[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 4-29-1974 by Ord. No. 74-011. Amendments noted where
applicable.]
CHARTER REFERENCES
Weeds and grass — See § C-389
et seq.
GENERAL REFERENCES
Nuisances — See Ch. 458.
Property maintenance — See Ch. 525.
Burning of leaves — See Ch. 557.
Trees — See Ch. 668.
STATUTORY REFERENCES
Box elder trees, female, as nuisance — See
MCLA § 124.151.
Weeds generally — See MCLA §§ 247.61
et seq., 286.701 et seq.
Cutting or destroying trees — See
MCLA § 247.241.
Malicious destruction of trees — See
MCLA § 750.382.
[Amended 4-4-2005 by Ord. No. 05-004]
A.
As used in this chapter and the City Charter, "weeds" and "grass" shall mean those species defined by the federal or state government as invasive, prohibited, restricted, noxious, or a similar category. Such federal or state determinations shall include, but not be limited to, determinations made by the United States Department of Agriculture (USDA), Michigan Department of Agriculture and Rural Development (MDARD), Michigan Department of National Resources (MDNR), or Michigan Department of Environment, Great Lakes and Energy (MDEGLE), or their predecessor or successor entities, or other such noxious weeds and/or grasses of any and all types as may be determined from time to time by City Council resolution. "Grass" shall also specifically include normal and typical lawn or yard grasses for purposes of prohibiting the growth of such grasses in excess of eight inches in height pursuant to § 712-4.
[Amended 9-26-2019 by Ord. No. 19-006]
B.
This chapter is intended to supersede all other chapters
and sections of the Code of the City of Monroe as such chapters and
sections relate to the procedure for the notice and abatement of items
and conditions as described in this chapter.
A.
Any shrub, plant, weed, tree, trash, debris, refuse,
filth or other noxious material which endangers public property or
the health and safety of the public is hereby declared to be a public
nuisance.
B.
Any tree, shrub, debris, trash, refuse, filth or other
noxious material which falls partly on public property and partly
on private property and which endangers public property or falls on
public property is hereby declared to be a public nuisance.
C.
The head of the Department of Public Services may
abate any such public nuisance without giving notice if the public
health or safety requires immediate attention.
It shall be the duty of every owner, possessor
or occupier of land and every person having charge of any land in
the City to remove, destroy or cut, or cause to be removed, destroyed
or cut, all dead or diseased trees.
[Amended 4-8-1996 by Ord. No. 96-008; 4-4-2005 by Ord. No.
05-004]
A.
Every owner, possessor or occupier of land, and every person having charge of any land in the City, shall remove, destroy or cut, or cause to be removed, destroyed or cut, all weeds and grass as defined in § 712-1 in such a manner as shall effectively prevent such weeds and grass from bearing seed or spreading to adjoining property, as needed during the usual growing season.
[Amended 9-26-2019 by Ord. No. 19-006]
[Amended 4-4-2005 by Ord. No. 05-004; 4-3-2017 by Ord. No. 17-002]
A.
May 1 of
each year shall be the annual date for the destruction or cutting
of the trees, weeds, shrubs or plants referred to in this chapter
which endanger public property or the health or safety of the public.
Notice of said annual date shall be published in a newspaper of general
circulation within Monroe County no less than 30 days before the annual
date, as well as being posted within City Hall.
B.
Every owner,
possessor or occupier of land, and every person having charge of any
land in the City, shall destroy and/or cut all such trees, weeds,
shrubs or plants referred to in this chapter on or before May 1 of
each year. Thereafter, all such trees, weeds, shrubs or plants referred
to in this chapter shall be cut or removed and destroyed before they
bear seed or spread to adjoining property; and all weeds and grasses
referred to in this chapter shall be cut before they exceed eight
inches in height.
Any tree, shrub, plant, trash, debris, refuse
or filth which prevents the Department of Public Services from getting
onto property and cutting it properly may be removed by the Department,
and the owner, possessor or occupier of land upon which such obstruction
exists may be assessed the cost of the removal.
[Amended 4-4-2005 by Ord. No. 05-004; 6-16-2008 by Ord. No.
08-008]
If any person shall fail to comply with the
provisions of the chapter, within a time specified, the head of the
Department of Public Services shall cause all such weeds, grasses,
trees, trash, debris, refuse, filth, or noxious materials to be cut,
destroyed, or removed from the land of the person not complying with
the provisions of this chapter.
[Amended 4-4-2005 by Ord. No. 05-004]
The head of the Department of Public Services
and his or her authorized representatives, or designees, are hereby
empowered to enter upon any premises in the City for the purpose of
removing or destroying noxious weeds, brush, grass, shrubs, plants,
trees, trash, debris, refuse, filth or other noxious materials. No
person shall molest or interfere with such person or persons while
they are engaged in carrying out the provisions of this chapter.
[Amended 4-3-2017 by Ord.
No. 17-002]
The head of the Department of Public Services
shall keep an accurate account of the expenses incurred by his or
her Department with respect to each parcel of land in carrying out
the provisions of this chapter and present the same to the Finance
Director. In addition to the actual expenses incurred in the destruction
or cutting of trees, weeds, shrubs, plants or grasses in accordance
with this chapter, an administrative fee shall be added to the account
of expenses. The amount of the administrative fee shall be set by
resolution of the City Council and may be increased or decreased from
time to time by resolution of the City Council. The Finance Director
shall immediately prepare and send an invoice to the last known owner,
as reflected by the current tax roll, for the cost of such work and
improvements to the property in accordance with the statement of the
head of the Department of Public Services reflecting the actual expenses
incurred, together with the administrative fee as set by City Council.
The Finance Director shall add 10% to the cost, including the administrative
fee, reflected by the head of the Department of Public Services, as
a penalty. In the event that the invoice is not paid forthwith by
the record owner, the cost of such payment shall be charged against
the premises, reported to the Assessor and levied by him or her as
a special tax or assessment upon the lot or premises. The special
assessment shall be subject to review, after proper notice is given,
as in all other cases of special assessment provided for by the City
Charter. When such tax is confirmed, it shall be a lien upon the premises
and the same shall be collected in the same manner as other City taxes,
or the City may file suit to collect the same.
[Amended 8-12-1996 by Ord. No. 96-018; 4-4-2005 by Ord. No.
05-004]
A.
Unless otherwise designated herein, whoever violates any of the provisions of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 nor more than $500, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided in § 1-27E of the Code of the City of Monroe.
B.
Whoever violates the provisions contained in § 712-8 shall be responsible for a municipal civil infraction, and subject to the payment of a civil fine in the amount of $500.
C.
Each day that a violation exists, occurs or continues
constitutes a separate offense and shall be subject to the penalties
and sanctions provided herein as a separate offense.
