Mich. Admin. Code R. 285.637.17 - Penalties for violation of local pesticide ordinances
Rule 17.
(1) A local
unit of government shall utilize the following schedule of fines for violation
of local ordinances authorized by section 21a(3) of the act:
(a) A violation of R 285.637.5(8), which
requires prior notification to persons on the registry, shall be subject to a
fine of $50.00 for the first offense, $100.00 for the second offense, $250.00
for the third offense, and $500.00 for the fourth offense.
(b) A violation of R 285.637.11(1), (2), (3)
or (5), which requires posting of lawn and ornamental sites, golf courses,
community applications, and rights-of-way, shall be subject to a fine of $25.00
for the first offense, $50.00 for the second offense, $100.00 for the third
offense, and $200.00 for the fourth offense.
(c) A violation of R 285.637.11(4), which
requires applicators to provide building managers of commercial or public
buildings, health care facilities, day-care centers, and schools with signs,
shall be subject to a fine of $25.00 for the first offense, $50.00 for the
second offense, $100.00 for the third offense, and $200.00 for the fourth
offense.
(d) A violation of R
285.637.11(4)(c) by a building manager shall be subject to a formal warning for
the first offense, a fine of $50.00 for the second offense, a fine of $100.00
for the third offense, and a fine of $200.00 for the fourth offense.
(e) A violation of MCL 324.8316(2) to (4),
requiring schools and day-care centers to provide information regarding
pesticide applications to parents or guardians, shall be subject to a fine of
$25.00 for the first offense, $50.00 for the second offense, $100.00 for the
third offense, and $200.00 for the fourth offense.
(2) Multiple violations of a particular
ordinance or rule that occur on the same day shall be treated as 1
violation.
(3) Each type of offense
shall accumulate on a calendar year for each person subject to the local
ordinance, so that at the beginning of each calendar year the offense cycle
begins again, except that, for purposes of subrule (1)(d) of this rule, a
building manager who has previously received a formal warning shall be subject
to a fine of $25.00 for the first offense.
(4) All offenses shall be considered as a
single violation of each type until a person is notified of the issuance of a
citation by the authorized local government agency.
(5) A local unit of government shall notify
the person or firm alleged to be in violation within 72 hours of the issuance
of a citation.
(6) A person may
appeal a citation and fine assessment to the department.
(7) A local unit of government shall refer a
fifth or subsequent violation by a person within a calendar year to the
department for investigation and enforcement action.
(8) A local unit of government shall notify
the department within 10 working days of the issuance of a citation for a
violation of a local ordinance pursuant to the act.
(9) A local unit of government shall not
assess fines for violations that occur before there is an incident or complaint
that precipitates an investigation or before there is an observation by a local
official.
Notes
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