[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 5-15-1995 by Ord. No. 238 (Ch. 30, Art. III, of
the 2000 Code of Ordinances). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The growth of grass, weeds, brush, noxious weeds or other
rank vegetation to a greater height than 10 inches on the average,
or an accumulation of dead weeds, grass, brush or leaves.
Includes Canada thistle (Circium arvense), dodders (any species
of Cuscuta), mustards (charlock, black mustard and Indian mustard,
species of Brassica or Sinapis), wild carrot (Daucus carata), bindweed
(Convolvulus arvenis), perennial sowthistle (Sonchus arvenis), hoary
alyssum (Berteroa incana), giant hogweed (Heracleum mantegazzianum,
ragweed (ambrosia elatior 1.) and poison ivy (rhus toxicodendron),
poison sumac (toxicondendron vermis), oxeyes daisies, ragweed, goldenrod,
or other plant which is recognized as deleterious to health, safety,
or public welfare and recognized as common nuisance.[1]
Any natural person, firm, or corporation, as determined by
the last local tax assessment records.
The date on which a notice was deposited in the United States
Mails bearing proper address and postage.[2]
[2]
Editor's Note: Original Sec. 30-112, Unlawful to permit noxious weeds; nuisance, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 263, § 263-7D, regarding Section 302.4, Weeds, of the International Property Maintenance Code.
No owner, or the agent of an owner, of any real property within
the Village shall cause or permit to grow on such real property, or
upon any sidewalk abutting the property, or upon that portion of any
street or alley adjacent to the property between the property line
and the curb or traveled portion of such street or alley, any growth
of weeds, grass or other rank vegetation to a greater height than
10 inches on the average or any accumulation of dead weeds, grass,
or brush, being a noxious growth. The presence of such noxious growth
upon the real property is deemed to be detrimental to the public health,
safety and welfare, and shall constitute a public nuisance.
Upon a determination that a violation of this chapter exists,
the Village Manager or the Village Manager's designated representative
is authorized and empowered to notify, in writing, the owner or the
agent of the owner of any real property within the Village that such
owner or agent is deemed to be in violation of this chapter and that
such owner or agent is required to cut, destroy, trim and/or remove
any noxious weeds or noxious growth within five days after receipt
of written notice. Such notice shall be by certified mail, return
receipt requested, addressed to the owner or agent of the owner of
any real property where noxious weeds or noxious growth are found
to be growing at the owner's or agent's last known address,
and shall be accompanied by a copy of this chapter.
A.Â
Upon the failure, neglect, or refusal of any owner or agent notified pursuant to § 202-3 to cut, destroy, trim and/or remove noxious weeds or noxious growth growing upon such owner's property or upon any sidewalk abutting the property, or upon that portion of any street or alley adjacent to the property between the property line and the curb or traveled portion of any street or alley within five days after the receipt of the written notice provided for in § 202-3, the Village Manager or the Village Manager's designated representative is authorized and empowered to enter upon such lands to effect the cutting, trimming, destruction and/or removal of such noxious weeds or such noxious growth.
B.Â
When the Village has effected the cutting, trimming, destruction
and/or removal of such noxious weeds or noxious growth, the Village
shall have a lien upon the real property in the minimum amount of
$100 per lot or its equivalent; and the actual costs shall be a lien
against the real property and shall be reported to the Assessing Officer
of the Village, who shall assess the costs against the property from
which the noxious weeds or noxious growth were cut, trimmed, destroyed
and/or removed.
C.Â
The owner or party in interest in whose name the property appears
upon the last local tax assessment records shall be notified of the
amount of such costs by first-class mail, at the owner's and/or
party's in the interest last known address. If such owner or
party fails to pay the costs within 30 days after mailing by the Deputy
Clerk/Treasurer of the notice in the amount of costs, the Deputy Clerk/Treasurer
shall add the costs to the next tax roll of the Village; and the costs
shall be collected in the same manner in all respects as provided
by law for the collection of taxes by the Village.
In addition to any other charges, fines or penalties for which a person may be liable under § 202-4 or applicable law or local ordinance, any violation of this chapter shall constitute a municipal civil infraction, subject to § 1-2, plus costs and other sanctions, for each infraction. Each day during which any violation of this chapter continues shall be deemed a separate and distinct offense. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
The Village Manager or his or her designee, the Chief of Police of the Village of Spring Lake/City of Ferrysburg Police Department, officers of the Police Department, and any other individuals who may be appointed by resolution of the Village Council are designated as authorized Village officials to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Village Municipal Ordinance Violations Bureau) as provided by Chapter 25, Municipal Civil Infractions.
