(a) Removal and Destruction Required. It shall be the duty of the owner, agent and occupant of any subdivided land in any subdivision in which buildings have been erected on sixty percent of the lots included in that subdivision, or the owners, agents or occupants of lots along all improved streets in common usage, for a depth of ten rods or the depth of the lots, whichever is less, to keep the same free of all noxious weeds, to destroy the same before they reach a seed bearing stage and to prevent such weeds from perpetuating themselves or becoming a detriment to the public health.
(Ord. 102-A-1. Passed 3-10-65.)
(b) Noxious Weeds Defined. For the purposes of this section, "noxious weeds" shall include 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), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior), poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) and other plants which, in the opinion of the Township Board, shall be regarded as a common nuisance.
(Ord. 102. Passed 7-27-60.)
(c) Appointment, Compensation and Term of Commissioner of Noxious Weeds. The Township Board shall appoint a competent person to serve as Commissioner of Noxious Weeds who shall take the oath required of Township officers and shall hold office for the term of two years and until a successor is appointed and qualified, and he or she shall receive as compensation for his or her services such sum as may be determined by the Board. However, such Commissioner may, for good cause, be removed from such office by the Board, in which event the Board shall appoint a successor to serve the remaining portion of his or her term. Within ten days following the appointment of each person appointed as a Commissioner hereunder, the Township Clerk shall report the name and address of the person so appointed to the State Department of Agriculture.
(d) Responsibilities of Commissioner. The Commissioner of Noxious Weeds shall diligently inquire concerning the introduction and existence of noxious weeds in the Township, and if any are found growing therein upon subdivided land in any subdivision in which buildings have been erected on sixty percent of the lots included in that subdivision, or along all improved streets in common usage for a depth of ten rods or the depth of the lots, whichever is less, he or she shall take charge of all such growing and take care that they do not go to seed or otherwise spread or become a detriment to the public health, and he or she shall carefully seek and learn, so far as practicable, the best methods of their destruction, and he or she shall persistently apply in proper time such remedy or treatment as shall be best calculated to prevent their spread and to eradicate the same.
(Ord. 102-A-1. Passed 3-10-65.)
(e) Publication of Notice to Cut. The Township shall publish a notice in a newspaper of general circulation in the Township during the month of March of each year that weeds not cut by May 1 of that year will be cut by the Township and the owner of the property charged with the cost under the provisions of Section 4 of Act 359 of the Public Acts of 1941, as amended. The publication shall contain all the information required of the notice provisions provided for in said Section 4 of said Act.
(Ord. 102-A-2. Passed 7-25-73; Ord. 378. Passed 3-10-08.)
(f) Noncompliance With Notice; Remedy of Township. In the event the owner, agent or occupant of said lands fails to destroy such weeds or shall allow weeds to regrow in excess of six inches at any time during the growing season, the Commissioner or his designee shall enter upon such lands and destroy such weeds by cutting with or without mechanical equipment which will not damage the sidewalk adjacent thereto, and all expenses incurred in such destruction shall be paid by the owner or owners of such lands. Expenses shall include, if applicable, charges for mowing or cutting, additional charges for moving items or debris to allow for or achieve cutting, and additional charges in the event equipment must be used other than mowers such as power personal weed trimming devices. The Commissioner shall not expend in work or materials more than twenty-five dollars ($25.00) on any one infested tract without the advice and consent of the Township Supervisor. The Township shall have a lien upon such lands for the expenses and said lien shall be enforced in the manner prescribed by the general laws of the State of Michigan providing for the enforcement of tax liens, the Township shall assess properties upon the Commissioner's affidavit of expenses incurred in destroying noxious weeds thereupon.
(Ord. 102-A-1. Passed 3-10-65; Ord. 378. Passed 3-10-08.)
(g) Remedies Not Exclusive. The remedy provided for in subsection (f) hereof shall be in addition to the penalty provided in Section 694.99. The fine provided for in Section 694.99, when collected, shall be paid to the Township Supervisor and shall become a part of the Clinton Township Noxious Weeds Control Fund.
(Adopting Ordinance)
(h) Notification of Department of Conservation of Commissioner's Appointment. It shall be the duty of the Commissioner of Noxious Weeds, upon his or her appointment, to notify the Department of Conservation for the State of Michigan informing said Department that he or she is a Noxious Weeds Commissioner for the Township of Clinton and the date of his or her appointment.
(i) Prosecution of Violators. It shall be the duty of the Commissioner to prosecute, or to complain to the proper authorities about, any person who may violate any law now existing, or any ordinance which may hereafter be passed, on the subject of noxious weeds.
(j) Annual Reports of Commissioner. The Commissioner shall, annually, before December 1, make a written report to the Michigan Department of Agriculture and to the Township Board. Said report shall be made out upon blank forms furnished by the Department of Agriculture and shall contain such information with reference to the existence and growth of noxious weeds as said Department may require.
(Ord. 102. Passed 7-27-60.)