The following words and phrases when used in this article shall having the meanings respectively ascribed to them:

Commissioner of noxious weeds shall mean the community and economic development or his or her designee as part of their day-to-day position responsibilities, in accordance with PA 359 of 1941, MCL 247.61.

Native plants shall mean those plants indigenous to a given area in geologic time. This includes plants identified as native plant species in the Southern Lower Peninsula by the Michigan State University, Department of Entomology, Native Plants and Ecosystem Services.

Noxious vegetation shall mean all turf grass, turf grass weeds, brush, wildings, second growth, rank vegetation or other unmanaged vegetation having a height greater than six inches or a spread greater than six inches.

Noxious weeds shall include any and all noxious weeds as defined by the Noxious Weeds Act, Public Act 359 of 1941, MCL 247.62 and all future amendments and revisions to MCL 247.62, when they are effective in this state, are incorporated and adopted by reference. Noxious weeds shall also include all invasive species as legally designated by the State of Michigan as either "prohibited" or "restricted" that are listed in the Michigan's Invasive Species Watch List.

Responsible person shall mean the person appearing on the city tax rolls to whom the property tax is assessed.

Turf grass shall mean continuous plant coverage consisting of a grass species that is mowed to maintain an established height.

(Ord. No. 2138, § 1, 5-28-19)

No responsible person of any lots or land within the city 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 noxious weeds or noxious vegetation of a greater height than six inches on the average, nor allow any accumulation of dead vegetation, noxious weeds, noxious vegetation, grass or brush.

(Ord. No. 2138, § 1, 5-28-19)

The responsible person of lots or land within the city shall cut, destroy, or remove all noxious weeds and noxious vegetation from the property. If, after ten days' notice for noxious weeds, or three days' notice for noxious vegetation, the community and economic development director or his or her designee finds that any responsible person has failed to cut, destroy, or remove noxious weeds or noxious vegetation as set out in section 27-17, he or she shall notify the responsible person of the lot or land where the noxious weeds or noxious vegetation is found growing, by either, posting notice to the property or by certified mail with return receipt requested. The notice shall describe methods of cutting, destroying, removing, treating or eradicating the noxious weeds and noxious vegetation and shall contain a summary of the provisions of this article. Failure of such responsible person to receive such notice shall not constitute a defense to any action to enforce the payment of any costs provided for or debt created under this article. If the responsible person refuses to cut, destroy, or remove the noxious weeds or noxious vegetation, the city shall enter upon the land and cut, destroy, or remove the noxious weeds or noxious vegetation. Expenses incurred by the city in the cutting, destroying, or removing the noxious weeds or noxious vegetation, shall be billed to the responsible person, shall constitute a lien against the land as a special assessment, and shall be enforced as prescribed in the Charter for the collection of special assessments.

(Ord. No. 2138, § 1, 5-28-19)

State Law reference— Similar provisions, MCL 247.64.

No responsible person shall place or permit to be placed or shall maintain on any lot or parcel of land within the city, any concrete rubble, piles of stones, rubbish, brush or other offensive materials or uneven mounds of earth that would present a hazard to the public or make it unfeasible to cut, destroy or remove noxious weeds or noxious vegetation. If, after ten days' notice, the community and economic development director or his or her designee finds that any responsible person has failed to clear or remove any concrete rubble, piles of stones, rubbish, brush or other offensive materials or uneven mounds of earth that would present a hazard to the public or make it unfeasible to cut, destroy or remove noxious weeds or noxious vegetation, he or she shall notify, by certified mail with return receipt requested, the responsible person of the lot or land where the material or conditions are found. If the responsible person refuses to remove the offending material, the city shall enter upon the land and clear or remove the offending material. Expenses incurred by the city in the clearing or removing the offending material shall be billed to the responsible person and shall constitute a lien against the land as a special assessment and shall be enforced as prescribed in the Charter for the collection of special assessments.

(Ord. No. 2138, § 1, 5-28-19)

The city treasurer or his or her designee shall keep an accurate account of expenses incurred in cutting, destroying, removing, treating or eradicating the noxious weeds and noxious vegetation, or the clearing or removal of offending concrete rubble, piles of stones, rubbish, brush or other offensive materials with respect to each parcel of land entered upon therefore, and shall make a sworn statement of said account and deliver the same to the city clerk.

