[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I).]
As used in this article, 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), bindweeds
(Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary
alyssum (Berteroa incana), ragweed (ambrosia elatior) and poison ivy
(rhus toxicodendron, poison sumac toxicodendron vernix), or other
plants, grass, vines, trees, shrubs, or other growth whenever in the
opinion of the Village it is regarded as a public nuisance.
It shall be unlawful for the owner, agent or
occupant of any property located within the Village to permit to grow
any weeds, grass, vines, trees, shrubs, or other growth when the same
endangers property or the health or safety of the public, or is a
potential fire hazard, or such growth is hereby declared to be a public
nuisance.
The Village shall give written notice to the
owner or occupant of the premises upon which such nuisance is located,
or which adjoins that portion or the street or alley where such nuisance
is located, to remove, trim, or dispose of the same within 10 days
after service of said written notice. Said notice shall be given as
follows:
A.
The Village shall notify either the owner or occupant
of the premises in writing that conditions on the premises are unlawful.
The notice shall specifically describe the conditions constituting
the unlawfulness and shall specify the sections of this article that
are involved. The notice shall direct the recipient to correct the
offending conditions and shall specify the time within which the corrections
must be made.
B.
The notice required by this article shall be given
by certified mail, return receipt requested, to the property owner
of record or by posting a notice on said premises in a conspicuous
place. In the event that the owner or owners are not known or not
of the record, in addition to the posting, publication shall be given
in a newspaper of general circulation in the Village at least 10 days
before the effective date of the notice.
No one shall be in violation of this article
unless he shall have failed to comply with the notice specified in
this article within 10 days of the receipt thereof.
[Amended 4-8-2014 by Ord.
No. 2014-004]
A.
In the
event the owner, agent, or occupant of any property within the Village
of Bellevue to which this article applies has failed after 10 days’
notice as provided herein to cut or destroy such noxious weeds, grass,
plants, vines, trees, shrubs, or other growth or cause same to be
cut or destroyed, then any official inspector or other agent authorized
by the Village Council of the Village of Bellevue may enter upon such
property and destroy such weeds, grass, plants, vines, trees, shrubs,
or other growth by cutting or destroying with or without mechanical
equipment which will not damage the property or the sidewalks adjacent
thereto.
B.
Any and
all expenses and costs incurred by the Village of Bellevue with respect
to cutting, destroying, eradicating or controlling such noxious weeds,
grass, plants, vines, trees, shrubs, or other growth shall be paid
by the owner(s) or occupant(s) of the property. The Village shall
have a lien against the property for such expenses and costs, which
lien shall be enforced in the manner prescribed by the general laws
of the State of Michigan providing for the enforcement of tax liens.
The Village Council may, by resolution, establish costs and expenses
with respect to the cutting, destroying, eradicating or controlling
noxious weeds or other growth.
The Village may abate any such public nuisance
without giving notice if the public health or safety requires immediate
attention. The cost of abating such nuisance may be charged against
the premises and the owner thereof, in accordance with the provisions
heretofore set forth.
A violation of this article is a municipal civil
infraction. The penalty for a violation that is a municipal civil
infraction shall be a civil fine in an amount set by resolution of
the Village Council from time to time.
