ORDINANCE NO. 59
THREE OAKS TOWNSHIP, BERRIEN COUNTY, STATE OF MICHIGAN TALL GRASS AND WEED ORDINANCE
ADOPTED: October 14 ,2019
(Effective: November 17 ,2019)
AN ORDINANCE TO DEFINE WORDS; TO PROHIBIT TALL GRASS AND NOXIOUS WEEDS WITHIN THE BOUNDARIES OF THREE OAKS TOWNSHIP PURSUANT TO ACT 359 OF 1941, MCL 247.61 ET. SEQ., AS MAY BE AMENDED; TO PROVIDE PENALTIES FOR VIOLATION OF THIS ORDINANCE; TO PROVIDE FOR SEVERABILITY; TO REPEAL ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE AN EFFECTIVE DATE.
THE TOWNSHIP OF THREE OAKS, BERRIEN COUNTY, MICHIGAN ORDAINS: SECTION 1. Title.
This Ordinance shall be known and cited as the Three Oaks Township Tall Grass and Weed Ordinance.
SECTION 2. Purpose.
. The Township Board 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 ordinance is to secure the public health, safety and general welfare of the residents and property owners of the Township by regulating the height grass and weeds allowed to grow in certain areas of the Township.
SECTION 3. Definitions.
The following words, terms and phrases, when used in this ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
GRASS – Any type of grass or other ground cover.
OCCUPANT – 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.
OWNER – Any person holding an ownership interest in land in the Township upon which there is tall grass growing. For the purposes of this ordinance, the name and address listed on the Township tax assessment roll shall indicate ownership interest in such land.
WEEDS – Weeds shall include 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 six·inches in height, other than that part of a vegetable or flower garden, is regarded as a common nuisance.
SECTION 4. Land subject to regulations.
(a) This ordinance applies to platted and un-platted properties located in the Township regardless of being vacant or containing buildings or other structures.
(b) This ordinance does not apply to:
(1) Land used for agricultural purposes compliant with the provisions of the Township Zoning Ordinance.
(2) Portions of lots used for flower gardens or shrubbery.
(3) Portions of a residential lot used for vegetable gardens and crops grown as a source of income.
(4) Naturally wooded areas, regulated wetlands or meadows.
(5) Areas designated as undeveloped open space.
SECTION 5. Duty to cut grass.
The owner and/or occupants of land to which this ordinance applies shall not allow tall grass or weeds to grow over six 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 the Township either to cut or otherwise destroy by lawful means all tall grass and weeds, as defined in this ordinance, 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 in excess of two acres in area, tall grass and weeds must be cut back at a distance of at least 50 feet from the edge of street/road surface edge so as to allow a clear line of sight.
SECTION 6. Unlawful acts.
It shall be unlawful for the owner and/or occupant of any lot or parcel of land to which this ordinance 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 unsightilness, an unhealthy or unsafe condition, or traffic hazard, or fire hazard. Growth of grass to a length greater than six (6) inches shall be considered to be a nuisance for the purposes of this section.
SECTION 7. Enforcement.
(a) Enforcement officer. This ordinance shall be enforced by such persons who shall be so designated by the Township Board, who shall for purposes of this ordinance be the Ordinance Enforcement Officer (OEO), and shall also be known as the commissioner of noxious weeds.
(b) Right of entry. The Ordinance Enforcement Officer and his or her authorized representatives are hereby empowered to enter upon any premises or land in the Township for the purpose of inspecting, removing of and/or destroying of tall grass and weeds prohibited under this ordinance. No person shall molest or interfere with such person or persons while they are engaged in carrying out the provisions of this ordinance.
(c) Violation notice. After inspection, if any property is determined to be in violation of this ordinance, a violation notice shall 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 Townshi-p. The notice shall be sent by both first class mail and by posting a copy of said notice on the property. The notice shall give the property owner seven (7) days from the date of the notice to cut the tall grass and weeds and describe methods of treatment and eradication.
(d) Failure to comply. If the tall grass and weeds are not cut within seven (7) days the OEO 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 the Township for the purpose of mowing tall grass and weeds in violation of this ordinance even if the property owner and/or occupant failed to actually receive said notice. The Township, 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 ordinance.
(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 ordinance shall be paid by the owners of such land. 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 thirty (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 (MCL 247.64). The lien shall be enforced in the manner prescribed by the laws of the state of Michigan providing for the enforcement of tax liens according to the General Property Tax Act (MCL 211.1 et seq).
SECTION 8. Penalties.
(a) Any violation of this ordinance is a municipal civil infraction and shall be subject to payment of a fine of not less than $50.00, plus applicable court costs and expenses to which the Township has been put in connection with enforcement of this ordinance not to exceed $500.00 (MCL 600.8727).
(b) Repeat offenses under this ordinance 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 Ordinance within any three (3) year period for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows:
(1) The fine for any offense which is a first repeat offense shall be not less than
$100 plus costs.
(2) The fine for any offense which is a second repeat offense shall be not less than $200 plus costs.·
(3) The fine for any offense which is a third repeat or any subsequent repeat offense, shall be not less than $300 each plus costs.
(c) Each day on which any violation of this ordinance occurs or continues, constitutes a separate offense subject to separate sanctions.
SECTION 9. Declaration of nuisance.
Any violation of any provision of this ordinance 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 including reasonable attorney fees.
SECTION 10. Severability.
The provisions of this ordinance ·are hereby declared to be severable. If any clause, sentence, word, section or provision is hereby declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect.
SECTION 11. Repeal.
All ordinance or parts of ordinances in conflict herewith are hereby repealed.
SECTION 12. Effective Date.
This ordinance shall take effect the 31st day after publication.
SECTION 13. Publication, Recordation.
This Ordinance or a summary shall be published as required by law in a newspaper of general circulation in the Township, promptly after its adoption, and shall be recorded in the Ordinance Book of the Township and such recording authenticated by the signatures of the Township Supervisor and Township Clerk.
The above Ordinance was offered for adoption by Township Board Member
Zabel and seconded by Township Board Member Mitchell , the roll call vote being as follows:
NAME
YES
NO
ABSENT
George Mangold
X
Elizabeth Zabel
X
Kathy Osburn
X
Rexalee Gordon
X
Chris Mitchell
X
THE BOARD SUPERVISOR DECLARED THIS ORDINANCE ADOPTED THIS 14th DAY OF October ,2019.
CERTIFICATION
I certify that the foregoing is a true and complete copy of the Tall Grass and Weed Ordinance by the Three Oaks Township Board at a meeting held on the 14th
day of _October, 2019, the original of which is on file in my office and available
to the public. Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of Michigan 1976, including in the case of a special or rescheduled meeting, notice by posting at least eighteen (18) hours prior to the time set for said meeting.
Dated: October 14 ,2019 Elizabeth Zabel, Township Clerk
PUBLICATION
I hereby certify that the Ordinance or a summary of the foregoing Ordinance was
Published in the BERRIEN COUNTY RECORD of Buchannan, Michigan, on the 17th day of October ,2019.
Dated: October 15, 2019
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