Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Can the Township handle its own code enforcement without having its Township attorney involved in each case?

Yes. Townships can explore implementing civil infraction notices and citations as penalties. Townships using civil infraction notices and citations have two potential avenues to provide enforcement without involving the Township attorney with each issue. For the first option, the Township can establish a violations bureau that allows the Township to issue municipal civil notice violations for ordinance violations. A Township resident or property owner can then admit responsibility and resolve the violation notice at the Township Hall with designated Township staff. A second option would be to issue a municipal civil infraction citation (different than a notice). The citation would be filed with the local district court as opposed to processed at the Township Hall. The Township can process the citation before the district court in the informal hearing process and receive a favorable result in many instances. Only if a formal hearing is requested by either party would the Township need to rely on its Township attorney. This can be a very efficient and economical means to enforce local ordinances.

Recent Articles & Announcements

  1. Zoning Litigation – Enforcemen...

    Introduction As we have explained at length in prior E-Letters, the enforcement of zoning violations is often best accomplished through the ...

    Read More
  2. Can I issue a 10-business day ex...

    Yes. MCL 15.235(2) lists the options for responding when in receipt of a request made under the FOIA. The FOIA permits a public body to resp...

    Read More
  3. FOIA Denials: Common Basis Furth...

    We have discussed the Freedom of Information Act (the “FOIA”), Act 442 of 1976, MCL 15.231 et seq., before in other e-letters, including...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.