Consumer Confidence Reports

With so much attention being paid to regulatory oversight of municipal water systems in MI – the following document was supplied in July 2015 following a request to the Village Clerk.

Consumer Confidence Reports for 2013 and 2014 (apologies as this was supplied as a PDF only 3mb)

1. The CRR is required to be submitted by April 1 of each year to MDEQ:

2. in compliance with the federal Safe Drinking Water Act.

3. EPA offers the following assistance for compliance.

 

DRAFT January 20, 2016 Village of Bear Lake Minutes

The following DRAFT minutes were received today from the Village Clerk.

Village of Bear Lake Council

REGULAR MEETING

January 20, 2016

Bear Lake Village Hall 

Unapproved 

Pledge of Allegiance – said by all.

The Regular Meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Bear Lake Village Hall.

Present: President: Jeff Bair Council: Ron Ronning, Carver Edwards, Don Hyrns, Peggy Bass, Jackie Johnson, Janene Gee, Deputy Treasurer: Sally King, Clerk: Cindi McPherson Staff: Jared Bair.

Absent: None

Guests: Greg McPherson, Pauline Jaquish, and John Prokes, Todd Merrill, Christopher Gomez and Joshua Feyers.

Motion by Ronning seconded by Johnson to accept the January 20, 2016 Agenda. Motion carried.

Public Comment: Jaquish reported on Sparkle in the Park.

Correspondence: Letter from Manistee County community foundation was read, Grant approval reward of $1,000 for Village of Bear Lake / Bear Lake High School storm drain project.

Regular Meeting Minutes for December 16, 2016 Motioned by Bass, seconded by Hyrns to accept the minutes. Motion Carried.

Maintenance Personnel Report: Jared Bair

* Park Report, Water Report, General Report and Equipment Report

  • Report on file.

Treasurer’s Report: Read and on file

Motion by Johnson, seconded by Bass to accept the Treasurer’s Report. Motion carried.

FUND NAME GRAND TOTAL

Building Fund $0

Equipment Fund $3,627.

Minor Street Fund $19,726.99

Major Street Fund $31,152.59

Park Fund $22,438.18

Water Fund $6,835.11

Museum Fund $0

General Fund $54,553.05

CD – Honor Bank $32,698.82

MMA $10,024.46 (Formerly Huntington Account)

Savings – Honor Bank $25,978.46

Bills to be paid – motion by Ronning, seconded by Gee, motion carried.

  • List of Bills to be Paid can be found at the end of the minutes

Reimbursement to the General Fund:

Major Street 11/01/2015-11/30/2015 $0

Minor Street 11/01/2015-11/30/2015 $0

Park Fund 11/01/2015-11/30/2015 $901.50

Water Fund 11/01/2015-11/30/2015 $214.50

Total to transfer to General Fund=$1,116.00

COMMITTEE REPORTS:

Park: 

* A presentation was given by Bear Lake High School teacher & students for the Storm Discharge System they will be designing and building for Hopkins Parks.  Presentation on file.

* Bathrooms almost ready for spring opening

* Job posting for part-time park manager – no inquiries at this time.

  • Jeff will continue to monitor park phone for reservations, a few reservations received

Trees:

Thompson’s Tree Removal Company was purchased by owner’s son.  Hope we will be able to continue business with him.

Streets:

Good job on snow removal.

Equipment:

* New pick-up truck doing a good job.

  • Jeff is looking for an architect to design a building for tucks & tractor storage.

Sidewalks:

  • Work to begin in Spring due to weather.

Museum:

Report by Jaquish – Contractor to start in Spring 2016.

Planning Commission:

No meeting/no report

Old Business:

* Village Council Committees were updated

  • Park Lease:  Bair reported a payment of $1000 was received from the marina’s owner on the lease/easement agreement in December 2015 but the check was NFS from the bank.  $720 is due yearly. Bair recommended the village lawyer moves forward on having renter remove his items from the village property.
  • A motion was made by Ronning, seconded by Bass to have the village lawyer move forward with action. Motion carried.

New Business:

* Date for Village budget meeting will be Thursday, February 11, 2016 at 6:30pm at the Village Hall of Bear Lake

* Price increase for RED village trash bags to $23.00.  Reflecting increase from trash removal company

* A resolution was made by Johnson, seconded by Gee to appoint the current Village Clerk to Street Administrator. Accepted by all members

* A motion was made by Ronning, seconded by Johnson to appoint the Deputy Treasurer to Treasurer till the end of current term.  Motion carried.

