[HISTORY: Adopted by the City Commission
of the City of Royal Oak 7-2-1962 by Ord. No. 62-13. Amendments noted where
applicable.]
Pursuant to the provisions of Act 359, Public
Acts of 1941 (MCLA §§ 247.61 to 247.72), there is hereby
created the office of Commissioner of Noxious Weeds. Said Commissioner
of Noxious Weeds shall be appointed by the City Commission in accordance
with the provisions of the aforesaid Act 359 of the Public Acts of
1941, and shall possess all rights and be subject to all duties as
prescribed in said Act.
As used in this chapter, the following terms
shall have the meanings indicated:
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
alyssum (Berteroa incana), ragweed (ambrosia elatior 1.) and poison
ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other
plant which, in the opinion of the City Commission, is regarded as
a common nuisance.
A.
It shall be the duty of all owners of land on which
noxious weeds are found growing to destroy the same before they reach
a seed-bearing stage and to prevent such weeds from perpetuating themselves
or to prevent such weeds becoming a detriment to public health. The
Commissioner shall notify, by certified mail, with return receipt
requested, the owner, agent or occupant of any land on which noxious
weeds are found growing. Such notice shall be in substantially the
following form:
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City of Royal Oak Noxious Weed Notice
To: (Name and Address)
Re: (Location of land where weeds are found)
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Notice is hereby given that noxious weeds are
found growing upon the above-described property in the City of Royal
Oak. These weeds must be cut down or destroyed within 10 days from
the date of this notice.
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In case you fail or refuse to comply with this
notice, the undersigned Commissioner of Noxious Weeds will enter upon
your land and destroy said weeds. The expense incurred by the Commissioner
of Noxious Weeds in the destruction of said weeds will constitute
a lien against the above-described land, which will be enforced as
provided by law.
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Dated: ____________________
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_______________________________
Commissioner of Noxious Weeds
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B.
Failure of the Commissioner to give such notice shall
not, however, constitute a defense in any action to enforce the payment
of any penalty provided for, or debt created, under the provisions
of this chapter. In case any such owner, agent or occupant shall refuse
to destroy such noxious weeds, or cause the same to be destroyed,
the Commissioner may enter upon such lands and destroy such noxious
weeds or cause the same to be destroyed. Express power to so enter
upon such lands and destroy such noxious weeds is hereby conferred
upon such Commissioner. Any expense incurred in such destruction shall
be paid by the owner or owners of such lands, and the City shall have
a lien against such lands for such expense, which lien shall be enforced
in the manner now provided by law for the enforcement of mechanic's
liens.
[Amended 6-6-1966 by Ord. No. 66-14]
In the event the owner, agent or occupant of
any subdivided land in any subdivision in which buildings have been
erected on 60% of the lots included in that subdivision, or the owner,
agents or occupants of lots along improved streets in common usage,
for a depth of 10 rods or the depth of the lots, whichever is the
lesser, has failed, after 10 days' notice as provided herein, to destroy
such weeds or cause the same to be destroyed, then the Commissioner
of Noxious Weeds, or any official, inspector, or other agent authorized
by the City of Royal Oak, may enter upon such subdivided lands and
destroy by cutting, with or without mechanical equipment, which will
not damage the property or the sidewalk adjacent thereto, any such
weeds, and all expenses incurred in such destruction shall be paid
by the owner or owners of such subdivided lands. The City shall have
a lien upon such subdivided lands for such expense, such lien to be
enforced in the manner prescribed in the Charter of the City of Royal
Oak and by the general laws of the state providing for the enforcement
of tax liens.
[1]
Editor’s Note: Former § 757-5, Cutting of scrub
brush, scrub trees and long grass, added 6-6-1966 by Ord. No. 66-14,
as amended, was repealed 7-11-2016 by Ord. No. 2016-07.
[Added 9-5-1972 by Ord. No. 72-19; amended 8-20-2007 by Ord. No.
2007-08]
In lieu of the notice required by §757-3 of this chapter, the Commissioner may cause to be published in a newspaper of general circulation in the County during the month of March a notice that weeds or tall grass not cut by June 1 or thereafter of that year will be cut by the Commissioner and the owner of the property charged with the cost as provided for by this chapter. The publication shall also contain all other information required of the notice provided for in §757-3. The Commissioner may cut weeds or tall grass as many times as is necessary and charge the cost to the property owner.
[Added 9-5-1972 by Ord. No. 72-19]
Whenever the Commissioner, pursuant to the authority granted by §§ 757-3 and 757-4 of this chapter, enters upon land, either personally or through his agents, for the purpose of causing the destruction of noxious weeds, it shall become the obligation of the owner of such land to pay the expenses of destruction. If the owner of the property has received services as specified by this chapter, it shall be incumbent upon the owner to pay those expenses incurred by the City upon mailing of a statement for services. If the expenses remain unpaid as of March 1, following billing date, then a penalty of 5% shall be added to the existing debt. Request for addition of the debt plus penalty to the tax roll shall then be made.
[Amended 12-5-1994 by Ord. No. 94-8; 8-20-2007 by Ord. No.
2007-08]
A.
A person violating this chapter for the first time
is responsible for a municipal civil infraction and is subject to
payment of a civil fine of not less than $50, plus costs.
B.
A person violating this chapter for the second time
is responsible for a municipal civil infraction and is subject to
payment of a civil fine of not less than $100, plus costs.
C.
A person violating this chapter for the third time
is responsible for a municipal civil infraction and is subject to
payment of a civil fine of not less than $250, plus costs.
D.
A person violating this chapter for the fourth or
subsequent time is guilty of a misdemeanor, punishable by a fine of
not more than $500 or imprisonment for not more than 90 days, or to
both such fine and imprisonment in the discretion of the court.
