Civil infraction enforcement; Notice requirements under International Property Maintenance Code (IPMC) §§ 106.2, 106.3, & 107.2; Ordinance interpretation; Great Lakes Soc’y v Georgetown Charter Twp; Mandatory language; Meaning of “shall” & “all”; Commission to Ban Fracking in MI v Board of State Canvassers & Reed-Pratt v Detroit City Clerk; Scope of appeal; Limited leave issues

The court held that defendants’ civil-infraction judgment had to be vacated because the city failed to provide notice “in accordance with Section 107” of the IPMC, and proper notice under that section was a prerequisite to any finding of liability. The case arose after plaintiff-Southfield cited defendants for failing to maintain a driveway allegedly containing uneven and broken slabs. But each notice of violation omitted any statement advising defendants of their right to appeal to the city’s property maintenance board of appeals. The district court nevertheless found defendants responsible for a civil infraction, and the circuit court affirmed. On appeal, the court held that the relevant ordinances and code provisions were straightforward: under IPMC § 107.2, the notice “‘shall be in accordance with all of the’” listed requirements, including that it “[i]nform the property owner or owner’s authorized agent of the right to appeal.” And under IPMC § 106.3 a person is guilty only if he or she fails to comply with “a notice of violation or order served in accordance with Section 107[.]” The court next found that there was “no dispute that the notices did not comply with IPMC, § 107.2(5),” and therefore defendants were not “served in accordance with Section 107.” It rejected the city’s argument that compliance with the other notice requirements was enough, emphasizing that “‘shall’” is ordinarily mandatory and that “‘all’ leaves no room for exceptions.” Because “a prerequisite to the determination of violation was not met,” the court held that defendants “could not be determined to have violated IPMC, § 302.3.” Vacated and remanded with instructions to dismiss the civil infraction.