The Township 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 article is to secure the public health,
safety and general welfare of the residents and property owners of
Bear Creek Township by regulating the height grass and weeds are allowed
to grow in certain areas of the Township in which more people reside
in close proximity.
As used in this article, the following terms shall have the
meanings indicated:
Any type of grass or weed, but not including crops grown
as a source of income, including, but not limited to, corn, oats or
barley.
The use of land for tilling of the soil, the raising of field
or tree crops or animal husbandry as a source of income.
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
of Bear Creek upon which there is tall grass growing. For the purposes
of this article, the name and address listed on the Township tax assessment
roll shall indicate ownership interest in such land.
Includes 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
alyssurn (Berteroa incana), ragweed (Ambrosia elatior 1) and poison
ivy (Rhus toxicodendron), poison sumac (Toxicodendron vernix) or other
plant, any of which is in the opinion of the Township Board, comes
under the provisions of the Noxious Weeds Act, Public Act 359 of 1941,
as amended (MCL 247.61 et seq.), including grass over eight inches
in height, other than that part of a vegetable or flower garden, is
regarded as a common nuisance.
A.
This article applies to the following:
(1)
Lots in a platted subdivision with a structure;
(2)
Vacant lots within platted residential subdivisions in which buildings
have been erected upon 60% or more of the lots; or
(3)
On parcels of land along improved streets in common usage within
the Township to a depth of 165 feet or the depth of the ownership,
whichever is the lesser.
B.
This article does not apply to:
(1)
Land used for agricultural purposes, including weeds in fields devoted
to growing any small grain crops such as wheat, oats, barley, or rye.
(2)
Portions of lots used for flower gardens, shrubbery or vegetable
gardens.
(3)
Naturally wooded areas, regulated wetlands or meadows.
(4)
Areas designated as undeveloped open space.
The owner and/or occupants of land to which this article applies
shall not allow tall grass or weeds to grow over eight 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 Bear Creek Township either to cut or otherwise destroy by lawful
means all tall "grass" and "weeds," as defined in this article, 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, tall grass and
weeds must be cut back at a distance of at least 30 feet from the
roadway so as to allow a clear line of site.
It shall be unlawful for the owner and/or occupant of any lot
or parcel of land to which this article 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 eight
inches shall be considered to be a nuisance for the purposes of this
section.
A.
Enforcement officer. This article shall be enforced by such persons
who shall be so designated by the Township Board, who shall for purposes
of this article be the Bear Creek Township Code Enforcement/Zoning
Officer.
B.
Right of entry. The Code Enforcement Officer and his or her authorized
representatives are hereby empowered to enter upon any premises or
land in Bear Creek Township for the purpose of inspecting, removing
of and/or destroying of tall grass and weeds prohibited under this
article. No person shall molest or interfere with such person or persons
while they are engaged in carrying out the provisions of this article.
C.
Violation notice. After inspection, if any property is determined
to be in violation of this article, a violation notice will 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 and/or by posting a copy
of said notice on the property. The notice shall give the property
owner 15 days from the date of the notice to cut the tall grass and
weeds.
D.
Failure to comply. If the tall grass and weeds are not cut within
15 days, the Code Enforcement Officer 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 Bear Creek Township for the purpose of mowing tall grass
and weeds in violation of this article even if the property owner
and/or occupant failed to actually receive said notice. The Township
of Bear Creek, 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 article.
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 article shall
be paid by the owners of such land, plus an administrative charge
of 15% thereof per residential parcel, per cutting. 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 of the same character in effect as
the lien created by general law for taxes, plus an additional delinquency
fee of 10% per month until paid.
A.
Any violation of this article shall be a summary offense, subject
to payment of a civil fine of not less than $150, plus applicable
costs and other sanctions for each violation.
B.
Repeat offenses under this article 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 article 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 article
shall be as follows:
(1)
The fine for any offense which is a first repeat offense shall be
not less than $250, plus costs.
(2)
The fine for any offense which is a second repeat offense shall be
not less than $350, plus costs.
(3)
The fine for any offense which is a third repeat, or any subsequent
repeat offense, shall be not less than $500 each, plus costs.
C.
Each day on which any violation of this article occurs or continues,
constitutes a separate offense subject to separate sanctions.
D.
If there is any evidence of retaliation by any offender against any
complainant or witness, such evidence shall be communicated to the
District Court. In sentencing any violator, the District Court or
Magistrate shall first examine the evidence of retaliation, and, if
such be shown, shall consider such acts, including the amount of property
damage, and sentence the violator accordingly, which sentence may
include restitution for any damage.
E.
Declaration of nuisance. Any violation of any provision of this article
is hereby declared to be a nuisance and the Township may seek enforcement
of the Ordinance by suit for injunction, damages, or other appropriate
legal action, as against a nuisance, at the expense of the property
owner under, including reasonable attorney fees. Any such civil action
shall be in addition to any prosecution for violations of this article
as a municipal civil infraction; commencement of any such proceedings
shall not constitute an election of remedies.
