HomeMy WebLinkAboutResolutions - 1983.08.18 - 11427Miscellaneous Resolution 83096 April 21, 1983
BY: HEALTH & HUMAN RESOURCES COMMITTEE-
Marilynn E. Gosling, Chairperson
RE: AMENDMENT TO OAKLAND COUNTY SANITARY CODE
MONETARY CIVIL FINES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Public Act 368 of 1978 allows local health departments, with
the approval of the County Commissioners, to set monetary fines for violations
of the Public Health Code; and
WHEREAS, such a system is categorized as civil action as opposed to
criminal action which is presently necessary to effect corrections when the
educational approach is not successful; and
WHEREAS, such a system would have cost-benefit efficacy in that
corrections made without resorting to court action are always less time-consuming; and
WHEREAS, a system of monetary civil fines would provide a remedy for
cases which are not imminent health hazards and not serious enough to attempt
obtaining a warrant but have the potential for being health hazards if not
voluntarily corrected and those health hazards which can be considered serious
and critical; and
WHEREAS, before a monetary civil fine would be assessed, every attempt
would be made, as it currently is, to effect .correction by the educational
approach; and
WHEREAS before assessing a monetary fine, the person in violation
would be given ample opportunity to correct the violation or the public health
hazard; and
WHEREAS, the person in violation would be given an opportunity to not •
only appeal the initial order but also the fine itself.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby approve an Amendment to the Oakland County Sanitary
Code which establishes a system of monetary fines for violations of that Code as
attached to this resolution and made part hereof and that such regulation be known
as Article X of the Oakland County Sanitary Code.
BE IT FURTHER RESOLVED that this system is subject to annual review
by the Health & Human Resources Committee commencing one year from the date
the system is implemented.
Mr. Chairperson, on behalf of the Health & Human Resources Committee,
I move the adoption of the foregoing resolution.
rfcn E. Gosling:7,2hairpets
REPORT August 18, 1983
BY GENERAL GOVERNMENT COMMITTEE-John E. Olsen, Chairperson
RE: Miscellaneous Resolution #83096, Amendment to Oakland County
_Sanitary Code-Monetary Civil Fines
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen
The General Government Committee, having reviewed Miscellaneous Resolution
#83.096, Amendment to Oakland County Sanitary Code-Monetary Civil Fines, reports
with the recommendation that the resolution not be adopted.
The General Government Committee further recommends that should the Board of
Co.mmissioners wish to take affirmative action on Miscellaneous Resolution #83096, said
resolution be amended as follows:
1.) Add, the resolution will only be in effect for one year from the time
it is adopted by the Board of Commissioners At the end of that time,
the Board will review the resolution and determine whether or not it
is serving the purpose for which it was intended."
2.) Add, "any citations that are made and eventually come before the
Hearing Officer, that those citations be brought before the Health &
Human Resources Committee for review."
Mr. Chairperson, on behalf of the General Government Committee, I move
the acceptance of the foregoing report. •
GENERAL GOVERNMENT COMMITTEE
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REPORT July 14, 1983
BY GENERAL GOVERNMENT COMMITTEE-John E. Olsen, Chairperson
RE: Miscellaneous Resolution #83096, Amendment to Oakland
County Sanitary Code-Monetary Civil Fines
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, John E. Olsen, Chairperson,
having reviewed Miscellaneous Resolution #83096, reports with the recommendation
that the resolution be adopted with the following amendments: in the BE IT
FURTHER RESOLVED paragraph, change "annual review" to "six-month review";
Section 11, A, F, & J - Section III, A, B, & F - Section IV, E, I & 2 -
as indicated on the attached copy.
Mr. Chairperson, on behalf of the General Government Committee,
I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
#83096 August 18, 1983
Moved by Gosling supported by Sue Kuhn the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Gosling supported by Pernick the resolution be amended as
recommended in the General Government Committee report.
A sufficient majority having voted therefor, the motion carried.
Moved by Price supported by Hobart the resolution be laid on the table.
AYES: Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, McConnell, McDonald,
Moffitt, Nelson, Olsen, Page, Perinoff, Price, Rewold, Wilcox, Caddell, Calandro,
Doyon, Foley. (19)
NAYS Law, McPherson, Moore, Pernick, Aaron, Fortino. (6)
A sufficient majority havincT voted therefor, the motion carried and the
resolution was. laid on the table.