weeds:
Sec. 9-62. Duty to control weeds and grasses.
(a) Regulatory provisions. It shall be unlawful for the owner, agent or occupant of lands to permit the accumulation or growth of noxious weeds, as defined herein, of any height, upon any property in the township, or weeds, grass, brush or other rank, poison or otherwise harmful vegetation, to a height greater than ten (10) inches, referred to herein as "growth or accumulation," when such growth or accumulation occurs in any subdivision in which buildings have been erected on sixty (60) percent of the lots included in that subdivision, or on land within one hundred (100) feet of any structure designed for human occupancy or use, or on any platted lot facing improved streets in common usage, or property abutting the intersection of streets in common usage, or any property, public or private, where such growth or accumulation threatens the health and safety of any persons or the community as a whole. Cultivated flowers and gardens are not considered within the meaning of weeds or harmful vegetation. Cultivated is defined as "to loosen or dig (soil) around growing plants."
In the event a prohibited growth or accumulation occurs upon the above land, the owner as listed on the last tax assessment roll of the township, (herein "owner)," shall be provided with a notice to destroy noxious weeds before they reach a seed bearing stage. Such notice shall state the methods of treatment and eradication of such weeds, method to prevent such weeds from perpetuating themselves and to prevent such weeds from becoming detriment to the public health. Further, such notice shall apprise such owner that if he or she fails to eliminate the growth or accumulation with ten (10) days of the mailing of such notice, the township shall cut or cause such growth or accumulation to be destroyed or removed, as many time as is necessary to protect the public health, safety and welfare in the current calendar year. Such notice shall further apprise the owner that any such cutting or removal costs shall be the responsibility of the owner and the township shall have a lien against the land for such expense to be enforced in the manner provided for enforcement of tax liens under the general property tax law, and that any owner who shall refuse to cut, destroy or remove such growth or accumulation shall be subject to sanctions as hereinafter provided.
(b) Notice provisions. With regard to noxious weeds, grasses, or other harmful vegetation, in lieu of the notice required by subsection (a) the township shall publish a notice during the month of March in a newspaper of general circulation within the township stating that any noxious weeds existing on any property in the township must be destroyed and removed by May 15 of that year. The notice shall also include all the provisions described in subsection (a).
(c) Township rights. In the event a property owner has failed to eliminate the growth or accumulation as described above, the township shall have all the rights and remedies referenced in subsection (a) and (b) which rights shall be deemed cumulative to the township.
(Comp. Ords. 1986, § 35.062; Ord. of 8-10-87, § 1.00; Ord. of 4-26-99)