(Ord. No. 2138, § 1, 5-28-19)

After the accounts required by section 27-20 have been audited, allowed and paid, it shall be the duty of the city clerk to certify them forthwith to the city treasurer. Payment of all expenditures represented by said accounts shall be enforced as prescribed in the Charter for the collection of special assessments.

(Ord. No. 2138, § 1, 5-28-19)

(a)

Intent and purpose. A variety of landscapes adds diversity and richness to the quality of life in Madison Heights. There are, nonetheless, reasonable expectations regarding the city's landscapes which, if not met, may decrease the value of nearby properties, degrade the natural environment or threaten the public health, safety and welfare. It is therefore in the public interest and within the purview of this legislation to provide standards for the development and maintenance of the city's landscapes, whether corporate, private or public.

The city recognizes a landowners' interest in having managed turf grass landscapes. At the same time, the city encourages the preservation, restoration and management of native plant communities and wildlife habitats within the city limits. The city recognizes that the use of native plants in managed landscapes is economical, reduces maintenance and effectively conserves water, soil and other elements of the natural community. Moreover, the preservation, restoration and management of native plant communities and wildlife habitats may preclude the introduction of toxic pesticides, herbicides, fertilizers and other pollutants into the environment.

The city further acknowledges the need to enjoy and benefit from the variety, beauty and practical values of natural landscapes and seeks to guarantee citizens the freedom to employ varying degrees of natural landscaping as viable and desirable alternatives to other conventional modes of landscaping.

The city seeks to encourage each landowner to create and sustain a condition of ecological stability on his/her land, that is, a state of good health and vigor, as opposed to one of impairment and decline. It is not the intent of this legislation to allow vegetated areas to be unmanaged or overgrown in ways that may adversely affect human health or safety or pose a threat to authorized agricultural activity. It is the express intent of this city that it shall be lawful to grow native plants, including, but not limited to, ferns, grasses, forbs, aquatic plants, trees and shrubs, in a planned natural landscape when these plants were obtained in in compliance with local, state or federal laws.

(b)

Natural planned landscapes shall use native plants and shall not be considered or enforced as noxious vegetation, defined in this article, if maintained per this section.

(c)

All planned natural landscapes shall be setback at least four feet from any lot line in the front yard.

(d)

Planned natural landscaping shall be cut back at least annually to remove dead or unmaintained growth. A responsible person shall cut or remove any dead or unmanaged growth on his or her property, including a planned natural landscape.

(e)

Planned natural landscaping shall be designed not to attract or be a harborage for rats or vermin.

(Ord. No. 2138, § 1, 5-28-19)

(a)

Intent and purpose. A variety of landscapes adds diversity and richness to the quality of life in Madison Heights. There are, nonetheless, reasonable expectations regarding the city's landscapes which, if not met, may decrease the value of nearby properties, degrade the natural environment or threaten the public health, safety and welfare. It is therefore in the public interest and within the purview of this legislation to provide standards for the development and maintenance of the city's landscapes, whether corporate, private or public.

The city recognizes a landowners' interest in having managed turf grass landscapes. At the same time, the city encourages the preservation, restoration and management of native bioretention areas (often called rain gardens) within the city limits. The city recognizes that the use of native bioretention areas in managed landscapes is economical, reduces maintenance and effectively conserves water, soil and other elements of the natural community. Moreover, the preservation, restoration and management of native bioretention areas may preclude the introduction of toxic pesticides, herbicides, fertilizers and other pollutants into the environment.

The city recognizes that as development increases, the ability of our environment to perform its natural processes decreases. This is because the natural landscape that was once able to absorb and clean storm water is covered by impervious surfaces. Increased impervious surfaces result in an increased amount of storm water runoff and an increased chance for pollution to enter our waterways through our storm sewer systems. Planned bioretention areas help minimize runoff and helps reduce the amount of pollution that enters our waterways.

The city seeks to encourage each landowner to create and sustain a condition of ecological stability on his/her land, that is, a state of good health and vigor, as opposed to one of impairment and decline. It is not the intent of this legislation to allow vegetated areas to be unmanaged or overgrown in ways that may adversely affect human health or safety or pose a threat to authorized agricultural activity. It is the express intent of this city that it shall be lawful to grow native plants, including, but not limited to, ferns, grasses, forbs, aquatic plants, trees and shrubs, in a planned bioretention areas when these native plants were obtained in in compliance with local, state or federal laws.

(b)

Planned bioretention areas shall use native plants and shall not be considered or enforced as noxious vegetation, defined in this article, if maintained per this section.

