[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:
Any type of grass or other ground cover.
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.
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" 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.
