[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 7-10-1996 by Ord. No. 7-1996 (Part 68 of the 1991 Compilation
of Ordinances). Amendments noted where applicable.]
The following conditions are declared to be a public nuisance:
A.
Shrubs, bushes, vines, weeds or other plant growth obstructing a
sidewalk, pedestrian walkway, road right-of-way or other public way.
B.
Noxious weeds, as defined by state law (MCLA § 247.62 et
seq.).
C.
Weeds, grasses and undergrowth higher than eight inches.
D.
Dead trees deemed hazardous to the public or to an adjacent property.
A.
A property owner shall maintain all property, occupied or vacant,
improved or unimproved, free of the nuisances described above and
in accordance with established and prevailing neighborhood standards
of the area in which the subject property is located. For the purposes
of this chapter, "established and prevailing neighborhood standards"
is defined as the prevailing and existing yard and lawn maintenance
practices of all property within 500 feet of the subject property
in question.
B.
This chapter is not intended to prohibit or discourage the practice
of developing natural groundcover areas, prairie yards, or gardens
and lawns using accepted xerophytic plantings and techniques. It is
intended to abate and eliminate situations where property is in a
state of actual neglect and shows no distinct plan or pattern of upkeep
or maintenance.
This chapter shall only apply to those properties lying west
of Buttrick Avenue and north of Interstate 96, and north 28th Street
and west of Interstate 96, as graphically depicted in Attachment A
of this chapter. This chapter shall not apply to properties zoned
ARC Agricultural Rural Conservation in accordance with the Cascade
Charter Township Zoning Ordinance (Ordinance 11 of 1988, as amended).[1]
[1]
Editor's Note: Attachment A is included at the end of this chapter. See Ch. 400, Zoning.
A property owner shall also be responsible for maintaining, free of the nuisances described in § 216-1, and in accordance with established and prevailing neighborhood standards all public ways abutting his own property as follows:
A.
The Kent County right-of-way between the paved roadway and the property
owners' front property line or front right-of-way easement line.
B.
Any private road right-of-way which provides access to the property
owner between the paved private road and the property owners' front
property line or right-of-way easement line.
A.
In the event that a property owner fails to comply with this chapter,
the Township is hereby authorized and empowered to notify the property
owner of the violation and to direct the property owner to remove
the nuisance. Such notice shall be in writing, addressed to the property
owner as appears on the latest ad valorem property tax assessment
roll, and shall inform the property owner:
(1)
The nature of the violation.
(2)
The time in which the violation may be abated, which time shall not
be less than five days nor more than 15 days from the date of the
notice.
(3)
That the Township may act to abate the violation if it is not abated
by the owner within the time allowed.
(4)
That in the event the Township abates the nuisance, the cost of abatement
plus an administrative fee shall be assessed as a lien against the
property until paid.
(5)
That refusal of the property owner to abate the nuisance or to allow
the Township to abate a violation or nuisance shall result in prosecution.
B.
The failure to receive such notice shall not be a defense to any
action brought by a member of the public for injury or by the Township
to collect the costs of abatement or impose penalties or other fees
as authorized by this chapter.
Upon failure, neglect, or refusal of any property owner to comply
with the provisions of this chapter, the Township or its authorized
contractors or other designee(s) is (are) authorized and empowered
to enter his property to abate the nuisance or to provide and to make
payment for the abatement of the nuisance maintained.
An administrative fee shall be added to any costs charged by
the Township to the property owner whenever the Township abates a
nuisance under this chapter.
When the Township abates a nuisance as provided hereunder, the
cost of the abatement and the authorized administrative fee shall
be billed to the property owner. The cost and fee shall be a debt
of the property owner to the Township which may be assessed as a lien
against the property, including interest therein, until paid, and
enforced and collected in the same manner as ad valorem property taxes.
