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Editor’s Note: This ordinance repealed former Art. III,
Grass and Noxious Weeds, adopted 6-18-2001 by Ord. No. 98, as amended.
This article is for the purpose of furthering the control and
the eradication of noxious weeds and grass in the Charter Township
of Blackman, to impose obligations upon the owner, agent or occupant
of such lot with respect to said control and eradication, and to implement
the enforcement of said obligations by a lien on the lands involved.
As used in this article, the following terms shall have the
meanings indicated:
Includes all types of grass, 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
1); poison ivy (Rhus toxicodendron); poison sumac (Toxicodendron vermi);
oxeyes; daisies; ragweed; goldenrod; brush; rank vegetation; or other
plants, grasses or other plants which in the opinion of the Township
Board is regarded as common nuisance (such as grass that would otherwise
not be a weed, if over a twelve-inch height).
This article shall apply to all lands in the Charter Township
of Blackman which are in commercial, industrial, residential and agricultural
zones with residential use areas, and/or which are platted as subdivisions,
to a depth of 165 feet.
Exceptions from the provisions of this article are flower gardens,
plots of shrubbery, vegetable gardens, and small grain plots and agricultural
lands. An exemption under the terms of this section cannot be claimed
unless the land has been cultivated and cared for in a manner appropriate
to such exemption categories.
It shall be unlawful for the agent, owner, or occupant of any land in the Charter Township of Blackman to cause, or permit to grow, on said land any noxious weeds or grass higher than 12 inches in height. The presence of such weeds or grass (as defined in § 55-9 hereof) upon such land is hereby deemed to be detrimental to the public health, safety, and welfare of the Township, and shall constitute a public nuisance.
It shall be the duty of the occupant and owner of any premises
within the Township to cut and remove or destroy by lawful means all
such weeds, grass or other rank, noxious or harmful vegetation, as
often as may be necessary to comply with the provisions of this article;
provided, however, that cutting, removing, or destroying of such weeds,
grass or such vegetation that is done at least once in every three
weeks, from March through November, contingent upon the growing season,
shall be deemed to be in compliance with the requirements of this
article.
A.
In the event that the owner, agent, or occupant of any land in said Township to which this article applies shall fail or refuse to comply with the provisions of § 55-13 hereof, the Township Supervisor or any officer, inspector, or other agent authorized by the Township Board may enter upon such land and cut and destroy any and all noxious weeds or harmful vegetation, as defined in § 55-9 hereof, located on such land.
B.
The owner, agent or occupant of such land shall be liable for all
cost incurred by the Township in connection with the cutting or destroying
any noxious weeds or grass. The owner, agent or occupant of such land
shall also be liable for payment of an additional fee of $50 for inspection.
C.
From the time of the commencement of the cutting and destruction of such noxious weeds or grass, as defined in Subsection B, the Township shall have a lien upon the land. In the event the charges involved are not paid by the owner, agent, or occupant of said land within 30 days of the date of billing to said person by first-class mail, payment shall be deemed delinquent and said lien enforceable as a tax lien, as is provided by law, against the land to be charged and collected as in the case of a general property case against the billing in question.
D.
If the owner, agent or occupant refuses to comply with the provisions
of this article after 60 days of the mailing of the first bill, such
owner, agent or occupant shall be guilty of a misdemeanor punishable
by a fine not to exceed $500 and up to 30 days in jail.
A.
The Charter Township of Blackman, or the Township Board, may appoint
an agent to carry out the provisions of this Code article.
B.
Any weeds or grass not cut by May 1 may be cut by the Township at
the expense of the property owner, and continue to be cut throughout
the growing season, as needed, and the cost charged to the property
owner.
