Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven 5-12-2009 by Ord. No. 300; amended in its entirety 7-8-2014 by Ord. No. 323. Subsequent amendments noted where applicable.]
Nuisances — See Ch. 361.
The purpose of this chapter is to maintain, preserve, and improve the appearance of the community by regulating weeds and noxious plants.
This chapter shall be known and may be cited as the "Village of New Haven Weed Ordinance."
The following woods and term shall have the meanings ascribed to them in this section:
President, Code Enforcement Officer, DPW, or other Village designee.
Canada thistle (Circium arvense), milkweed (Asclepias cornutus), goldenrod (Solidago), burdock (Arctium lappa), mustards (Brassica), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), ragweed (Ambrosia elatior), poison ivy (Rhus toxicondendron), poison sumac (Toxicondendron vernix) or any other tree, shrub, plant, weed or other noxious material regarded as a common public nuisance.
Any person, firm, association, partnership, limited liability corporation or corporation shown on the owner of the land on Village tax rolls or other records, occupant or tenant, land contractor, vendor, or any other person claiming a possessory interest in the property, or mortgagee during foreclosure proceedings.
Any tree (living or dead), plant, weed, grass, brush, debris, refuse, filth or other noxious material which endangers property or the health or safety of the public; including any trees that have fallen on adjacent properties or pose a hazard to other property owner's public space.
No person, owner, or occupier of land within the Village limits shall permit or maintain any premises any dead or diseased trees, noxious or poisonous weeds, shrubs or plants, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious materials detrimental to the health, safety, or appearance of the Village.
As often as may be necessary to comply with the provision set forth in this chapter, every owner or occupant in charge of any land in the Village shall remove, destroy or cut, by lawful means, all dead or diseased trees, any accumulation of dead weeds, grass or turf in excess of six inches in height, or brush, noxious or poisonous weeds, shrubs, or plants growing thereon in such a manner that will effectively prevent such weeds, shrubs or plants from bearing seed and spreading to adjoining properties or becoming a fire hazard.
The Village shall publish a notice in a general circulation newsletter, newspaper and on any Village website on or before May 1 of each year, giving notice of requirements and provisions of this chapter. Notice shall also be posted at the municipal offices and available to public in ordinance book or on an online code listing service.
The enforcement officer shall give notice to the person charged with violating this chapter in writing, and shall be served upon said person, or, at the option of the enforcing officer, by posting a copy of this notice on the land or attaching the notice on a building or structure. A photograph of placed notice shall be taken in addition, a copy of violation letter shall be sent by first class mail to the owner of the land at the last known address. The notice shall specify that failure to remedy the violation(s) within 10 days of the date of service or 12 days from the date of mailing shall result in the issuance of a municipal infraction violation notice.
Any violation of this chapter shall be a municipal civil infraction pursuant to Ordinance No. 333, Section 10,[1] according to the following fine, fee, and cost schedule:
[Amended 1-13-2015 by Ord. No. 333; 7-10-2018 by Ord. No. 354]
Fines shall be imposed as follows:
For residential properties/users:
First offense: no less than $250.
Second offense: no less than $350.
Subsequent repeat offenses: $500.
For commercial or industrial properties/users:
First offense: no less than $500.
Second offense: no less than $500.
Subsequent repeat offenses: $500.
Each day in which any such violation continues shall be deemed a separate offense.
Fees may also be issued in proportion to the hours required by Village personnel to research, document, and process such municipal civil infraction violation notices.
Fee rate shall be: $25 per hour (minimum of one hour).
If fees are assessed, documentation of all hours worked by the Bureau Clerk or other duly appointed Village personnel on such matters shall be recorded.
Costs incurred by the Village may be issued in addition to the fines and fees listed above, pursuant to state law.
Costs shall be: as necessary to make whole the Village, as relates to the remedying of the municipal civil infraction.
If costs are assessed, documentation of all expenses incurred by the Village shall be recorded by the Bureau Clerk or other duly appointed Village personnel.
Assessment of costs. If the property owner does not pay the bill within 60 days of the costs and/or fee invoice, the costs shall be charged against the premises and it shall become a lien on the land or property assessed of the same character in effect as the lien created for taxes, plus an additional delinquency fee of 10% per month, until paid.
Editor's Note: See § 59-10 of the Code.
Code Enforcement Officer shall make a report on a monthly basis to the Village President for auditing purposes. Monies collected shall be deposited into a separate fund to be established for blight control.
If any owner of the blighted property shall fail to comply with the provisions of this chapter, the Village of New Haven President, Code Enforcement Officer or other designee of the President shall have the authority to enter upon said land and remedy the violations as stated in this chapter.
All expenses incurred by the Village, including costs of prosecution, shall be paid by the owner or occupant of the property. The assessment and collection of these fines shall be in accordance with MCLA § 600.8701 et seq. Each day this chapter is violated shall be considered as a separate violation.
The Superintendent of DPW shall keep an accurate account of the expense incurred at each separate parcel of land in violation, and shall present said accounting to the Village President and Village Council. This report shall then be sent to the Village Treasurer or Village Accountant, who shall audit all such expenditures for billing or possible inclusion on tax rolls. When such monies are collected, they are to be deposited into the general fund of the Village for reimbursement for the costs of publication and other expenses incurred by the Village as authorized in this chapter.
Liens on properties in violation of this chapter shall be published quarterly in a general circulation newspaper with the date of the next regularly scheduled Council meeting so that property owners may make objections or comments about the special assessments.