[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 11-10-1997 by Ord. No. 208 (Ch. 14, Art. III, of
the 2003 Code of Ordinances); amended in its entirety 8-11-2008. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Municipal civil infractions — See Ch. 34.
A.
The Village Council determines that the growths of certain noxious
weeds constitute public nuisances and are detrimental to the public
health and general welfare, and that the control, eradication and
removal thereof by ordinance is required.
B.
The Village Council further determines that the public health and
general welfare require that the height of grasses and uncultivated
vegetation on properties be prescribed in that the unregulated height
of such growths constitutes a fire hazard and/or conceals rubbish
or trash which provide harborage for rodents or other pests.
As used in this chapter, the following terms shall have the
meanings indicated:
All grasses, annual plants and vegetation except trees, shrubs,
bushes, wildflowers, cultivated flowers, ground cover plants, or gardens.
Canada thistle (Cirsium arvense) or other thistle, dodders
(any species of Cuscuta), mustards (charlock, black mustard and Indian
mustard, species of Brassica or Sinapis), wild carrot (Daucus carota),
bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis),
hoary alyssum (Berteroa incana), ragweed (Ambrosia elatior 1.) and
poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix),
pigweed, duckweed and milkweed.
Any lot located within a recorded plat or any other property,
whether residential, commercial or industrial.
A.
It shall be the duty of the owner or occupant of land:
B.
If the owner or occupant of land neglects, fails, or refuses to destroy
noxious weeds or cause them to be destroyed, or neglects, fails or
refuses to cut or cause to be cut as necessary grasses and uncultivated
vegetation on a property so as to prevent, the height of said growths
from exceeding 10 inches, then any duly authorized official, inspector,
or other agent of the Village, or any independent contractor engaged
by the Village to perform such work, may enter upon the property and
destroy any noxious weeds by cutting or other lawful means, or to
cut grasses and uncultivated vegetation on any improved property,
with or without mechanical equipment.
C.
All expenses incurred by the Village in the performance of the cutting
or destroying of noxious weeds or the cutting of grasses and uncultivated
vegetation on a property shall constitute a lien against the property
upon which such work was performed until paid in full. In the alternative,
the Village may recover the costs and expenses of said work by such
other means as may be provided by law.
A.
The Village Clerk shall publish a notice in a newspaper of general
circulation in the county during the month of March each year stating
that beginning May 1 of each year, noxious weeds exceeding 10 inches
in height, may be cut by the Village and that grasses and uncultivated
vegetation on a property exceeding 10 inches in height, may be cut
by the Village, and that the owner or occupant of the property shall
be charged with all costs and expenses thus incurred. Each publication
shall also contain other information concerning methods of cutting,
destroying, eradicating, or otherwise removing noxious weeds, and
summaries of the provisions of this chapter pertaining to noxious
weeds and height limitations of grasses and, uncultivated vegetation.
B.
In the event that a violation of this chapter is either observed
or reported to the Village, the Ordinance Enforcement Officer or other
authorized official or designee shall post a violation notice on the
structure and the Village shall mail a copy of the notice by regular
mail to the occupant of the premises, or if the premises is unoccupied,
to the person to whom the property is assessed to comply with the
requirements of this chapter within five days of the date of service
or such action as is required to bring the property in compliance
shall be taken by the Village with costs assessed to the occupant/owner.
Service shall be deemed accomplished on the date of mailing. The failure
to give such notice shall not constitute a defense to any action to
enforce the recovery of costs and expenses incurred by the Village
for performing such work or void any lien imposed as security for
the collection or said costs and expenses in favor of the Village
provided for in this chapter.
The Village may cut noxious weeds and/or grasses and uncultivated vegetation on a property as many times as is necessary to bring the property into compliance with this chapter. The initial notice of violation shall be the only required notice. Repeat violations may result in the Village entering the offending property to take such action necessary to bring the property into compliance with this chapter and to charge the costs and expenses thus incurred to the property owner or occupant. In the event of the neglect, failure or refusal of the owner or occupant to pay said costs and expenses, the security for payment prescribed in § 208-3C shall apply.
A.
Any person who violates any provision of this chapter, including,
without limitation, the failure or refusal to remove noxious growths
following service of notice to do so as provided in this chapter or
to pay costs due to the Village where the noxious growths have been
removed by the Village is responsible for a municipal civil infraction,
subject to payment of a civil fine or not less than $50, nor more
than $500, plus costs and other sanctions, for each violation (as
authorized by Chapter VI, Section 2 of the General Law Village Act,
Act No. 3 of the Public Acts of Michigan of 1895, as amended,[1] Chapter 34, Municipal Civil Infractions, of this Code, and other applicable laws).
[1]
Editor's Note: See MCLA § 66.2.
B.
Repeat offenses under this chapter shall be subject to increased
fines as provided by this section, below. As used in this section,
"repeat offense" means a second (or any subsequent) violation of the
same requirement or provision of this chapter: committed by a person
within any one-hundred-eighty-day period; and for which the person
admits responsibility or is determined to be responsible. The increased
fine for a repeat offense under this chapter shall be as follows:
(1)
The fine for any offense which is a first repeat offense shall be
not less than $100, plus costs.
(2)
The fine for any offense which is a second repeat offense shall be
not less than $250 plus costs.
(3)
The fine for any offense which is a third repeat offense shall be
not less than $400.
(4)
The fine for any offense which is a fourth repeat offense, or any
subsequent repeat offense shall be not less than $500.
C.
Each day on which any violation of this chapter occurs or continues
constitutes a separate offense subject to separate sanctions.
D.
The Ordinance Enforcement Officer is hereby designated as the authorized Village official to issue municipal civil infraction citations and municipal civil infraction notices for violations of this chapter, as provided by Chapter 34, Municipal Civil Infractions. As used in this chapter, "Ordinance Enforcement Officer" means the Village official, employee, agent or other entity appointed by resolution of the Village Council to perform the functions and tasks assigned by this chapter to the Ordinance Enforcement Officer.
E.
A violation of this chapter is deemed to be a nuisance per se. In
addition to any other remedy available at law, the Village may bring
an action for an injunction or other process against a person to restrain,
prevent or abate any violation of this chapter.