[HISTORY: Adopted by the City Council of the City of Bridgman 8-20-2018 by Ord. No. 199. Amendments noted where applicable.]
This chapter shall be known and cited as the "City of Bridgman
Tall Grass and Weed Ordinance," and shall be applicable and in full
force and effect from May 1 through October 31 of each year.
The City hereby finds that unsightly tall grass and weeds growing
in unsuitable areas can have a blighting effect on neighborhoods,
and can provide a refuge for vermin and insects. The purpose of this
chapter is to regulate the height of grass and weeds in certain areas
of the City in which there is a higher population density, while still
maintaining and preserving the City's unique lakefront location,
which includes sand dunes, wild dune grasses, meadows, wetlands, and
woodlands.
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of grass or weed, but not including crops grown
as a source of income, including but not limited to corn, oats or
barley.
The use of land for tilling of the soil, the raising of field
or tree crops or animal husbandry, as a source of income.
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 City
of Bridgman upon which there is tall grass growing. For the purposes
of this chapter, the name and address listed on the City tax assessment
roll shall indicate ownership interest in such land.
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 carota), bindweed
(Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary
alyssum (Bertero aincana), giant hogweed (Heracleum mantegazzianum),
ragweed (ambrosia elatior 1), Japanese knotweed (fallopian japonica),
poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix),
garlic mustard (alliaria petiolata), spotted knapweed (centaurea maculosa),
phragmites (phragmites australis), and/or any other plant which, in
the opinion of the City Council, comes under the provisions of the
Noxious Weeds Act, Public Act 359 of 1941, as amended (MCLA § 247.61
et seq.), including grass over six inches in height, other than that
which is part of a vegetable or flower garden. Weeds shall be regarded
as a common nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
This chapter applies to the following:
B.
This chapter does not apply to:
(1)
Land used for agricultural purposes, including weeds in fields, devoted
to growing any small grain crops such as wheat, oats, barley, or rye.
(2)
Portions of lots used for flower gardens, shrubbery or vegetable
gardens.
(3)
Naturally wooded areas, dune and dune-grass areas, or regulated wetlands
or meadows.
(4)
Areas designated as undeveloped open space or meadows by the City
Council.
A.
Except as otherwise provided in this chapter, an owner and/or occupants
who owns or otherwise has occupancy rights for property in the City
is responsible for cutting, destroying, and removing or causing to
be cut, destroyed, or removed from the land all noxious and poisonous
weeds growing thereon, as well as dead grass and brush thereon, to
prevent such weeds from going to seed or blossom, as the case may
be; to prevent grass from growing in excess of six inches in height,
except for dune grass; and preventing such dead grass and brush from
becoming a fire hazard.
B.
The duties imposed in this section extend to the tree lawn, which
includes any portions of the abutting public right-of way that would
become part of the property if the right-of-way were vacated, except
for any roadway which is paved for vehicular traffic.
C.
In addition to the property owner or occupant, the manager of a business
on a property, meaning the person that exercises the most control
over the day-to-day operations of the business, shall also be responsible
parties subject to the duties imposed in this section.
D.
On an undeveloped or vacant lot, tall grass and weeds must be cut
back at a distance of at least 20 feet from the roadway by the owner
and/or occupants so as to allow a clear line of site for drivers,
and the owner and/or operator shall also cut grass and weeds back
at least 20 feet on each lot line where such property abuts any residential
property. The 20 feet which abuts a public street for purposes of
this section shall begin at the curb or, if none exists, at the edge
of the paved roadway nearest to the property. If a property under
this section abuts a residential property on the rear or side of the
property, the 20 feet shall start at the lot line.
A.
It shall be unlawful for the owner and/or occupant of any lot or
parcel of land to which this chapter 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. Nothing in this chapter shall be interpreted to prohibit
natural composting when such composting is done in an appropriate
area of the property, which shall not include the front yard.
B.
It shall be unlawful for the owner and/or occupant of any lot or
parcel of land to which this chapter applies to place, throw, sweep
or otherwise deposit any yard waste material of any kind on any alley,
street, gutter, sidewalk or utility right-of-way in the City.
A.
Enforcement officer. This chapter shall be enforced by the Bridgman
City Police Department and/or the City's designated Code Enforcement
Officer.
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 City of Bridgman for the purpose of inspecting,
removing of and/or destroying tall grass and weeds prohibited under
this chapter. No person shall interfere with such person or persons
while they are engaged in carrying out the provisions of this chapter.
C.
Violation notice. After inspection, if any property is determined
to be in violation of this chapter, a violation notice will 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 City. The
notice shall be sent by both first class and by posting a copy of
said notice on the property. The notice shall give the property owner
10 days from the date of the notice to cut the tall grass and weeds.
D.
Appeal provisions. A party aggrieved by a decision under Subsection C of this section may appeal the violation notice as follows:
(1)
Within the ten-day time period for which a lawn must be cut in Subsection C, an aggrieved party may file a written request with the City Clerk setting forth an appeal of the violation notice, along with specific reasons alleging why the allegations in the violation notice are improper.
(2)
The Clerk shall notice the aggrieved party, in writing, of the time,
place and date that the City Council will hold a hearing on the appeal.
(3)
The City Council may grant relief on appeal if it finds that there
is good cause to believe that the violation notice was issued in error.
"Good cause" shall mean that the City Council finds by a preponderance
of the evidence that the area ordered to be mowed is exempt from the
provisions of this chapter.
E.
Failure to comply. If no appeal is filed, and the tall grass and
weeds are not cut within 10 days, or if the tall grass and weeds are
not cut within five days of a decision on appeal ordering the cutting
of the grass and weeds, the City shall have the authority to enter
upon the land and/or to cause the grass and weeds to be mowed by an
authorized representative who is hereby empowered to enter upon any
premises or land in the City for the purpose of mowing tall grass
and weeds in violation of this chapter, even if the property owner
and/or occupant failed to actually receive said notice. The City of
Bridgman, 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 chapter.
F.
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 chapter, 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 City 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 of the same character in effect as the
lien created by general law for taxes, plus an additional delinquency
fee of 10% per month until paid.
A.
Any violation of this chapter shall be a municipal civil infraction,
subject to payment of a civil fine of not less than $50, plus applicable
costs and other sanctions for each violation as authorized by Section
1 of Act 17 of the Public Acts of 1994 (MCLA § 117.4l),
as amended, and the Bridgman Municipal Ordinance Violations Bureau
ordinance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Repeat offenses under this chapter 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 chapter 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 chapter
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 chapter occurs or continues
constitutes a separate offense subject to separate sanctions.
D.
If there is any evidence of retaliation by any offender against any
complainant or witness, such evidence shall be communicated to the
District Court. In sentencing any violator, the District Court or
Magistrate shall first examine the evidence of retaliation and, if
such be shown, shall consider such acts, including the amount of property
damage, and sentence the violator accordingly, which sentence may
include restitution for any damage.
Any violation of any provision of this chapter is hereby declared to be a nuisance and the City may seek enforcement of the chapter by suit for injunction, damages, or other appropriate legal action, as against a nuisance, at the expense of the property owner under MCLA § 600.2940(3), including reasonable attorney fees, which may be charged as a lien against the premises pursuant to the procedure in § 272-7F. Any such civil action shall be in addition to any prosecution for violations of this chapter as a municipal civil infraction. Commencement of any such proceedings shall not constitute an election of remedies.
The several provisions of this chapter are declared to be separate;
if any court shall hold that any section or provision hereof is invalid,
such holding shall not affect or impair the validity of any other
section or provision of this chapter.