ARTICLE III. WEEDS
122-71 Dense noxious growth prohibited.
(a) No owner of any parcel of land within the City or the agent of such owner shall permit on such parcel of land or upon any sidewalk abutting the same, or upon that portion of any street or alley adjacent to the same between the property line and the curb or traveled portion of such street or alley, any growth of weeds, grass, or other rank vegetation to a height no greater than eight inches on the average, or any accumulation of dead weeds, grass, or brush. Nor shall such owner or agent permit on such land poison ivy, ragweed, or any other poisonous, noxious, or unhealthful growths.
(b) On private property no turf grass shall be permitted at a height greater than eight inches.
(Ord. No. 2282, § 1, 5-6-13)
122-72 Cutting required.
After the first day of April in any year, the Director of Community Development or his designee is authorized to notify the owner, occupant, agent or other person having control or management of any land or any parcel of land to cut, destroy, and/or remove the material and vegetation referred to in section 122-71, and to keep it cut, destroyed and/or removed until the thirty-first day of October next following the giving of the notice.
(Ord. No. 2282, § 1, 5-6-13)
122-73 Responsibility for abatement of poisonous, injurious, or noxious weeds and tall grass.
(a) The owner of any property is responsible for the abatement of any weeds or plant growth declared to be a public nuisance as set forth in section 122-71. It shall be prima facie evidence of ownership where a corporation, partnership, or individual is listed as owner of the property in the tract index. In the absence of a written agreement to the contrary between the owner and any other person, the owner shall be responsible for abatement under this section.
(b) For the purposes of this article, the property lying between the outermost edge of the street right-of-way and the street curb, or the drainage course paralleling the street where there is no curb, shall be deemed to be the responsibility of the person responsible under this article for the property abutting the street right-of-way; provided, that such person shall not be responsible for dead, dangerous, diseased, or insect-infected trees located on such right-of-way.
(c) In any case in which the owner, occupant, agent or other person having control or management of any land allows the presence thereon or on any portion thereof of any weeds, brush or other plant growth which constitutes a violation of section 122-71, the Department of Building and Safety shall notify by mail the owner, occupant, agent, or person having control of the land on which such weeds, brush, or other plant growth is growing to abate the violation within ten business days.
(Code 1985, § 25-15; Formerly § 122-72; Ord. No. 2282, § 1, 5-6-13)
122-74 Enforcement and abatement of nuisance.
(a) If private property, a lawn extension or City right-of-way is not maintained as required by this chapter, the Director of Community Development or his designee may have the work done to bring the property lawn extension or City right-of-way into compliance.
(b) The notice provided for enforcement of section 122-71 shall be sent to the address of the owner as shown on the Assessor’s records at least ten days prior to commencing the work. In the case of an immediate hazard to public safety no prior notice shall be necessary.
(Code 1985, § 25-16; Formerly § 122-73; Ord. No. 2282, § 1, 5-6-13)
122-75 Notice of abatement; contents.
(a) The City department abating the nuisance defined in section 122-71 shall cause periodic inspections. When a violation of section 122-71 or 122-72 is observed, those persons having ownership or other interest in or custody of the lands, as disclosed by the records of the Oakland County Assessor, shall be notified by mail addressed to the last known address of such persons concerned with the lands contained in the records of the Oakland County Assessor.
(b) The notice to abate a nuisance under this article shall set forth:
(1) The description of the lands found to be containing violations of this article;
(2) The nature of the violations;
(3) The corrective action to be taken; and
(4) The time by which the corrections are to be completed, such time not to be less than ten days from the date of mailing the notice.
(c) The notice shall further advise such persons of the provisions contained in this article for the City to abate the nuisance and that the cost thereof will be charged to such persons connected with the land or assessed such lands.
(Code 1985, § 25-17; Formerly § 122-74; Ord. No. 2282, § 1, 5-6-13)
122-76 Notice by publication.
In lieu of the notice provided for in section 122-75, the City department responsible for dense noxious growth abatement may cause a notice to be in a newspaper of general circulation in the County, stating that dense noxious growth is prohibited and must be abated, destroyed or removed by the person responsible for the property beginning May 1, and continuing throughout the months of October 31 of that year, and that failure to do so will result in the City causing the abatement, destruction or removal of the nuisance and the cost thereof charged against the person responsible for the property. The notice shall contain methods of treating and eradicating the nuisance and a summary of the provisions of this article. The City may abate, destroy or remove the nuisance as many times as are necessary between May 1 and October 31 of the notice year and charge the cost to the person responsible for the property.
(Code 1985, § 25-18; Formerly § 122-75; Ord. No. 2282, § 1, 5-6-13)
122-77 Failure to abate nuisance; City removal, costs.
(a) If any person having the duty, through connection with lands as set forth in this article, to abate the nuisance set forth in section 122-71 and fails or refuses to eliminate the nuisance after the notice procedures as contained in this article have been carried out, then the Director of the Department of Community Development or his designee shall cause the nuisance to be abated.
(b) All of the costs incurred in the abatement of the nuisance under this article shall be the expense of the person responsible for the lands. The City department or division undertaking the abatement process under this article shall keep records of all expenses related to the abatement with costs assigned to each parcel of land or lots or property description and the person responsible for such lands. In addition, an administrative fee to be established by resolution of the City Council shall be added to each invoice issued to recover costs associated with the abatement.
(Code 1985, § 25-19; Formerly § 122-76; Ord. No. 2282, § 1, 5-6-13)
122-78 Penalties.
(a) The owner (as shown on the Assessor’s records) of private property subject to this chapter is responsible for compliance. Each violation of this chapter shall be a civil infraction punishable by a civil fine of up to $500.00, plus costs and all other remedies available by statute. Violation of this chapter shall be punishable by a civil fine of not less than $100.00 for the first offense, not less than $300.00 for the second offense, and not less than $500.00 for each additional or subsequent offense within a two-year period, plus costs and all other remedies available by statute. The maximum fine for any offense shall not exceed $500.00. Each day of violation shall be a separate violation.
(b) All costs in connection with cutting, removing, destroying, trimming, eliminating or abating violations of this chapter shall be a lien upon the land where such nuisance shall have been caused by the City to be destroyed, cut, eliminated, removed, trimmed or abated, and all the costs of such abatement remaining unpaid each year, pursuant to provisions contained in the Charter of the City, shall be collected in the same manner that other special assessments are collected under the Charter.
(Code 1985, § 25-21; Ord. No. 2282, § 1, 5-6-13)