ARTICLE II. NOXIOUS WEEDS*

Sec. 10-31. Title. This chapter shall be known and may be referred to as “The Weed Ordinance of the Village of Goodrich”. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Sec. 10-32.

Enforcement; commissioner of noxious weeds. The village administrator or the duly authorized designate of the village administrator shall be charged with the responsibility of enforcement of this chapter and shall be the commissioner of noxious weeds as provided in Public Act 359 of 1941. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Sec. 10-33. Notice to abate. When in the opinion of the village administrator, or the duly authorized designate of the village administrator, a public hazard or nuisance which is dangerous to the health, safety or welfare is created by the uncontrolled growing of noxious weeds, brush or other vegetation on private property, a notice shall be given to the person or persons whose name or names appear on the tax rolls of the village in connection with the premises in question in one of the following ways, requiring the hazard or nuisance to be abated at a time set by the village administrator or the duly authorized designate of the village administrator: (1) A letter in writing addressed to the name and address appearing on the tax rolls mailed postage prepaid by certified mail, return receipt demanded; (2) A notice in a newspaper circulated by the village setting forth the description of the property by location or legal description and setting forth the name or names appearing on the tax rolls in connection with the premises; (3) By personal service; (4) A notice in a newspaper of general circulation, during the month of MARCH, that weeds not cut between MAY first (1ST) and OCTOBER first (1st) of that year may be cut by the village. The notice shall state that the owner may be charged with all costs as *Editor’s note—Ord. No. 140, § adopted April 14, 2008, in effect repealed the former art. II, §§ 10-31—10-36, and enacted a new art. II as set out herein. The former art. II pertained to similar subject matter and derived from Ord. No. 54, arts. II—VII, adopted May 12, 1982; Ord. No. 54-A(1), art. V, adopted August 12, 1985; and Ord. No. 54-A(2), art. III, adopted August 14, 1989. State law reference—Control and eradication of noxious weeds, MCL 247.61 et seq. ENVIRONMENT § 10-33 Supp. No. 1 CD10:3 provided in Section 10-36 and shall describe methods of treating and eradicating the noxious weeds. If this notice is given, the village may cut weeds as many times as is necessary and charge all costs to the property owner. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Sec. 10-34 Failure to give notice. Failure to give the notice as required in Section 10-33 shall not, however, constitute a defense to any action to enforce payment of any penalty provided for or debt created under the provisions of this chapter. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Sec. 10-35 Abatement by village—authorized. In the event the nuisance shall not have been abated after notice as provided herein, it shall be the duty of the village administrator or the duly authorized designate of the village administrator to abate the nuisance, either utilizing village crews or private contractors. This chapter and Public Act 359 of 1941 of the state, as amended, shall constitute the authority to enter onto private property to carry out the provisions hereof. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Sec. 10-36 Same—Charges. The charge to be assessed against the property shall be based upon the actual cost of doing the work, plus an administration fee. The amount of the administration fee may be a flat fee or a percentage of the actual cost of doing the work as determined by resolution of the village council. The charge shall be paid by the property owner, but if it is not paid within 30 days after invoice, the charge shall be placed on the tax roll for the property. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Sec. 10-37 Definition. (1) For the purposes of this chapter, “noxious weeds” as defined in Act 351 of 1941 is hereby adopted. Such noxious weeds shall include but not be necessarily restricted to Canada thistle, (Circium arvense), dodders (any species of Cusucta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Siapsis), wild carrot (Daucus carota), bindweed (Convolulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berterea incana), ragweed (Ambrosia elatior), poison ivy (Rhus toxicondendron), poison sumac (Toxicannendron vernix) and any other plant which in the opinion of the village council after due consideration is so declared by resolution. (2) In addition, the term “noxious weeds” shall include all grasses, brush, and vegetation (other than properly landscaped trees and shrubs or cultivated flowers or gardens) in excess of eight inches in height. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09) Cross reference—Definitions generally, § 1-2. § 10-33 GOODRICH CODE Supp. No. 1 CD10:4 Sec. 10-38 Penalties for violation of chapter. (a) Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. (b) Each day such violation continues shall be considered a separate offense. (c) Nothing contained in this section shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 140, 4-14-08; Ord. No. 141, 2-19-09)