(a)

It shall be the duty of every owner, occupant or person having charge of any undivided parcel of land of fifty thousand (50,000) square feet or less to cut down or cause to be cut down all noxious weeds, being 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) bindwood (Convolvulvus arvensis), perennial sowthistle (Sonchus arvensis) hoary alyssum (Berteroa uncana), ragweed (Ambrosia clatior 1.) and poison ivy (Rhus toxicodendron), poison sumac (Toxicodendron vernix) the uncontrolled growth of which would constitute a nuisance, as often as shall be sufficient to prevent any such noxious weeds going to seed. If any such owner, occupant or person having charge of such described lands shall suffer any such weeds to grow thereon over a maximum height of eight (8) inches, or allow the same to ripen as to cause or endanger the spreading thereof, he shall be guilty of a violation of this article.

(b)

Any person who dumps, places, piles or otherwise deposits any noxious weeds, grass clippings, tree branches, leaves or cut or dead plants of any nature on any vacant property without the written permission of the owner thereof shall be guilty of a violation of this article.

(c)

It shall be unlawful for any owner, occupant or person having charge of any undivided parcel of land of fifty thousand (50,000) square feet or less to permit or maintain on any such property any growth of other weeds; other weeds being defined as all weeds, grass, brush, wildings, second growth, rank vegetation or other vegetation that is not growing in its proper place, having a greater height than eight (8) inches or spread of more than eight (8) inches.

(Ord. No. 91, § 1, 11-3-75; Ord. No. 91-A, 2-22-77; Ord. No. 91-B, 12-4-78; Ord. No. C-91-D, § 1, 10-25-04)

(a)

The township clerk is hereby appointed commissioner of weeds pursuant to Act No. 359 of the Public Acts of Michigan of 1941 (MCL 247.61 et seq.), as amended. It shall be the duty of the commissioner to give notice to the owners, occupants or persons having control of lands in the township whereon weeds are growing. The notice shall contain methods of treating, eradicating and destroying noxious weeds and shall be by publication in a newspaper circulated in the township during the month of March of each year.

(b)

If any weeds so ordered to be destroyed by May 15 have not been removed by the owner or occupant of the premises, then the commissioner is hereby authorized to enter upon the land and destroy the weeds at the expense of the owner or occupier of the land. The township may cut weeds as many times as is necessary and charge the costs to the property owner.

(Ord. No. 91, § 2, 11-3-75; Ord. No. C-91-D, § 1, 10-25-04)

The commissioner of weeds shall keep an account of the expenses incurred in carrying out the provisions of this article with respect to each parcel of land entered upon under the terms of this article. The amount of all administrative, legal and other expenses incurred in the cutting or destruction of such weeds shall constitute a debt to the township by the owner of the lot. If the debt is not paid by the due date, which due date shall be at least fifteen (15) days after the billing date, an additional one (1) percent per month late charge will be imposed for each month or portion of a month that the bill is past due. The minimum late charge shall be one dollar ($1.00) on any past due bill. If the cost of destroying or cutting such weeds remains uncollected or unpaid on the first day of September following the cutting of such weeds by the township, the unpaid amount shall be certified by the commissioner to the township treasurer, who shall forthwith report such amount and the owners of the lands delinquent in the payment of the same to the township board. The township board shall cause an assessment roll to be prepared by the assessor. All charges for the removal and cutting of weeds, including all interest, penalties and late charges, shall become a lien upon such lands from and after the certification by the commissioner to the township treasurer and shall be collected by him as other taxes are collected.

(Ord. No. 91, § 3, 11-3-75; Ord. No. 91 A, 2-22-77; Ord. No. 91-C, 11-15-82; Ord. No. C-91-D, § 1, 10-25-04)

The purpose of this article is to protect the public health, safety and welfare from the hazards of dangerous trees and diseased shrubs and plants.

(Ord. No. C-705-B, § 2, 1-12-15)

The following terms when used in this article shall have the meanings set forth as follows:

Branch includes any limb, trunk, or twig of a tree, shrub or plant.

Dangerous tree means a tree that it is likely to fall and injure persons or property because: 1) it is cracked, split, leaning, or otherwise is physically damaged to the degree that it is likely to fall and injure persons or property; or 2) the tree has sustained deterioration or decay to the limbs, stem, or root system causing an imminent danger of falling.

Dead means no longer living.

Diseased means a disease of nature, including insect infestation, that without treatment or pruning is likely to spread to adjacent trees, shrubs, or plants and cause such adjacent trees, shrubs, or plants to become diseased.

Imminent means a threat is impending or about to happen.

Owner means a person who owns, rents, leases, or occupies any lot or parcel of land in the township upon which trees, shrubs and plants are located.

Plant means a photosynthetic organism that has cellulose cell walls, growing in soil or water, with leaves and sometimes flowers, lacking locomotion, and without obvious nervous or sensory organs from the kingdom classification of plantae.

Privately owned means under the legal or equitable control of an owner as defined above, and excludes all property owned by a public entity.

Regulated woodland means an area identified as a woodland on the official woodland map for the township.

Shrub means any form of plant life less than four and one-half (4½) feet in height.

Stump means that part of a tree, shrub, or plant remaining attached to the root after the trunk is cut.