  • A motion by Bass, seconded by Gee to make Johnson President pro tempore for 2016.  Motion carried.

Public Comment:

McPherson wanted clarification on marina property/lease.

Council Members:

Village Treasurer’s office hours: Monday 2pm -6pm, Wednesday and Thursday 10am -1pm

Upcoming Events and Announcements:

* Community Dinner at Bear Lake United Methodist Church on Thursday 1/21/16, 5p – 6:30p

  • Home boys basketball game and recognition of Bear Lake High Boys Cross Country Team State award

Meeting adjourned at 8:15p

Respectfully Submitted, 

Cindi McPherson, Village Clerk

Bills to be paid – January 20, 2016

Staples: office supplies $511.21 General Fund

Crystal Lock & Supply: Locks for Village Hall $135 + 258 = $393.0 General

Bear Lake Vehicle Service Center: maint for tractor $85.00 Major Street Fund

Bear Lake Vehicle Service Center: Door latch $79.52 Major

Bear Lake Vehicle Service Center: repair strobe light $96.43 Major

Bear Lake Vehicle Service Center: blades, strobe light & connect $421.80 Major

Absolute Safety: drug test – Jared $25 Major

Absolute Safety: drug test – Jeremy  & Bryson $50 Major

OMS Compliance Services: pre-employment drug test – Jeremy $77.50 Major

OMS Compliance Services: pre-employment drug test – Bryson $77.50 Major

OMS Compliance Services: pre-employment drug test – Jared    $77.50 Major

Michigan Pipe & Value $1,792.80 Water Fund

McBride Systems $415.00 Water

USA Blue Book: Eye wash station $191.61 Water

Mead & Hunt: water system oversight/sampling $1,357.30 Water

Mead & Hunt: CCC program $240.00 Water

American Water Works Association (Gary McBride, membership) $75.00 Water

Reimbursement to Jared Bair – Light Bar for new truck $281.50 Park Fund

Bear Lake Ace Hardware $549.50 Park

Bittner/Jennings Attorneys $229.43 Park

Public Hearing 5 Year Park and Recreation Plan Village of Bear Lake

PUBLIC HEARING NOTICE FOR PLAN ADOPTION
Bear Lake Village
5 Year Park and Recreation Plan
Date:
February 17, 2016
Time: 7:00 pm
Location: Village of Bear Lake Hall
12376 Virginia Street, Bear Lake, Michigan

For your convenience you may download a copy here.
The 5-Year Recreation Plan is currently released for the required 30 day public view period and is available for viewing at all Library Branches, Townships, Village and City Halls as well as on the following websites:
http://www.manisteecounty.com/index.php?option=com_content&view=article&id=75&Itemid=126
http://www.allianceforeconomicsuccess.com/
http://www.manisteemi.gov/

Please provide comment in writing via mail to:

Manistee County Planning Department
415 Third street Manistee, MI  49660

or email to:
planning@manisteecountymi.gov

Village of Bear Lake – Approved December 2015 Minutes

The following Minutes were supplied by the Village Clerk today (01/18/16). and approved at the January 20 meeting with no corrections.

Village of Bear Lake Council  REGULAR MEETING  December 16, 2015

Bear Lake Village Hall 

Approved 

Pledge of Allegiance – said by all.

The Regular Meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Bear Lake Village Hall.

Present: President: Jeff Bair Council: Ron Ronning, Carver Edwards, Don Hyrns, Peggy Bass, Jackie Johnson, Janene Gee, Treasurer: Alice Howe, Clerk: Cindi McPherson Staff: Jared Bair.

Absent: None

Guests: Sally King, Greg McPherson, Pauline Jaquish, and Donna Ronning

Motion by Johnson seconded by Bass to accept the December 16, 2015 Agenda. Motion carried.

Public Comment: Jaquish reported on Sparkle in the Park.

Regular Meeting Minutes for October 21, 2015 Motioned by Ronning Seconded by Bass to accept the minutes with correction. Motion Carried.

Maintenance Personnel Report: Jared Bair

 Park Report, Water Report, General Report and Equipment Report

 Report will be found in December 2015 Minutes folder.

Treasurer’s Report: Read and on file

Motion by Bass seconded by Ronning to accept the Treasurer’s Report. Motion carried.

