ORDINANCE #22-2015 Grass and Leaves

VILLAGE OF BARRYTON

GRASS AND LEAVES ORDINANCE #22-2015

 

The Village of Barryton Ordains:

Section 1:

A)It shall be the duty of the owner, agent or occupant of any residential property located within 75 feet of a structure, excepting public utility installations, to prevent weeds, grasses, brush or other vegetation from growing to a height of greater than 6 inches, nor shall such owner, agent or occupant permit an accumulation of dead weeds, brush or other vegetation of height greater than 12 inches on any such properties, nothing in this section shall apply to trees, flower gardens, vegetation planted for ornamental purposes, vegetation in vegetable gardens or vegetation in fields devoted to growing any small grain crop such as wheat, oats, barley or rye.

B) It shall be the duty of the owner, agent or occupant of any commercial property located in the Village of Barryton, excepting public utility installations, to prevent weeds, grasses, brush or other vegetation from growing to a height of greater than 6 inches, nor shall such owner, agent or occupant permit an accumulation of dead weeds, brush or other vegetation of height greater than 12 inches on any such properties regardless of footage of separation from structures. Nothing in this section shall apply to trees, flower gardens, vegetation planted for ornamental purposes, vegetation in vegetable gardens or vegetation in fields devoted to growing any small grain crop such as wheat, oats, barley or rye.

C) It shall be the duty of the owner, agent or occupant of any residential property located within 75 feet of a structure, excepting public utility installations, to prevent leaves and small brush from accumulating on their property to where the ground cover of such debris is greater than 40%.

D) It shall be the duty of the owner, agent or occupant of any commercial property located in the Village of Barryton, excepting public utility installations, to prevent leaves and small brush from accumulating on their property to where the ground cover of such debris is greater than 40%, regardless of footage of separation from structures.

E) This Ordinance shall be enforced by such person(s) who shall be so designated by the Village Council of the Village of Barryton, Michigan. The owner and/or tenants of any premises found to be not in compliance with this ordinance will be given notice by way of posting of property.

F) If weeds, grasses, leaves, brush or other vegetation are not removed from the premises within 7 days after the date of posting such notice, the owner and/or tenants of the premises shall be subject to Village penalties as set forth in this ordinance. The Village of Barryton is also hereby authorized and empowered to pay for the removal of the weeds, grasses, leaves, brush or other vegetation or to order the removal by any authorized Village representative.

G) Where costs of removal or any civil infractions issued are not paid by an owner within sixty (60) days after the removal of such weeds, grasses, leaves, brush or other vegetation or violations of any sections of this ordinance, then the Village Council shall cause to be recorded in the Treasurer’s Office the date and premises on which removal was done or the violation occurred. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month in the event same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provisions hereof shall be notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the premises described in the statement that the same is due. Pursuant Act 359 of 1941, Section 247.64a, 247.70, 247.61 and 247.64.

Section 2:

 

(1)       The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)        The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

 

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the __April 8, 2015___council meeting and cause the same to be published as required by law.

Yeas __5___  Nays __0___    Ordinance declared: Adopted

Published Date: April 17, 2015                      Effective Date: May 8, 2015

 

____Jennifer Trelfa____                                                  ____Deb Buehner_________

Signed by Village Clerk:                                 and                  Village President: