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:
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 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
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.
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.
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.