FUND NAME

  • Building Fund      0  
  • Equipment Fund  3,627.68 
  • Minor Street Fund   19,776.83
  • Major Street Fund      32,044.86
  • Park Fund   26,922.54
  • Water Fund   9,951.63
  • Museum Fund      0
  • General Fund    63,959.22
  • CD – Honor Bank   32,651.07
  • MMA     10,023.96 (Formerly Huntington Account)
  • Savings – Honor Bank  25,968.22

Bills to be paid – motion by Bass, seconded by Johnson, motion carried. 

List of Bills to be Paid can be found at the end of the minutes

Reimbursement to the General Fund:

Major Street 11/01/2015-11/30/2015 = $104.50
Minor Street 11/01/2015-11/30/2015 =$52.50
Park Fund 11/01/2015-11/30/2015 =$919.00
Water Fund 11/01/2015-11/30/2015 =$543.50
Total to transfer to General Fund=$1,619.00

COMMITTEE REPORTS:

Park: 

  • Jeff reported a payment of $1000 was received from the marina’s owner on the lease/easement agreement. They will continue to pay $1000 a month until paid off.  $720 is due yearly.
  • Job posting for part-time park manager – no inquiries at this time.
  • Jeff will monitor park phone for reservations in January

Trees – No Report

Streets – No Report

Water –

  • Same as October meeting; village is approved for grant, waiting for monies from next year’s budget from grant.
  • DEQ meeting – report was good.

Equipment:

The village pick-up truck has new tires

Sidewalks:

Work to begin in Spring due to weather.

Museum:

  • Report by Jaquish – Contractor to start in Spring 2016.
  • Hope to open for Bear Lake Days 2016
  • Attorney not in favor of 35 year lease but will do one.
  • A motion was made by Ronning and seconded by Johnson to go with a 35 year lease.  All in favor.
  • Old museum blank checks from past checking account will be destroyed.
  • Motion was made by Ronning, seconded by Johnson to go ahead with 35 year lease for the museum.  All in favor.

Blight/CABA:

  • The old Phillips gas station is waiting for permits before it can be torn down.
  • Update on blight buildings/permits/purchases.

Planning Commission:

AES meeting at Crystal Mountain to attract new business & employees.  Jeff Bair will attend & open to council members

NEW BUSINESS:

  • Bair read resignation letter from Alice Howe, village treasurer, effective December 31, 2015.
  • Two white small banquet tables will be purchase from Howe for $20 & used in village hall for public information.
  • 2016 Village Council Meetings dates, motion by Bass, seconded by Gee. Approved, all in favor.
  • A copy of the public comments from the AES November meeting was presented.
  • A motion was made by Johnson and seconded by Hyrns to destroy audio tapes of meeting after minutes have been approved.  The council may at it’s option & upon motion/approval of Village Council direct clerk to maintain tapes for a different period of time.
  • Johnson made a motion to accept Bear Lake Village and Bear Lake Township Joint Resolution. Seconded by Hyrns.  All in favor
  • A motion was made by Hyrns to purchase a plow pick-up truck from the village of Mesick for use of small plow jobs in the village. Up to $3000, funds will come out of Park Funds. Seconded by Johnson.  All in favor.
  • MDOT Road money was reported on by Bair
  • It was approved to get a drop box for the village hall.
  • Motion was made by Johnson to give a holiday bonus to Jared Bair($200) and Waller($100) and $500 to Michelle Mortenson for her consulting work with the new village clerk.  Bair/Waller out of Park Fund and Mortenson from General Fund.  Seconded by Bass.  All in favor.

OLD BUSINESS:

  • A motion was made by Ronning to offer health insurance to Jared Bair, Village Maintenance employee.  Seconded by Gee.  Bair accepted.
  • The 2015 Manistee County Natural Hazard Mitigation Plan was adopted. Motion made by Johnson and seconded by Ronning.  All in favor.  Tabled from last month
  • Marina Lease, Jeff Bair will have attorney draw up a promissory note to be signed by Marina business owner for remaining part of balance due.  Monies received go to Park Fund.

