respective to be notified by the clerk either by registered mail sent to their last known address as shown on the assessment roll of the city or by publication. Such notice shall state the basis of the assessment, the cost thereof, and shall give a reasonable time, which shall not be less than thirty (30) days, in which payment shall be made. In all cases where payment is not made within the time limit, the same shall be reported by the clerk to the assessor who shall spread such amounts against the several persons or descriptions of real property chargeable therewith on the next roll for the collection of city taxes.

(Ord. No. 899, § 6, 3-14-77)

Sec. 1-14. Time limitation on contesting assessment.

Except and unless notice is given to the city council in writing of an intention to contest or enjoin the collection of any special assessment for the removal or abatement of any public hazard or nuisance within fifteen (15) days after the date of the resolution of the council determining the amount of such expense which shall be charged for the removal or abatement of any public hazard or nuisance, which notice shall state the grounds on which the proceedings are to be contested, no suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of such special assessment.

(Ord. No. 899, § 7, 3-14-77)

Sec. 1-15. Aiding and abetting violations.

Whenever any act or omission to act is a violation of this Code, or of any rule or regulation adopted thereunder, any person who causes, secures, aids or abets such violation may be prosecuted, and any conviction thereof, shall be punished as if he had directly committed such violation.

(Ord. No. 899, § 7, 3-14-77)