[HISTORY: Adopted by the Township Board of the Township of
Cannon 6-28-2010 by Ord. No. 2010-4. Amendments noted where applicable.]
The following property conditions are declared to be a public
nuisance:
This chapter is not intended to prohibit or discourage the practice
of developing natural groundcover 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.
Exceptions shall be as follows:
The property owner shall also be responsible for maintaining, free of the nuisances described in § 251-1, all public ways abutting the property as follows:
A.
The Kent County right-of-way between the roadway and the property
owner's front property line or front right-of-way easement line.
B.
Any private road right-of-way which provides access to the property
owner between the private road and the property owner's front property
line or right-of-way easement line.
A.
In the event that a property owner fails to comply with this chapter,
the Township is hereby authorized and empowered to notify the property
owner of the violation and to direct the property owner to remove
the nuisance. Such notice shall be in writing, addressed to the property
owner as appears on the latest ad valorem property tax assessment
roll, and shall inform the property owner:
(1)
The nature of the violation.
(2)
The time in which the violation may be abated, which time shall not
be less than five days nor more than 10 days from the date of the
notice.
(3)
That the Township may act to abate the violation if it is not abated
by the owner within the time allowed.
(4)
That in the event the Township abates the nuisance, the cost of abatement
plus an administrative fee shall be assessed as a lien against the
property until paid.
(5)
That refusal of the property owner to abate the nuisance or to allow
the Township to abate a violation or nuisance shall result in prosecution.
B.
The failure to receive such notice shall not be a defense to any
action brought by a member of the public for injury or by the Township
to collect the costs of abatement or impose penalties or other fees
as authorized by this chapter.
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 his property to abate the nuisance or to provide and to make
payment for the abatement of the nuisance not more than six times
in a growing season between May and October.[1]
An administrative fee, set by Township resolution, shall be
added to any costs charged by the Township to the property owner whenever
the Township abates a nuisance under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 therein, until paid,
and enforced and collected in the same manner as provided by law,
and the cost and administrative fees shall be an additional penalty
in any civil infraction proceeding.
