[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
A.
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]
(1)
(2)
Fees.
(a)
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.
[1]
Fee rate shall be: $25 per hour (minimum of one hour).
(b)
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.
(3)
Costs.
(a)
Costs incurred by the Village may be issued in addition to the
fines and fees listed above, pursuant to state law.
[1]
Costs shall be: as necessary to make whole the Village, as relates
to the remedying of the municipal civil infraction.
(b)
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.
(4)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
