Clark Twp. Board May Step Up Ordinance Enforcement
By Amy Polk

A new Clark Township ordinance may allow stricter penalties and more effective local enforcement of zoning and township ordinances. A hearing on the ordinance will be at the Clark Township Board of Trustees Thursday, January 17 regular meeting, and trustees hope to adopt the new law at that time.

The measure will address the township's nagging problem with disregard for the zoning ordinance, and owners' failure to correct violations even after they are cited. Blight, overnight parking on township streets, building without a permit, noise ordinance violations, and overnight docking at township docks are among the offenses that could be punishable by a $100 fine.

The ordinance scheduled for adoption at the January 17 meeting would give an appointed official authority to write tickets for ordinance violations. This would replace the lengthy court process and virtually ineffective enforcement policy now in place. Clark Township's policy now relies on sending warnings and filing complaints against violators in district court, but planning commissioners and trustees have long recognized this policy does not work, and violations persist.

The board was told by township attorney Jim Murray of Plunkett and Cooney that Clark Township's current policy labels violations as misdemeanors, and judges are reluctant to hear such cases, Supervisor Linda Hudson said. Gourdie- Fraser, the planning firm hired by Clark Township to help draft a new master plan and zoning ordinance, concurred.

Citing the two opinions, Mrs. Hudson said cities and townships are now moving toward municipal civil infractions, which are easier to enforce and can be administered locally, rather than involving the police and courts. The Clark Township supervisor or a designated person will have the authority to write tickets for zoning and ordinance violations. Fines can be paid at Clark Township Hall. If the person wants to contest the violation, however, he or she would have to go to court.

"It's a much more efficient way of processing these" ordinance violations, Mrs. Hudson said, adding that it de-criminalizes the violations and saves Clark Township the expense of prosecution in court.

A fine of no less than $100 will be charged for each civil infraction, according to the ordinance trustees will consider January 17.

The township would then set up a Municipal Ordinance Violations Bureau to receive fines, under the supervision and control of the treasurer's office. Without a violations bureau, fines would be paid to 92nd District Court.

Each day a fine is not paid, or no response is made to the complaint, will become a new offense and be subject to a $100 fine. A person could feasibly be charged $100 for each day of an ordinance violation, or have the complaint turned over to District Court. Second offense civil infractions will be fined $250. Third offenses will be fined $500. Until the measure is adopted, all of these fines are proposals.

The proposed ordinance is expected to be a helpful tool in getting more property owners to comply with the township's land use ordinances. Clark Township Planning Commission has discussed in many meetings problems with compliance, especially when people do not follow stipulations placed on special land use permits and variances. Some simply disregard existing size, height, and setback limitations, or build structures without a permit. People could also be ticketed for violating the noise ordinance, overnight parking on streets, or overnight docking at public docks. Trustees have cited persistent problems with overnight parking and docking because the ordinances until now have been unenforceable by the township or law enforcement.

"Consistency and how it's going to be enforced should be addressed," said Treasurer Katie Carpenter, after briefly reviewing the draft ordinance at the December 20 meeting.

Trustees discussed who would be assigned the task of writing tickets, and noted the potential for citing violations to be a five-day-a-week job.

Trustee Mike Lofdahl said he thought it would be impractical for Zoning Administrator Frank Sims to be the sole ticket writer. Mrs. Hudson suggested that someone else may have to be assigned to the job.

The ordinance can be reviewed at Clark Township Hall in Cedarville. If adopted, the ordinance will be published to make the public aware of the new law, and to give the public the chance to vote directly on the ordinance through a referendum, Mrs. Hudson told The St. Ignace News. A referendum election could be called if 10% of Clark Township voters sign a petition to hold a public election on the ordinance.

The township's "police power" ordinances, such as the noise, parking, and docking ordinances, will have to be amended to include the new municipal civil infractions policy, Mrs. Hudson told The St. Ignace News, adding that Clark Township board will most likely review the ordinances and consider their relevance.

Many are outdated, she said.

Clark Township Planning Commission will also have to amend the zoning ordinance to include the new policy, and the township board will have to adopt another ordinance to establish a violations bureau at Clark Township Hall.