[HISTORY: Adopted by the Township Board of the Township of
Three Oaks 10-14-2019 by Ord. No.
59. Amendments noted where applicable.]
This chapter shall be known and cited as the "Three Oaks Township
Tall Grass and Weed Ordinance."
The Township Board 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 chapter is to secure the
public health, safety and general welfare of the residents and property
owners of the Township by regulating the height grass and weeds allowed
to grow in certain areas of the Township.
The following words, terms and phrases, when used in this chapter
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 Township
upon which there is tall grass growing. For the purposes of this chapter,
the name and address listed on the Township 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 alyssum (Berteroa incana), ragweed (ambrosia elatior) and poison
ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other
plant, any of which, in the opinion of the Township Board, 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 part of a vegetable or flower garden,
and is regarded as a common nuisance.
A.
This chapter applies to platted and unplatted properties located
in the Township, regardless of being vacant or containing buildings
or other structures.
B.
The owner and/or occupants of land to which this chapter 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 Township either to cut or otherwise destroy by lawful means
all tall grass and weeds, as defined in this chapter, 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.
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.
A.
Enforcement officer. This chapter shall be enforced by such persons
who shall be so designated by the Township Board, who shall for purposes
of this chapter be the Ordinance Enforcement Officer (OEO), and shall
also be known as the "commissioner of noxious weeds."
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 Township for the purpose of inspecting, removing
of and/or destroying of tall grass and weeds prohibited under this
chapter. No person shall molest or 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 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 Township 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 seven days from the date of the notice to cut the tall grass
and weeds and describe methods of treatment and eradication.
D.
Failure to comply. If the tall grass and weeds are not cut within
seven days, the OEO 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
Township 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 Township, 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.
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 chapter shall
be paid by the owners of such land. After having a lot mowed, the
Township 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
30 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 (MCLA § 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 (MCLA § 211.1 et seq).
A.
Any violation of this chapter 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 Township has been put in connection
with enforcement of this chapter, not to exceed $500 (MCLA § 600.8727).
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 $100, plus costs.
(2)
The fine for any offense which is a second repeat offense shall be
not less than $200, plus costs.
(3)
The fine for any offense which is a third repeat or any subsequent
repeat offense shall be not less than $300 each, plus costs.
C.
Each day on which any violation of this chapter occurs or continues
constitutes a separate offense subject to separate sanctions.
Any violation of any provision of this chapter is hereby declared
to be a nuisance, and the Township 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, including
reasonable attorney fees.
The provisions of this chapter are hereby declared to be severable.
If any clause, sentence, word, section or provision is hereby declared
void or unenforceable for any reason by a court of competent jurisdiction,
it shall not affect the remainder of such chapter, which shall continue
in full force and effect.
All ordinance or parts of ordinances in conflict herewith are
hereby repealed.
This chapter shall take effect the 31st day after publication.
This chapter or a summary shall be published as required by
law in a newspaper of general circulation in the Township promptly
after its adoption, and shall be recorded in the Code book of the
Township and such recording authenticated by the signatures of the
Township Supervisor and Township Clerk.