(c)

All planned bioretention areas shall be setback at least four feet from any lot line in the front yard and shall not be included in the right-of-way.

(d)

All planned bioretention areas shall be cut back at least annually to remove dead or unmaintained growth. A responsible person shall cut or remove any dead or unmanaged growth on his or her property, including a planned natural landscape.

(e)

No planned bioretention area shall be located within ten feet of a building with a foundation, to prevent water infiltration into the foundation.

(f)

No planned bioretention area shall be located within 25 feet of lateral a sewer line, to prevent an increase in the severity of inflow and infiltration into the sewer line.

(g)

Designs for planned bioretention areas should include an overflow point to accommodate severe rain events that may overload the system.

(h)

All planned bioretention areas shall be designed and constructed to completely drain all standing water within four days of a rain event as to prevent the incubation of mosquito larvae.

(Ord. No. 2138, § 1, 5-28-19)

The following words and phrases when used in this article shall have the meanings respectively ascribed to them:

Growth means any or all trees and shrubs unless the context otherwise requires.

Private tree means any tree now existing or which may exist on private property.

Public tree means any tree now existing or which may exist on any public land or within the public ways.

Public ways means any public property including in the right-of-way between the sidewalk and road.

Shrub means a woody perennial plant, smaller than a tree and smaller than 15 feet in height, with several major branches arising from near the base of the main stem.

Tree means any woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground and shall include shrubs which grow higher than 15 feet.

(Ord. No. 2162, § 1, 7-13-20)

The department of public services (DPS) shall have complete charge and control over all trees, shrubs and plants, planted or to be planted, in the public ways of the city including the authority to plant, cut, trim and remove such trees, shrubs or plants.

(Ord. No. 2162, § 1, 7-13-20)

No person shall plant any poplar, box, elder, basswood, cottonwood, willow, soft maple, American maple, common catalpa, horse chestnut, or "ailanthus glandulosa" tree anywhere within the city without first procuring a permit from the department of public works. No person shall plant any prohibited or restricted species as established and published by the Michigan Natural Resources Environmental Protection Act (Part 413 of Act 451), which is regularly amended by invasive species orders. Further black locust and "ailanthus altissima" are prohibited from being planted in any location public or private in the city.

(Ord. No. 2162, § 1, 7-13-20)

(a)

No person, including public utilities, except the city, shall plant, remove, cut, injure, destroy or in any way deface any tree or shrub in any public way without first procuring a permit from the department of public services. Tree planting selection shall be made from an approved list of species published by the department of public services.

(b)

This section shall not be construed to prohibit any person owning or occupying any lot in front of or adjacent to which there may be any tree or shrub from trimming the same.

(c)

Any person performing emergency utility work to restore services only, shall be exempt from obtaining a permit, provided that all applicable measures are taken to protect the trees or growth in the right of way and that the department of public works is notified as soon as is it practical should excavation necessitate cutting roots or removal of the tree.

(Ord. No. 2162, § 1, 7-13-20)

Application for any permit required by the provisions of this article shall be made in the form and manner prescribed by the city clerk. No permit shall be granted unless same is approved by the director of public services.

(Ord. No. 2162, § 1, 7-13-20)

No person shall attach, tack or in any manner fasten, to any public tree any wire, rope, chain, cable, sign, card, board, poster or other article, nor hitch any animal thereto.

(Ord. No. 2162, § 1, 7-13-20)

The owner, or person in charge or control of any lot or parcel of land within the city, upon which any tree, shrub, vine, growth or plant may be standing adjacent to any public way, shall trim or cause to be trimmed, either at the property line, or to a clear height of at least eight feet above the surface of such public way, all branches thereof which overhang any portion of such public way, or which obstruct or interfere with the passage of light from any street lighting system, and shall not plant or maintain any thereof so close to any property line as to obstruct thereby the vision of travelers along the streets. The city may enter upon any such private premises to do such trimming as it determines necessary, or to remove such obstructions herein prohibited upon the failure of the owner so to do after notice in writing. The said owner shall, or the city may, remove from such tree, shrub, plant, growth or vine, all dead, decayed, unsightly, broken or dangerous limbs and branches that overhang, or are close to the public way; and when any such tree, shrub, plant or vine is dead, the owner shall remove the same, or after notice of such intention to the owner, the city may do so and charge the cost thereof to such owner.

