Noxious Weeds

CASCADE CHARTER TOWNSHIP
NOXIOUS SHRUBS, PLANTS, WEEDS AND OTHER CONDITIONS
Ord. 7/1996
Adopted: 7-10-96

AN ORDINANCE TO PROHIBIT THE OBSTRUCTION OF PUBLIC WAYS AND TO PROHIBIT NOXIOUS SHRUBS, PLANTS, WEEDS AND OTHER CONDITIONS, TO PROVIDE FOR THE ABATEMENT THEREOF AND TO PROVIDE PENALTIES FOR VIOLATION OF THE ORDINANCE.

THE CHARTER TOWNSHIP OF CASCADE ORDAINS:

Property conditions declared a public nuisance. Section I.

The following conditions are declared to be a public nuisance:

A. Shrubs, bushes, vines, weeds or other plant growth obstructing a sidewalk, pedestrian walkway, road right-of-way or other public way.

B. Noxious weeds, as defined by State law (MCL 147.62, et. seq.)

C. Weeds, grasses and undergrowth higher than eight inches.

D. Dead trees deemed hazardous to the public or to an adjacent property.

Nuisances prohibited. Section 2.

A. A property owner shall maintain all property, occupied or vacant, improved or unimproved, free of the nuisances described above and in accordance with "established and prevailing neighborhood standards" of the area in which the subject property is located. For the purposes of this Ordinance, "established and prevailing neighborhood standards" is defined as the prevailing and existing yard and lawn maintenance practices of all property within 500 feet of the subject property in question.

B. This Ordinance is not intended to prohibit or discourage the practice of developing natural groundcover areas, prairie yards, or gardens and lawns using accepted xerophytic plantings and techniques. It is intended to abate and eliminate situations where property is in a state of actual neglect and shows no distinct plan or pattern of upkeep or maintenance.

Exceptions. Section 3.

This Ordinance shall only apply to those properties lying west of Buttrick Avenue and north of Interstate 96, and north 28th Street and west of Interstate 96, as graphically depicted in Attachment "A" of this Ordinance. This Ordinance shall not apply to properties zoned ARC, Agricultural Rural Conservation in accordance with the Cascade Charter Township Zoning Ordinance (Ordinance 11 of 1988, as amended).

Responsibility for road right-of-way, and public utility easements. Section 4.

A property owner shall also be responsible for maintaining, free of the nuisances described in Section 1, and in accordance with established and prevailing neighborhood standards all public ways abutting his own property as follows:

A. The Kent County right-of-way between the paved roadway and the property owners’ front property line or front right-of-way easement line.

B. Any private road right-of-way which provides access to the property owner between the paved private road and the property owners’ front property line or right-of-way easement line.

Notice of violation. Section 5.

In the event that a property owner fails to comply with this Ordinance, the Township is hereby authorized and empowered to notify the property owner of the violation and to direct the property owner to remove the nuisance. Such notice shall be in writing, addressed to the property owner as appears on the latest ad valorem property tax assessment roll, and shall inform the property owner:

A. The nature of the violation.

B. The time in which the violation may be abated, which time shall not be less than five days nor more than 15 days from the date of the notice.

C. That the Township may act to abate the violation if it is not abated by the owner within the time allowed.

D. That in the event the Township abates the nuisance, the cost of abatement plus an administrative fee shall be assessed as a lien against the property until paid.

E. That refusal of the property owner to abate the nuisance or to allow the Township to abate a violation or nuisance shall result in prosecution.

The failure to receive such notice shall not be a defense to any action brought by a member of the public for injury or by the Township to collect the costs of abatement or impose penalties or other fees as authorized by this Ordinance.

Abatement. Section 6.

Upon failure, neglect, or refusal of any property owner to comply with the provisions of this Ordinance, the Township or its authorized contractors or other designee(s) is (are) authorized and empowered to enter his property to abate the nuisance or to provide and to make payment for the abatement of the nuisance maintained.

Violation and penalties. Section 7.

Any person, firm or corporation violating any of the provisions of this Ordinance, shall, upon conviction thereof by any court of competent jurisdiction, be punished by a civil fine not to exceed $500.00. Any actions by the property owner or the Township to bring the property into compliance after the issuance of a citation shall not constitute a defense to a prosecution for violation of the Ordinance.

Administrative fee. Section 8.

An administrative fee shall be added to any costs charged by the Township to the property owner whenever the Township abates a nuisance under this Ordinance.

Charge to owner. Section 9.

When the Township abates a nuisance as provided hereunder, the cost of the abatement and the authorized administrative fee shall be billed to the property owner. The cost and fee shall be a debt of the property owner to the Township which may be assessed as a lien against the property, including interest therein, until paid, and enforced and collected in the same manner as ad valorem property taxes.

Effective date. Section 10.

This Ordinance shall take effect on the date of publication of a copy thereof in the Grand Rapids Press, a newspaper of general circulation within Cascade Township.

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