(A) It shall be the duty of the Township Clerk, on or before May 1, to publish a notice in a newspaper of general circulation within Genesee County giving notice of this subchapter. The notice shall be substantially in the following form:
“TO ALL OWNERS OF LAND SITUATED IN THE CHARTER TOWNSHIP OF CLAYTON, GENESEE COUNTY, STATE OF MICHIGAN:
NOTICE IS HEREBY GIVEN that all noxious weeds growing and all dead grass and brush on any subdivided land or land along a public streets, roads, or improved streets, for a depth of 10 rods (165 feet) or the depth of a platted lot, whichever is greater, within the Charter Township of Clayton, County of Genesee, State of Michigan, must be cut down, destroyed and removed on or before June 1, 20__, and, again, between the period from July 30 to September 1, 20__, to prevent the weeds from going to seed or to blossom, as the case may be, and to prevent the dead grass and brush from becoming a fire hazard; and
Owners of lots or parcels in residential subdivisions, site condominium developments, or planned unit developments; commercial and industrial parcels, whether occupied or not, provided that such parcels have a building intended for the shelter, housing, or enclosure of persons, animals, or property, shall cut the grass and/or vegetation growing on the same and to prevent such grass and/or vegetation from reaching a height in excess of 8 inches, as measured from the grade level of the ground on any portion of the involved parcel, by continued cutting in a fashion that is aesthetically appropriate for the area where such a parcel is located.
FAILURE TO COMPLY with this notice on or before the above-mentioned dates shall make any party so failing liable for the costs of lawn mowing and of cutting, destroying and removing the noxious weeds and dead grass and brush by the township, which cost to be levied and collected against the lands in the same manner as other taxes are levied and collected.”
(B) Further, in the event the owner(s), occupant(s), or agent(s) of a parcel of land found to be in violation of this subchapter, the Charter Township of Clayton shall notify the owner(s), occupant(s), or agent(s) 1 time by first class mail of the violation.
(C) Once notice is given by first class mail regarding a violation of this subchapter, the Township of Clayton Supervisor, or his or her designee, may post a notice for mowing the parcel in a conspicuous place on the property. Failure of Clayton Township to give immediate notice, in the event of any violation, shall not, however, constitute a defense in any action to enforce the payment of any penalty provided for a debt created under the provisions of this subchapter, as each day that a condition violating the provisions of this subchapter exists, a new separate, and distinct violation is deemed to have occurred.
(D) After notice is given, the grass and/or vegetation must be cut and maintained at a height not in excess of 8 inches until October 1 of that year. After notice is given and the grass remains in excess of 8 inches in height, the township shall be entitled to enter onto the property and cut the grass and/or vegetation to a height of less than 8 inches.
(E) Thereafter without further notice the Township Supervisor, or his or her designee, may continue to order the lawn mowing and/or cutting of noxious weeds as many times as is reasonably necessary when either reaches a height in excess of 8 inches and shall charge the associated costs to the involved property owner.
(Ord. 436, passed 8-19-2010)