PUBLIC COMMENT: None

COUNCIL MEMBERS: None

Upcoming Events and Announcements:

  • Community Dinner at Bear Lake United Methodist Church on Thursday 12/17/15, 5p – 6:30p
  • 1st Varsity Bear Lake Basketball game 12/17/15

Meeting adjourned at 8:30p

Respectfully Submitted, 

Cindi McPherson, Village Clerk

Bills to be paid – November 18, 2015

  • Absolute Safety – $278.35 Safety Equipment – General Fund
  • Bear Lake Ace Hardware – $370.09 – General Fund
  • Personal Plumbing – $50.00 unstick zone valve – General Fund
  • Michigan Department of Eviro Quaility (DEQ)- $598.63 (due yearly) Water Fund
  • Elmer’s $88.13 finance late charge – Water Fund
  • Blarney Castle BL Vehicle Service Center – $2,292.37 Repair dump truck- Major Street
  • Auto Value – $21.18, $7.82 & $24.69 Major Fund
  • Brown & Son’s -$50.94  Topsoil – General Fund
  • IRS – $380.48  June payment – General Fund
  • Bear Lake Improvement Board – $441.00  Milfoil – Park Fund
  • McBride Septic System – $2,380.00- replace curb stop & leak shut –Water Fund
  • Haviland Products Co. – $430.50  Bleach – Water Fund
  • Mead & Hunt – $980.70 Sampling – Water Fund
  • Staples – $199.99 Quick Books Pro 20 – General Fund
  • Republic Services – $188.88 General Fund
  • Thompson Tree Removal $100  General Fund
  • Michigan Association of Municipal Clerks -$60.00  Village Clerk membership to MML – General Fund

Village of Bear Lake PROHIBITION OF USE OF GROUNDWATER Ordinance

PROHIBITION OF USE OF GROUNDWATER The Village of Bear Lake ORDAINS the adoption of Ordinance #2015-2 entitled “Prohibition of Use of Groundwater”.

(a) Purpose.

The Village of Bear Lake Village Council finds that the use of wells for water for human consumption and the use of wells that may influence the movement of contaminated groundwater constitute a potential public health risk. This section is intended to protect the public health, safety, and welfare.

(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Contaminated groundwater” means groundwater in which there is present concentrations of materials that exceed the residential drinking water criteria established by the DEQ by rule or operational memoranda pursuant to Part 201 of Michigan’s Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended.
(2) “DWRPD” means the Drinking Water and Radiologic Protection Division of the DEQ, or its successor agency.
(3) “Groundwater” means underground water within the zone of saturation.
(4) “DEQ” means the Michigan Department of Environmental Quality, or its successor agency.
(5) “Well” means an opening in the surface of the earth for the purpose of removing water through non-mechanical or mechanical means for any purpose.
(6) A reference to any Village official shall be deemed a reference to the individual duly appointed to such position and that individual’s designee.

(c) Prohibition.
Except as provided in subsection (d), no person shall install or utilize, or allow, permit, or provide for the installation or utilization of a well within the Village limits.

(d) Exceptions. A person may install or utilize, or allow, permit, or provide for the installation or utilization of, a well within the Village if any of the following exceptions applies and the requirements of the exception are complied with:
(1) This ordinance does not apply to wells established or to be established by or on behalf of the Village of Bear Lake. Any future wells to be established by the Village of Bear Lake must be done only after a public meeting and a majority vote of the Council of the Village of Bear Lake.
(2) Water service unavailable. If Village water service is unavailable to a premises in the Village, any well on that premises shall be tested annually by a laboratory that is acceptable to and for chemical parameters specified by the DWRPD. The results of that test shall be promptly submitted to the County Health Department for review. If the County Health Department determines that the well is safe and suitable for use, and proof of that determination is delivered annually to the Village, that well may be used. No split or conveyance of property shall be effective to render Village water service unavailable.
(3) Groundwater monitoring. A well may be used for groundwater monitoring and/or remediation as part of response activity approved by the DEQ.
(4) Construction de-watering. A well may be used for construction de-watering, if the following conditions are satisfied:
a.The use of the de-watering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or hydro geological effects on contaminated groundwater plumes, and
b. The water generated by that activity is properly handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction. Any exacerbation caused by the use of the well under this exception shall be the responsibility of the person operating the de-watering well, as provided in Part 201 of the Natural Resources and Environmental Protection Act, being MCL 324.20101 to 324.20142.

(4) Processing activities. If the DEQ determines that the use of a well for non-contact heating, cooling or processing activities will not cause the future migration of contaminated groundwater, and proof of that determination is delivered to the Village, the Village manager may execute a waiver allowing the use of the well for the permitted purposes upon such terms and conditions that the DEQ identifies.

