CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORDINANCE NO. 79
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, June 3, 2019, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance No. 79, Noxious Weeds, for the Charter Township of Orion, Michigan, to amend the Ordinance to reflect the elimination of the Weed Control Officer position and update to Code Enforcement Officer and update noxious weed height, abatement procedures and costs and reimbursement of abatement costs to the Township.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
AN ORDINANCE TO PROVIDE FOR THE REMOVAL AND DESTRUCTION OF NOXIOUS WEEDS IN THE CHARTER TOWNSHIP OF ORION, AND FOR THE COLLECTION OF SUCH REMOVAL BY THE CHARTER TOWNSHIP OF ORION, AND FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION THEREOF.
Section 1 – Title
This Ordinance shall be known and cited as the Orion Charter Township “Noxious Weed Ordinance”; and it shall be deemed sufficient in any action for enforcement of the provisions hereof to define the same by such short title and by reference to the number hereof.
Section 2 – Purpose
The purpose of this Ordinance is to further protect the health, safety, and welfare of the residents and taxpayers of the Charter Township of Orion by providing for:
A. The appointment of a Weed Control Code Enforcement Officer;
B. The removal and destruction of noxious weeds within the Township;
C. The collection of the cost of such removal and destruction;
D. The imposition of penalties for the violation of the provisions of this Ordinance.
Section 3 – Definitions
Noxious Weeds – includes:
. Canada thistle (Circium arvnse)
. Dodders (any species of Cuscuta)
. Mustards (charlock, black mustard, 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.)
. Poison ivy (rhus toxicodendron)
. Poison sumac (toxicodendron vernix)
. Ox-eyed daisies
. Or other plant which is recognized as deleterious to the health, safety, or public welfare and recognized as a common nuisance
. And all types and varieties of grass and weeds which exceed the height of twelve eight (128) inches above the ground level.
Owner – any person holding an ownership interest in land in the Charter Township of Orion upon which there are noxious weeds 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.
Section 4 – Weed Control Officer
A. Appointment. The Township Board shall appoint a competent person to be Weed Control Officer, and shall fix a salary for such office.
B. Oath. The Weed Control Officer shall take the oath required of the Township officers.
C. Term. The Weed Control Officer shall hold office for two (2) years provided, however, that the Weed Control Officer shall remain in office until a successor is appointed and qualified. All full terms shall start at noon on November 20 of each even-numbered year.
D. Removal. The Township Board may at any time remove the Weed Control Officer from office for good cause, and appoint a successor to serve the remaining portion of the removed Weed Control Officer’s term.
Section 5 4 – Prohibited Acts
A. It shall be unlawful for the owner, agent, or occupant of any lot or lots in any subdivision in the Township where buildings have been erected on fifty percent (50%) or more of the lots in such subdivision, or of any lot or lots facing a street in common usage in the Township to grow, or cause or permit to grow, any noxious weeds.
B. It shall be unlawful for any person to dump, place, pile, or otherwise deposit any noxious weeds, grass clippings, tree branches, brush, leaves, cut or dead plants of any nature on any vacant property without the written permission of the owner of said vacant land.
C. The presence of noxious weeds, grass over twelve eight (128) inches high, grass clippings, brush, tree branches, leaves, or cut or dead plants of any nature is hereby deemed to be detrimental to the public health, safety, and welfare and shall constitute a public nuisance.
Section 6 5 – Noxious Weed Abatement Procedures
A. Notification Required. Each year during the months of March and April and May, the Weed Control Code Enforcement Officer shall cause to be published in a newspaper of general circulation within the Charter Township of Orion notice of:
1. The prohibited acts contained in Section 5 4 of this Ordinance.
2. Failure to remove such weeds, grass, or other items shall result in the Township Weed Control Officer causing such public nuisance to be removed and the costs billed to the property owner.
3. Failure to pay such A minimum of seventy-five dollars ($75.00) will be charged for removal costs. within thirty (30) days shall cause that cost plus Removal costs will also incur a twenty fiver percent (25%) administration administrative fee, or other fee set by resolution of by the Township Board, to be placed as a lien on said property and to. The lien shall be placed on the tax roll if not paid by October 1.
B. Action Authorized.
1. If, after May 15, the owner, agent, or occupant of any lot or lots to which this Ordinance applies shall fail to comply or refuse to comply with the provisions herein, the Weed Control Code Enforcement Officer shall cause a notice to be sent by first class mail to the owner as listed on the Township assessment roll, or by posting said notice on the property in question.
2. If, after ten (10) days of the notice provided for in Paragraph 1 above having been sent, the owner, agent, or occupant of said lot or lots still has not complied with the provisions of this Ordinance, then the Weed Control Code Enforcement Officer may enter upon such lot or lots and cut and destroy, or cause to be cut and destroyed, any and all noxious weeds, tall grass, or other items of a public nuisance located thereon.
3. The Weed Control Code Enforcement Officer may use or cause to be used any hand or mechanical means of removing any and all items of public nuisance and shall take or cause to be taken all due care to avoid unnecessary damage to property.
C. Failure to Give Notice. Failure of the Weed Control Code Enforcement Officer to give the notice provided herein does not, however, constitute a defense to an action to enforce the payment of a fine provided for or debt created under this Ordinance.
Section 7 6 – Costs and Reimbursement of Abatement Costs to the Township
A. Costs. The owner, agent, or occupant of any lot or lots on which the Township is compelled to cut and destroy noxious weeds, tall grass, or other items of a public nuisance shall be liable for all costs incurred by the Township in connection with such cutting and destruction. The costs shall be computed as follows:
1. Whenever the Township shall enter upon any parcel of land in order to accomplish abatement of an existing violation, pursuant to the provisions of this Ordinance, the Township Weed Control Code Enforcement Officer is hereby authorized and directed to keep an accurate account of all expenses incurred, and, based upon same, and pursuant to authorized costs set per resolution of the Township Board, issue a certificate determining and certifying the reasonable cost involved for such work with respect to each parcel of property.
2. The Township Weed Control Code Enforcement Officer is also authorized to add a minimum of seventy five dollars ($75.00) to such coststhe cost and a twenty five percent (25%) administration charge, or other charge set by resolution of the Township Board, to cover the expenses of administering the work performed, costs of publication, overhead and other contingent expenses.
3. Within ten (10) days after receipt of the certificate, the Township treasurer shall forward a statement of the total charges assessed on each parcel of property to the person as shown by the last current assessment or tax roll and such assessment shall be payable to the Township treasurer within thirty (30) days from the date the statement was forwarded.
4. If not paid within the prescribed thirty (30) day periodby October 1st, such statement shall be filed with the Township assessor and shall thereupon be assessed against the land in question and become a lien on such property in accordance with the provisions of General property Tax Act. Such amount shall be a debt of the person to whom assessed until paid and, in case of delinquency, may be enforced as delinquent Township property taxes or by a suit against such person.
Section 8 7 – Severability
In the event that any section, sentence, word, phrase, or part of this Ordinance shall be held invalid, such holding shall not affect the balance of the provisions hereof.
Section 9 8 – Violation and Penalties
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Section 10 9 – Effective Date
This Ordinance shall take effect immediately upon publication in a newspaper of general circulation in the Charter Township of Orion.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion