What does a severability clause do?

A severability clause ensures that if one provision is found invalid, the rest of the ordinance remains effective.

Can a severability clause prevent a court from striking down an ordinance?

No; it cannot prevent a court from invalidating unlawful provisions, but it directs that only the invalid parts be removed when possible.

Who enforces code compliance in Sterling Heights?

The Community Development/Building Division and Code Enforcement handle compliance; see city contact resources for complaints.

Severability Clause - Sterling Heights City Code

General Governance and Administration Michigan 3 Minutes Read · published February 21, 2026

The severability clause in a municipal code explains what happens if a court finds a provision invalid. In Sterling Heights, Michigan, the clause preserves the remainder of the ordinance when one part is held unlawful, so that the invalidity of a single provision does not nullify the whole code. This guide summarizes the clause's legal effect, enforcement implications, practical defenses, and how residents or businesses can raise questions or appeals with Sterling Heights officials.

Penalties & Enforcement

The severability clause itself does not impose fines or criminal penalties; it governs legal effect when provisions are invalidated. Specific monetary fines or penalties for violating unrelated code provisions are set elsewhere in the code and not within the severability provision as cited on the municipal code page See code^[1]. If the court strikes a provision, enforcement typically continues for the remaining valid provisions.

A severability clause preserves the enforceability of unchanged provisions when one part is struck down.

Non-monetary effect: invalidation of one clause does not repeal the whole ordinance.
Common non-monetary sanctions for related violations: injunctions, compliance orders, or court proceedings.
Fines for violations arising under other provisions: not specified on the cited page See code^[1].
Enforcer and complaints: Code enforcement and the Community Development/Building Division handle compliance and complaints; contact details are available on the city website Community Development^[2].
Appeals and review: appeals follow court process or administrative review for the specific ordinance; the severability clause does not itself create a special appeal timeline, so time limits are set by the underlying enforcement provision or state law and are not specified on the cited municipal pages See code^[1].

Applications & Forms

There is typically no separate application for a severability determination; issues arise in litigation or administrative hearings under the specific ordinance enforcement process. For reporting violations or requesting enforcement action, use the City of Sterling Heights complaint/contact resources City Clerk / Ordinances^[3]. If a permit, variance, or license is relevant as a defense, apply through the department that issues that permit.

There is no standalone “severability appeal” form—challenge happens through the enforcement or court process.

Common Violations & Typical Outcomes

Zoning text conflicts: court may sever conflicting clause and leave remainder intact.
Building code provisions: invalid provision may be removed while compliance obligations under other sections remain.
Procedural defects in an ordinance: court may remand or sever depending on the ruling.

FAQ

What does a severability clause do?: A severability clause ensures that if one provision is found invalid, the rest of the ordinance remains effective.
Can a severability clause prevent a court from striking down an ordinance?: No; it cannot prevent a court from invalidating unlawful provisions, but it directs that only the invalid parts be removed when possible.
Who enforces code compliance in Sterling Heights?: The Community Development/Building Division and Code Enforcement handle compliance; see city contact resources for complaints.

How-To

Identify the specific ordinance provision you believe is invalid.
Check the municipal code text on the official code site to read the severability language and related sections Official code^[1].
Contact Community Development or the City Clerk to report concerns or request administrative review Community Development^[2].
If enforcement proceeds, consider consulting an attorney and be prepared to raise the severability issue in court or hearing.

Start with the municipal code and official city contacts before pursuing legal action.

Key Takeaways

Severability preserves the rest of the code if one part is invalidated.
Enforcement and appeals follow the underlying ordinance and court rules, not the severability clause itself.
Use official city contacts to report violations or seek administrative guidance.