(Ord. No. 2162, § 1, 7-13-20)

In any excavation, or the erection, alteration or repair of any building or structure, or other work, the owner thereof, or someone for him shall place or cause to be placed such barriers around all nearby trees, shrubs and plants in the public way as will effectually prevent injury to them.

(Ord. No. 2162, § 1, 7-13-20)

No person shall place or maintain upon the ground in any public way or place of the city, any stone, brick, sand, concrete or other material or article, which may injure or which may in any way impede the full and free passage of water, air or fertilizer to the roots of any tree, shrub, vine or plant, without leaving an open space of ground not less than four feet in diameter around the same.

(Ord. No. 2162, § 1, 7-13-20)

The owner or occupant of any premises on which is located any tree or other growth, if infected by disease or by injurious insects or if in a dangerous condition, shall destroy same which such destruction is necessary for the protection of other trees and growths and for the public safety, health and welfare.

(Ord. No. 2162, § 1, 7-13-20)

If the owner or occupant of any premises fails to perform any duty required of him by this article, the department of public works may serve notice upon such owner and occupant directing him to cause such work to be done and upon his failure to comply with the notice, the city may enter upon the premises and perform the work required and charge the cost thereof to the owner or occupant. The notice and cost shall be served and charged.

(Ord. No. 2162, § 1, 7-13-20)

No person shall remove or cut down a public tree without written authorization from the DPS or city manager. Any person who violates this subsection shall be required, in addition to any other penalties imposed by this article or any other law, to replace all public trees so removed or cut down at the violator's expense.

(Ord. No. 2162, § 1, 7-13-20)

(a)

There is hereby created and established a City of Madison Heights Tree Oversight and Management Department that shall consist of the DPS director and his or her designees and in collaboration with the environmental citizens committee (ECC). If the ECC is dissolved or no longer holding regular meetings the DPS director and his or her designees shall comprise the tree oversight and management department in its entirety.

(b)

The tree oversight and management department shall assist the city in developing a comprehensive tree management and preservation program for the city, with public education. It shall serve as a clearing house for information on trees. The department shall present to the city council an annual report on activities related to trees.

(Ord. No. 2162, § 1, 7-13-20)

(a)

When the development of any property requiring site plan approval occurs, the city community and economic development department shall review landscaping plans and may require trees to be planted on or near the site consistent with the elements of the adopted city master plan.

(b)

When the development of any property requires a site plan review and approval or demolition permits where trees are to be removed or installed, a tree location plan, including species of tree, must be submitted to and approved by the site plan review committee.

(Ord. No. 2162, § 1, 7-13-20)

Whenever the city shall require the establishment of a greenbelt area, or in the event such area has already been established, it shall be the duty of the owner or occupant, or both, upon which land the greenbelt is located, to properly maintain such greenbelt. Proper maintenance within the meaning of this article shall mean such manner and condition as existed when the greenbelt was first established and approved by the city or as nearly thereto as is practicable.

(Code 1958, § 26-501)

It shall be the duty of the department of public services to inspect all green belt areas or such areas between the lot line and the curb of certain streets that are located in what is known as a revitalization area, constructed after January 1, 1985, or such other areas in the City of Madison Heights in which a green belt has been located between the lot line and the curb of the street to determine the necessity of providing maintenance to such areas by way of cutting of grass, weeding, fertilizing, tree trimming, replacement of sod, trees and bushes, and the installation, operation and maintenance of an irrigation system, and upon determining such necessity, report the same to the city with bid proposals itemizing cost of such maintenance.

(Code 1958, § 6-502; Ord. No. 781, § 1, 4-28-86)

In all instances that the department of public services shall report such necessity to council, a copy of said report shall have been sent to the owner or occupant of the land adjacent to such area that council may act on such notice of necessity at the next regular council meeting to assess costs of such maintenance as a special assessment against the land. The council may adopt a resolution for the maintenance of said improvements set forth in the report with the cost of maintenance being the obligation of the adjoining property owners as provided by Charter.

(Code 1958, § 6-503; Ord. No. 781, § 2, 4-28-86)

Charter reference— Provisions relative to special assessments, Ch. 11.

In the event the owner shall within a period of 60 days after receipt of notice of said assessment fail to pay to the city the monies that the city has expended for the maintenance in behalf of the owner, then the city shall add such costs to the assessment rolls against the adjacent and benefiting property owners as permitted under Section 11.7 of the Charter of the City of Madison Heights.

(Code 1958, § 6-504; Ord. No. 781, § 3, 4-28-86)