[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 8-22-2007 by Ord. No.
07-02. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 395.
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.) and including Canada thistle (Cirsium arvense), dodders, (any
species of Cuscuta), mustards (Charlock, black mustard and Indian
mustard, species of Brassica or Sinapis), wild carrot (Daucus carota),
bindweed (convolvulus arvenis), perennial sowthistle (Sonchus arvensis),
hoary alyssum (Berteroa incana), giant hogweed (Heracleum mantegazzianum),
ragweed (ambrosia elatior), poison ivy (rhus toxicondendron), poison
sumac (Toxicodendron vernix), oxeyes daisies, ragweed, goldenrod,
or other plants which are recognized as deleterious to health, safety,
or public welfare and recognized as common nuisance.[1]
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 or occupant shall maintain all property, occupied
or vacant, improved or unimproved, free of the nuisances described
above, or any accumulation of dead weeds, grass or brush, for a depth
of 10 rods (165 feet) or the depth of the property, whichever is lesser,
measured from the street right-of-way.
B.
This chapter is not intended to prohibit or discourage the practice
of developing natural ground cover 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 not apply to the following uses: flower gardens,
plots or shrubbery, vegetable gardens, flower and vegetable farms,
small grain plots and regulated wetland areas. Such exception cannot
be claimed unless the land has been cultivated and cared for in a
manner appropriate to such categories.
A property owner shall also be responsible for maintaining, free of the nuisances described in § 522-1, 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.
[Amended 8-14-2013 by Ord. No. 13-04]
A.
In March of each year, a notice shall be published, in substantially the following form, in a newspaper of general circulation within the Township requiring that all nuisance conditions indicated in § 522-1, above, shall be abated before June 1, or the nuisance conditions may be abated by the Township, and the cost thereof shall be charged to the property and become a lien thereon; provided, however, in the year of adoption of this amending ordinance, the notice shall be published after adoption thereof, and the time for compliance shall be set for 60 days after publication.
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NOTICE
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NOXIOUS WEED AND PROPERTY NUISANCES CONTROL
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TO THE OWNERS, AGENTS OR OCCUPANTS OF LOTS IN SUBDIVISIONS AND
ALONG THE IMPROVED STREETS OF THE CHARTER TOWNSHIP OF HURON, YOU ARE
HEREBY NOTIFIED:
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(1)
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That it is unlawful to cause, or permit the growing of noxious
weeds on lots within subdivisions or along the improved streets of
the Charter Township of Huron; noxious weeds being defined as:
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Canada thistle (Cirsium arvense), dodders (any species of Cuscuta),
mustards (Charlock, black mustard and Indian mustard, species of Brassica
or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis),
perennial sowthistle (Sonchus arvensis), hoary alyssum (Bereteroa
incana), ragweed (Ambrosia elatior 1), and poison ivy (Rhus toxicodendron),
poison sumac (Rhus vernix), oxeyes daisies, ragweed, goldenrod, or
other plants which are recognized as deleterious to health, safety
or public welfare and recognized as common nuisance.
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(2)
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It is unlawful to cause or permit property nuisances. Property
nuisances include:
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A.
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Shrubs, bushes, vines, weeds or other plant growth obstructing
a sidewalk, pedestrian walkway, road right-of-way or other public
way.
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B.
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Weeds, grasses and undergrowth higher than eight inches.
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C.
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Dead trees deemed hazardous to the public or to an adjacent
property.
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B.
You are further notified that all noxious weeds and property nuisance
conditions not abated by June 1, shall be abated by the Township as
many times as is necessary, and the cost thereof shall be charged
to the property owner and shall become a lien upon the land and collected
in the same manner as general property taxes against the land.
C.
In addition, the failure to comply with Ordinance No. 07-02, requiring
the removal of noxious weeds and the abatement of property nuisances,
may subject you to prosecution and, upon conviction, you shall be
liable for a fine not to exceed $500.
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 the property to abate the nuisance or to provide and to make
payment for the abatement of the nuisance maintained.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction thereof by any court of competent
jurisdiction, be punished by a civil fine not to exceed $500. Any
actions by the property owner or the Township to bring the property
into compliance after the issuance of a citation shall not constitute
a defense to a prosecution for violation of the chapter. Each day
that any violation of any of the provisions of this chapter continues
shall constitute a separate offense.
An administrative fee of 25% of the actual cost for the abatement
of the nuisance 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 thereon, until paid, and
enforced and collected in the same manner as ad valorem property taxes.
The proceedings pending and all rights and liabilities existing,
acquired, or incurred at the time this chapter takes effect are saved
and may be consummated according to the law when they were commenced.
