Village of Baroda, MI
Berrien County
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[Comp. Ords. 1995, § 20.861; Ord. No. 29, 1-15-1917; Ord. No. 103, 10-4-1982]
It shall be unlawful for any person to carry any concealed firearms, slingshot, or any deadly weapon whatsoever within the corporate limits of the Village, except by written license of the Director of State Police or Chief of Police.
[Comp. Ords. 1995, § 20.708; Ord. No. 4, 1-15-1917]
No person except peace officers in the discharge of their duty or a citizen in self defense, shall draw, handle or flourish a revolver, pistol or gun in any street, alley, park or other public place.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
This division shall be known and cited as the Village of Baroda Tall Grass and Weed Ordinance, and shall be applicable and in full force and effect from May 1st through October 31st of each year.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
The Village Council hereby finds that tall grass and weeds can have a blighting effect on neighborhoods and can provide a refuge for vermin and insects. The purpose of this division is to secure the public health, safety and general welfare of the residents and property owners of the Village by regulating the height grass and weeds are allowed to grow in certain areas of the Village.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
GRASS
Any type of grass or other ground cover.
OCCUPANT
Any person who has the right to occupy a parcel of property due to being an owner or pursuant to a verbal or written lease or rental agreement with the owner or agent thereof.
OWNER
Any person holding an ownership interest in land in the Village upon which there is tall grass growing. For the purposes of this division, the name and address listed on the Village tax assessment roll shall indicate ownership interest in such land.
WEEDS
"Weeds" shall include Canada thistle (Circium 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 alyssurn (Berteroa incana), ragweed (ambrosia elatior 1) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other plant, any of which is in the opinion of the Village Council, comes under the provisions of the Noxious Weeds Act, Public Act 359 of 1941, as amended (MCL 247.61, et seq.), including grass over six inches in height, other than that part of a vegetable or flower garden, is regarded as a common nuisance.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
(a) 
This division applies to platted and un-platted properties located in the Village regardless of being vacant or contained building or other structures.
(b) 
This division does not apply to:
(1) 
Land used for agricultural purposes compliant with the provisions of the Village zoning ordinance.
(2) 
Portions of lots used for flower gardens or shrubbery.
(3) 
Portions of a residential lot used for vegetable gardens and crops grown as a source of income.
(4) 
Naturally wooded areas, regulated wetlands or meadows.
(5) 
Areas designated as undeveloped open space.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
The owner and/or occupants of land to which this division applies shall not allow tall grass or weeds to grow over six inches in height throughout the growing season, including grass and weeds in the right-of-way, and it shall be the duty of all owners and/or occupants of land located in the Village either to cut or otherwise destroy by lawful means all tall grass and weeds, as defined in this division, which are growing upon said property, before they reach a seed-bearing stage, and to prevent said weeds from perpetuating themselves and from becoming a detriment to public health. On an undeveloped lot in excess of two acres in area, tall grass and weeds must be cut back at a distance of at least 50 feet from the edge of street/road surface edge so as to allow a clear line of sight.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
It shall be unlawful for the owner and/or occupant of any lot or parcel of land to which this division applies to allow or maintain upon any portion of such lot or parcel any growth of tall grass or weeds as defined herein, or to permit the deposit or accumulation upon any portion of such lot or parcel of land, of any brush, yard debris, dead vegetation, or cut grass or weeds so as to create a nuisance due to unsightliness, an unhealthy or unsafe condition, or traffic hazard, or fire hazard. Growth of grass to a length greater than six inches shall be considered to be a nuisance for the purposes of this section.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
(a) 
Enforcement officer. This division shall be enforced by such persons who shall be so designated by the Village Council, who shall for purposes of this division be the Village Code Enforcement Officer (CEO).
(b) 
Right of entry. The Ordinance Enforcement Officer and his or her authorized representatives are hereby empowered to enter upon any premises or land in the Village for the purpose of inspecting, removing of and/or destroying of tall grass and weeds prohibited under this division. No person shall molest or interfere with such person or persons while they are engaged in carrying out the provisions of this division.
(c) 
Violation notice. After inspection, if any property is determined to be in violation of this division, a violation notice shall be sent to the property owner and/or occupant of said premises in which the name appears in the last local assessment record of the Village. The notice shall be sent by both first class mail and by posting a copy of said notice on the property. The notice shall give the property owner four days from the date of the notice to cut the tall grass and weeds.
(d) 
Failure to comply. If the tall grass and weeds are not cut within four days the CEO shall have the authority to enter upon the land and/or to cause the lawn to be mowed by an authorized representative who is hereby empowered to enter upon any premises or land in the Village for the purpose of mowing tall grass and weeds in violation of this division even if the property owner and/or occupant failed to actually receive said notice. The Village, its agents and representatives shall not be responsible for damage to buildings, vehicles, landscape, trees, shrubs, etc., during the mowing of property in violation of this division.
(e) 
Assessment of costs. All expenses of such cutting, to include equipment usage, transportation, man-hours involved, and overhead, including any and all cost incurred in the removal or relocation of debris, junk or other miscellaneous obstructions which would be necessary or convenient to carry out the requirements of this division shall be paid by the owners of such land plus an administrative charge of 15%, thereof per residential parcel, per cutting. After having a lot mowed, the Village shall then submit a bill to the property owner for the cost of the mowing. If the property owner does not pay the bill within 60 days of the date of the invoice, the cost of such payment shall be charged against the premises and it shall become a lien on the land or property assessed (MCL 247.64). The lien shall be enforced in the manner prescribed by the laws of the state of Michigan providing for the enforcement of tax liens according to the General Property Tax Act (MCL 211.1 et seq).
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
(a) 
Any violation of this division is a municipal civil infraction and shall be subject to payment of a fine of not less than $50, plus applicable court costs and expenses to which the Village has been put in connection with enforcement of this division not to exceed $500. (MCL 600.8727).
(b) 
Repeat offenses under this division shall be subject to increased fines as provided by this section. As used in this section, "repeat offense" means a second (or any subsequent) violation of the same requirement or provision of this section within any three-year period for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this division shall be as follows:
(1) 
The fine for any offense which is a first repeat offense shall be not less than $125 plus costs.
(2) 
The fine for any offense which is a second repeat offense shall be not less than $250 plus costs.
(3) 
The fine for any offense which is a third repeat or any subsequent repeat offense, shall be not less than $400 each plus costs.
(c) 
Each day on which any violation of this division occurs or continues, constitutes a separate offense subject to separate sanctions.
[Ord. No. 185, 8-3-2015; amended 7-5-2016]
Any violation of any provision of this division is hereby declared to be a nuisance and the Village may seek enforcement of the division by suit for injunction, damages, or other appropriate legal action, as against a nuisance, at the expense of the property owner including reasonable attorney fees.