West Bloomfield Charter Township
City Zoning Code
City Zoning Code
CHAPTER 23
VEGETATION
ARTICLE II. - NOXIOUS WEEDS[1]
Editor's note— Ord. No. C-91-F, § 1, adopted Feb. 10, 2025, repealed the former Art. III, §§ 23-14—23-18, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Ord. No. 91, §§ 1—3, adopted Nov. 3, 1975; Ord. No. 91-A, adopted Feb. 22, 1977; Ord. No. 91-B, adopted Dec. 4, 1978; Ord. No. 91-C, adopted Nov. 15, 1982; Ord. No. C-91-D, § 1, adopted Oct. 25, 2004; and Ord. No. C-91-E, § 1, 2, adopted Nov. 18, 2024.
State Law reference— Control and eradication of noxious weeds, MCL 247.61 et seq.; obnoxious plants and trees, MCL 124.151 et seq.; deposit of noxious weeds on highways, MCL 247.51.
ARTICLE III. - RESERVED[2]
Editor's note— Ord. No. C-705-C, § 1, adopted July 15, 2025 repealed Art. III, §§ 23-19—23-29, which pertained to diseased or dangerous trees, shrubs and plants and derived from Ord. No. C-705-B, § 2, adopted Jan. 12, 2015; and Ord. No. C-841, § 6, adopted Feb. 24, 2025.
Sec. 23-14. - Noxious weeds and lawn grass defined; exclusion.
1.
Noxious weeds shall include the following:
a.
Canada thistle (Cirsium arvense).
b.
Dodders (any species of the genus Cuscuta).
c.
Mustards (charlock, black mustard, and Indian mustard, species of the genus Brassica or Sinapis).
d.
Wild carrot (Daucus carota).
e.
Bindweed (Convolvulus arvensis).
f.
Perennial sowthistle (Sonchus arvensis).
g.
Hoary alyssum (Berteroa incana).
h.
Giant hogweed (Heracleum mantegazzianum).
i.
Ragweed (Ambrosia elatior L.).
j.
Poison ivy (Toxicodendron radicans).
k.
Poison sumac (Toxicodendron vemix).
l.
Lawn grass of any type and variety which is typically established as a ground cover for any occupied or unoccupied residential, industrial, business, or commercial property that is eight (8) inches in height or more.
2.
Noxious weeds does not include milkweed (any species of the genus Asclepias).
(Ord. No. C-91-F, § 1, 2-10-25)
Sec. 23-15. - Regulations.
a.
Noxious weeds. It shall be unlawful for the owner or occupant of any lot or lands within the township to allow or maintain the growth of any noxious or poisonous weeds as defined in section 23-14; and it shall be the duty of the owner or occupant of every property within the township, improved or unimproved, to remove noxious and poisonous weeds before they produce seeds and before May 1, in accordance with Noxious Weeds Act, MCL 247.61 et seq. After removal, noxious weeds shall be disposed of in compliance with State of Michigan guidelines, such as bagging and disposal in a landfill.
b.
Lawn grass and weeds. It shall be unlawful for the owner or occupant of any property within the township to allow or maintain the growth of any lawn grass or weeds to a height of eight (8) inches or more on any portion of the property.
c.
Maintenance. The lawn grass and weeds, other than noxious weeds required to be removed, shall be cut by May 1 of each year, and as often as necessary to comply with the following:
i)
Residential and commercial property. It shall be the duty of the owner or occupant of residential and commercial property to cut the lawn grass and weeds so that they do not exceed eight (8) inches in height at any time.
ii)
Vacant unimproved property along an improved street. It shall be the duty of the owner of vacant property to cut the lawn grass and weeds along the perimeter of the property for a depth of twenty (20) feet, so that they do not exceed eight (8) inches in height at any time.
d.
No dumping. It shall be unlawful for any person to dump, place, pile, or otherwise deposit any noxious weeds, invasive plants, or other vegetation, grass clippings, tree branches, leaves, dead or cut plants of any nature on public property, public or private roadway, adjacent property, or any land owned by another.
e.
Invasive plant species. There are non-native plants that become invasive by overtaking and threatening natural habitat. These invasive species are regulated by the State of Michigan in MCL 324.41301 et seq. They may not be designated as noxious weeds as set forth in the Noxious Weeds Act, MCL 247.61 et seq. The removal and disposal of an invasive species must comply with State of Michigan regulations. Further, the removal of invasive plant species or other vegetation may require additional township permits, such as, but not limited to, soil erosion and sediment control, grading, and/or environmental use permits.
(Ord. No. C-91-F, § 1, 2-10-25)
Sec. 23-16. - Failure to comply.
If the provisions of subsections 23-15a. through d. are not complied with, notice shall be given to the owner/occupant of the property by first class mail or posting a notice on the premises to comply with the provisions of section 23-15 within five (5) days of the date of the notice, and if the notice is not complied with, then the township is authorized to:
i)
Enter. Enter upon the property and cut the lawn grass and weeds that exceed eight (8) inches in height in violation of subsections 23-15b. and/or c. at the expense of the owner of the property. The township may cut the lawn grass and weeds as many times as is necessary to comply with this article and charge the costs to the property owner.
ii)
Issue a civil infraction violation. Issue a civil infraction violation as authorized by the Revised Judicature Act, MCL 600.8701 et seq.; and section 1-10 of this Code for:
1)
The failure to remove noxious and poisonous weeds in accordance with the Noxious Weeds Act, MCL 247.61 et seq. and subsection 23-15a.;
2)
The failure to cut weeds which have grown to a height of eight (8) inches or more in violation of subsection 23-15b. or c.; or
3)
The deposit of any noxious weeds, grass clippings, tree branches, leaves, dead or cut plants of any nature on public property, public or private roadway, adjacent property, or any land owned by another in violation of subsection 23.15d. The civil infraction violation is punishable by a civil fine of not less than one hundred dollars ($100.00) plus costs. Each day that a condition exists in violation of any provision of this article shall constitute a separate offense.
(Ord. No. C-91-F, § 1, 2-10-25)
Sec. 23-17. - Recovery of costs.
The contractor's cost incurred by the township for cutting the lawn grass and weeds, including all administrative, legal, and other expenses incurred shall constitute a debt to the township by the owner of the property. Full payment shall be made within thirty (30) days from the date of the invoice. If payment is not received within thirty (30) days, the amounts due shall be delinquent and shall be collected by placement and collection on the tax rolls pursuant to chapter 2, division 3, sections 2-241 through 2-243 of this Code.
(Ord. No. C-91-F, § 1, 2-10-25)
Sec. 23-18. - Commissioner of weeds; notice.
a.
The township board shall appoint a commissioner of weeds pursuant to the noxious weeds act, MCL 247.61 et seq.
b.
In March of each year, the township clerk shall publish, in a newspaper of general circulation in the township, a notice to property owners and occupants of property in the township that any lawn grass and weeds not cut by May 1, or any time thereafter during the growing season, in violation of subsections 23-15b. or c. of this Code, may be cut by the township and the owner of the property shall be charged the contractor's cost plus the administrative costs incurred per cut. Any fees outstanding as of August 31, shall be charged an additional late fee per cut. If payment is not received within thirty (30) days, the amount due shall be delinquent and shall be collected by placement and collection on the tax roll pursuant to chapter 2, division 3, sections 2-241 through 2-243 of this Code.
(Ord. No. C-91-F, § 1, 2-10-25)