(5) Public emergencies. A well may be used in the event of a public emergency.

(e) Sources of water supplied for human consumption. Except as provided in subsection (d), water supply for human consumption in the Village shall be delivered only from the Village water system or by the use of bottled water delivered or purchased in containers under conditions approved by the DWRPD or other appropriate agency. For the purposes of this subsection, the term “human consumption” means use in food or drink intended for human ingestion, use in food preparation or food service, use in the interior of a dwelling or dwelling unit for household purposes, and use in any building for personal washing or irrigation.

(f) Wells affecting contaminated groundwater. No well may be used or installed at any place in the Village if the use of the well will have the effect of causing the migration of contaminated groundwater or a contaminated groundwater plume to previously unimpacted groundwater, or adversely impacting any groundwater treatment system, unless the well is part of an DEQ or United States Environmental Protection Agency approved groundwater monitoring or remediation system.

(g) Non-conforming wells. Any existing well, the use of which is prohibited by subsection (b), shall be allowed to continue to operate subject to the following conditions:
(1) Until such time as there is a known adverse impact on ground water movement;
(2) The water from the well is determined to be contaminated and/or not fit for human consumption. The homeowner/property owner shall be responsible for having their well and the water inspected yearly, commencing one (1) year from the passage of this Ordinance. All inspections shall be filed with the Clerk for the Village of Bear Lake.
(3) The well is abandoned and/or unused for a period of twelve (12) months or longer; and
(4) The well requires any improvements in the aggregate over an amount of Five Hundred and no/100 ($500.00) Dollars in any six (6) month period of time. A permit to continue operating the well shall be required by the Village of Bear Lake. Any non-confirming well may not be enlarged or expanded. Any non-conforming wells failing to meet the exceptions listed herein shall be plugged or abandoned in conformance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction, or, in the absence of an applicable law, rule, regulation, requirement, order, or directive, in conformance with the protocol developed consistent with the American Standards for Testing and Materials standard #D5299-92.

(h) Enforcement. The Village shall be responsible for the enforcement of this section.
(i) Penalty, permit denial, remedies.
(1) Misdemeanor. Any violation of this section shall be a misdemeanor punishable by a fine not to exceed $500.00 and costs of prosecution or by imprisonment in the county jail for not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court. Each act of violation and each day upon which such violation shall occur or shall continue shall constitute a separate offense.
(2) Building or improvement permit. No permit for building, alteration, or other required permit for a premises or improvement thereon shall be issued by the Village for any premises found in violation of this section, or where it is proposed to install or use a well in violation of this section.
(3) Injunctive relief. The Village may further enforce this section by action seeking injunctive relief. Any well in violation of this section shall be deemed a nuisance subject to abatement.

(j) Miscellaneous.
(1) Severability. If any subsection, sentence, clause, phrase, or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this section. The Village shall promptly notify the DEQ upon the occurrence of any event described in this paragraph. Secs. ____________. – Reserved.

Village of Bear Lake Civil Infraction Ordinance

VILLAGE OF BEAR LAKE Ordinance No. 4 of 2015 Village of Bear Lake Municipal Civil Infraction Actions and Citations, Municipal Ordinance Violations Bureau

A) Definitions. As used in this section:

1) “Act” means Act 236 of the Public Acts of 1961, as amended
2) “Authorized village official” means a police officer or other personnel of the village authorized by these codified ordinances or any ordinance to issue municipal civil infraction citations or municipal ordinance violation notices.
3) “Bureau” means the village Municipal Ordinance Violations Bureau, as established by this chapter.
4) “Municipal civil infraction action” means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
5) “Municipal civil infraction citation” or “citation” means a written complaint or notice prepared by an authorized village official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
6) “Municipal ordinance violation notice” or “violation notice” means a written notice, other than a citation, prepared by an authorized village official, directing a person to appear at the village Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the village, as authorized under Section 8396 and 8707(6) of the Act.

B) Commencement of Municipal Civil Infraction Actions. A municipal civil infraction action may be commenced upon the issuance by an authorized village official of:
1) A municipal civil infraction citation directing the alleged violator to appear in court; or
2) A municipal ordinance violation notice directing the alleged violator to appear at the village Municipal Ordinance Violations Bureau.