Tree means any form of plant life at least four and one-half (4½) feet or more in height and at least four (4) inches or more in diameter. The diameter size shall be measured four and one-half (4½) feet from the base of the tree.

Wooded area means a relatively small area of land containing a dense collection of trees, shrubs and/or plants.

(Ord. No. C-705-B, § 2, 1-12-15)

(a)

Tree removal required. The owner shall remove a dangerous tree that poses an imminent danger causing injury to persons or property from falling or blowing over due to physical damage, disease, infestation, deterioration or decay.

(b)

Regulated woodland, wetland and/or environmental features area. A request to remove a dangerous tree(s) located within a regulated woodland, wetland, and/or environmental features area which presents an imminent danger, shall be made in writing on forms provided by the development services department. The tree(s) shall be inspected and the request approved by the development services department prior to removal. The removal of a dangerous tree(s) located within a regulated woodland, wetland, and/or environmental features area shall comply with all township policies and applicable provisions of the following ordinances: Floodplain, Floodway, Watercourse and Wetland Protection, chapter 12; Woodland Conservation Overlay District, chapter 26, article 3, section 3.1.21; and Environmental Features Setback Zoning Ordinance, chapter 26, article 5, section 5.4. Failure to comply with the applicable ordinances listed may subject the owner to additional fines, fees and penalties as authorized by those applicable ordinances.

(Ord. No. C-705-B, § 2, 1-12-15)

The owner shall trim, prune or remove any part of a tree, shrub or plant, including any stump or branch thereof, which overhangs or encroaches onto public property.

(Ord. No. C-705-B, § 2, 1-12-15)

Unless located within a regulated woodland, wetland, or an environmental features area, the owner shall remove a stump below the surface of the ground so that the top of the stump does not project above the pre-existing surface of the ground. Further, the pre-existing surface of the ground may not be raised in order to hide or cover the stump. Within a wooded area, a wetland, or an environmental features area stumps may be left no higher than twenty-four (24) inches above grade.

(Ord. No. C-705-B, § 2, 1-12-15)

(a)

Maintenance. It is the responsibility of the owner to maintain the trees, shrubs and plants located on the owner's property and to treat, exterminate, or remove any tree, shrub or plant that is attacked by contagious or destructive insects or diseases.

(b)

Regulated woodland, wetland or environmental features area. When maintaining, treating, trimming, pruning or removing a tree, shrub or plant located within a regulated woodland, wetland and/or environmental features area, the owner shall comply with all township policies and applicable provisions of the following ordinances: Floodplain, Floodway, Watercourse and Wetland Protection, chapter 12; Woodland Conservation Overlay District, chapter 26, article 3, section 3.1.21; and Environmental Features Setback Zoning Ordinance, chapter 26, article 5, section 5.4. Failure to comply with the applicable ordinances listed may subject the owner to additional fines, fees and penalties as authorized by those applicable ordinances.

(Ord. No. C-705-B, § 2, 1-12-15)

(a)

Cost. The owner shall comply with this article at his or her sole cost and expense.

(b)

Ownership disputed. If the purported owner disputes that the tree, shrub or plant is located on his or her property, the person shall provide a signed and sealed property survey to establish that the tree, shrub or plant is not located on his or her property.

(Ord. No. C-705-B, § 2, 1-12-15)

When the township discovers a tree, stump or branch that poses an imminent danger, the township shall serve written notice, by first class mail and certified mail, return receipt requested, upon the owner of the subject property. The notice shall describe the tree, its location, the nature of the danger and order the owner to abate the danger by trimming, pruning or removal of the tree. The notice shall specify the date for compliance by the owner not less than thirty (30) days from the date of the notice. The owner shall comply within the time period specified therein, unless the owner provides written proof to the township from an arborist, certified by the International Society of Arboriculture, or equivalent, stating that the tree, stump or branch thereof, is not dangerous and does not require trimming, pruning or removal.

(Ord. No. C-705-B, § 2, 1-12-15)

If the owner fails to abate the dangerous condition as noticed, the township may seek a warrant to enter upon the lot or parcel of land to abate the dangerous condition. Upon completion of the work, the township shall send a bill of all costs, including reasonable attorney fees, if any, incurred by the township to the owner by first class mail. Costs incurred as specified in the written notice shall be secured by a lien on the property. The costs shall be paid within thirty (30) days from the date of mailing the notice. If the costs are not paid within thirty (30) days, the provisions of chapter 2, article VI, division 3, shall apply to any unpaid amounts due.

(Ord. No. C-705-B, § 2, 1-12-15)

When a dangerous tree, including a stump or branch thereof, constitutes an imminent danger to public health, safety and welfare and the delay of notification would serve to further endanger the public, the township may enter upon a lot or parcel of land, perform the work required to alleviate the danger, and assess the cost thereof to the owner. Imminent danger includes but is not limited to circumstances such as, a tree is endangering a utility pole or line, or an existing structure, home, building, street, road or highway.

(Ord. No. C-705-B, § 2, 1-12-15)

Municipal civil infraction. A person who violates or fails to comply with any of the provisions of this chapter shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(Ord. No. C-705-B, § 2, 1-12-15; C-841, § 6, 2-24-25)