[HISTORY: Adopted by the Township Board of the Township of
New Buffalo 7-29-2011 by Ord. No.
20110729. Amendments noted where applicable.]
This chapter shall be known as the "Grass, Noxious Weeds and
Vegetation Ordinance."
It is hereby determined to be desirable and necessary for public
health, safety and welfare of New Buffalo Township, Berrien County,
Michigan, that a Grass, Noxious Weeds and Vegetation Ordinance be
established to ensure that each property owner within the Township
shall be responsible for cutting their grass regularly, cutting and
destroying any Canada thistles, milkweeds, wild carrots, oxeye daisies,
ragweed, poison ivy, tall grass and any other noxious vegetation growing
or situated on any area of their property within the Township.
A.
It shall be the duty of every property owner, possessor or occupier
of land within New Buffalo Township to cut down or use herbicides
that are safe to surrounding properties on all grass, noxious weeds
and poisonous weeds growing thereon any time as such weeds and grasses
exceed six inches in height, and as often as necessary to prevent
them from going to seed.
B.
In order to effectively enforce and control the elimination of noxious
weeds and grasses, all noxious weeds and grasses which are of a height
of six inches or more growing or lying upon any property within New
Buffalo Township are hereby declared a public nuisance.
New Buffalo Township shall give written notice to the owner
of any property containing vegetation as described in the sections
above by first-class mail to such owner as taken from the tax rolls,
and such owner shall be given notice and shall have 10 days from and
after such notice to remove or cut the grass and noxious vegetation
from the property. In the event such owner does not cut and destroy
the grass or noxious vegetation on the property within the 10 days
as required, the Township may enter such premises and cut and destroy
such grass and noxious vegetation. This notice shall suffice as notice
for the entire growing season. In the event said grass and noxious
vegetation is again allowed to grow to a height of six inches or more,
the Township shall have the right to remove said vegetation without
additional notification.
This chapter does not apply and shall not be enforceable to
land that is zoned Ag Agriculture and/or used as agriculture land.
This chapter does apply to and shall be enforceable to the front,
side and rear yards (as defined in the Township Zoning Ordinance)
of land in an Ag Agriculture district or land used as Ag Agriculture
land.
A.
In the event the Township is required to cut and remove the noxious
vegetation from any property, as provided by the preceding sections,
the Township shall thereafter bill the owner of such property for
the expense of cutting and removing/destroying such grass and noxious
vegetation and the owner of such property shall be responsible for
the expense of cutting and removing/destroying the same. In addition
to the owner of such property being responsible for the expense of
cutting and removing/destroying such grass and noxious vegetation,
the owner of such property may be cited for a municipal civil infraction.
Fines, costs and fees are established from time to time by resolution
of the Township Board. Check with the Municipal Ordinance Violations
Bureau for the Schedule of Civil Fines and Costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In the event that any property owner does not pay the Township the
expense of cutting and removing/destroying grass and noxious vegetation
after being billed as outlined above, the expense of so cutting and
removing/destroying shall be added to the tax bill of the owner of
such property and become a lien against said property, and shall be
collected in a like manner as taxes are collected.