C) Issuance and Service of Municipal Civil Infraction Citations. Municipal civil infraction citations shall be issued and served by authorized village officials as follows:
1) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.
2) The place for appearance specified in a citation shall be the district court.
3) Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the district court. Copies of the citation shall be retained by the village and issued to the alleged violator as provided by Section 8705 of the Act.
4) A citation for a municipal civil infraction, signed by an authorized village official shall be treated as if it were made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief.”
5) An authorized village official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
6) An authorized village official may issue a citation to a person if:
a) Based upon the investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction;
b) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for such an infraction and if the prosecuting attorney or village attorney approved in writing the issuance of the citation.
7) Municipal civil infraction citations shall be served by an authorized village official as follows: a) Except as provided by paragraph “C) 7) b)”, hereof, an authorized village official shall personally serve a copy of the citation upon the alleged violator.
b) If the municipal civil infraction action involves the use or occupancy of land, a building or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting the copy on the land or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by certified mail, return receipt, to the owner of the land, building or structure at the owner’s last known address.

D) Contents of Municipal Civil Infraction Citations.
1) A municipal civil infraction citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court and the time at or by which the appearance shall be made.
2) Further, the citation shall inform the alleged violator that he or she may do one of the following:
a) Admit responsibility for the municipal civil infraction by mail, in person or by representation, at or by the time specified for appearance.
b) Admit responsibility for the municipal civil infraction “with explanation” by mail, by the time specified for appearance, or in person or by representation.
c) Deny responsibility for the municipal civil infraction by doing either of the following:
(1) Appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the village.
(2) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(3) The citation shall also inform the alleged violator of all of the following:
a) That if the alleged violator desires to admit responsibility “with explanation” in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
b) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
c) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the village.
d) That at an informal hearing the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.

4) That at a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

5) The citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the municipal civil infraction.

E) Municipal Ordinance Violations Bureau.

1) Establishment. The village establishes a Municipal Ordinance Violations Bureau, as authorized under Section 8396 of the Act, to accept admissions of responsibility for municipal civil infractions in response to municipal ordinance violation notices issued and served by authorized village officials, and to collect and retain civil fines and costs as prescribed by these codified ordinances or any ordinance.
2) Location; supervision, rules and regulations; employees. The Bureau shall be located at village hall and shall be under the supervision and control of the treasurer. The treasurer, subject to the approval of the council, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified employees to administer the Bureau.
3) Disposition of violations. The Bureau may dispose only of municipal civil infraction violations for which a fine has been scheduled and for which a municipal ordinance violation notice has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Bureau. Nothing in this section shall prevent or restrict the village from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in a court of competent jurisdiction. No person shall be required to dispose of a municipal civil infraction violation at the Bureau, and may have the violation processed before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person or in any way diminish the person’s rights, privileges and protection accorded by law.
4) Scope of authority. The scope of the Bureau’s authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation.

F) Issuance and Service of Municipal Ordinance Violation Notices.
1) Contents. Municipal ordinance violation notices shall be issued and served by authorized village officials under the same circumstances and upon the same persons as are provided for municipal civil infraction citations in paragraph “C) 7)” hereof. In addition to any other information required by these codified ordinances or any other ordinance, the violation notice shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation and the consequences for failure to appear and pay the required fine within the required time.
2) Appearance; payment of fines and costs. An alleged violator receiving a municipal ordinance violation notice shall appear at the Bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal ordinance violation notice. An appearance may be made by mail, in person or by representation.
3) Procedure where admission of responsibility is not made or fine is not paid. If an authorized village official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and the civil fine and cost, if any, prescribed by the schedule of fines for the violation are not paid at the Bureau, a municipal civil infraction citation may be filed with the district court and a copy of the citation may be served by certified mail, return receipt, upon the alleged violator at the alleged violator’s last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by Sections 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.

G) Civil Penalties

1) A schedule of civil fines payable to the Municipal Ordinance Violations Bureau for admissions of responsibility by persons served with municipal ordinance violation notices is hereby established. The fines for municipal civil infractions shall be as stated in the various Ordinances. 2) A copy of the schedule, as amended from time to time, shall be posted at the Municipal Ordinance Violations Bureau.
3) A separate offense shall be deemed committed each day or on which a violation or noncompliance occurs or continues, unless otherwise provided.

H) Effective Date and Adoption This ordinance shall become effective after its publication as required by law.