PART II  CODE OF ORDINANCES - Chapter 38

VEGETATION*

*Charter references: Planting of trees, ch. IV, C, § 19.
Cross references: Buildings and building regulations, ch. 6; environment, ch. 10; fences, walls and hedges, ch. 12; land divisions and subdivisions, ch. 16; parks and recreation, ch. 22; planning, ch. 26; grass mowings, trimmings and leaves, § 28-11; streets, sidewalks and other public places, ch. 30; planting of trees in unpaved areas of right-of-way, § 30-31 et seq.; zoning, ch. 40.
State law references: Municipal forests, MCL 324.52701 et seq.
 

ARTICLE I.  IN GENERAL

Secs. 38-1--38-30.  Reserved.

 

ARTICLE II.  BRUSH, GRASS AND WEEDS*

*State law references: Control and eradication of noxious weeds, MCL 247.61 et seq.

Sec. 38-31.  Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weeds includes Canada thistle (cirsium arvense), dodders (any species of Brassica or Sinapes), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (Ambrosia aletior 1.), poison ivy (Rhus toxicodendron), poison sumac (toxicodendron vernis), milkweed (Asclepias cornutus), oxeye daisies or other similar weeds or plants which constitute a common nuisance.
(Ord. No. 164, § I, 4-19-1983; Code 1992, § 20-1)
Cross references: Definitions generally, § 1-2.

Sec. 38-32.  Public nuisance declared.
Any brush, grass or weeds of a height of six inches or more, which are growing or lying upon any property, are hereby declared to be a public nuisance.
(Ord. No. 164, § I, 4-19-1983; Code 1992, § 20-2)

Sec. 38-33.  Duty of property owners or occupants.
It shall be the duty of the owner or occupant of land upon which any brush, grass or weeds are found to cause such brush, grass or weeds to be cut, destroyed or removed before they become a public nuisance.
(Ord. No. 164, § I, 4-19-1983; Code 1992, § 20-3)

Sec. 38-34.  Failure to cut, destroy or remove.
An owner or occupant of land who fails or neglects to cut, destroy or remove brush, grass or weeds of a height of six inches or more shall be guilty of creating and maintaining a public nuisance, as outlined in this article.
(Ord. No. 164, § I, 4-19-1983; Code 1992, § 20-4)
Secs. 38-35--38-60.  Reserved.

ARTICLE III.  DUTCH ELM DISEASE*

*Cross references: Nuisances, § 10-31 et seq.

Sec. 38-61.  Public nuisance declared.
Any elm tree within the village which is found to be infected with Dutch elm disease is hereby declared a public nuisance.
(Ord. No. 91, § 3, 8-1-1955; Code 1992, § 20-31)

Sec. 38-62.  Spraying required twice each year; approved sprays; failure to comply; responsibility for expense.
(a) Every person who owns, or is in control of, any elm tree located within the village limits shall thoroughly spray the tree two different times each year. The first spray shall be applied just before the buds break, between March 15 and April 5, and the second spray shall be applied between July 5 and July 25.
(b) The spray material shall be an insecticide spray approved by the building department. The building department shall keep and have available at all times a list of such approved insecticide sprays.
(c) Failure or refusal by any owner or person in control of any elm tree within the village limits to spray the tree within 20 days after having been notified to do so by the village shall be guilty of a municipal civil infraction and shall be prosecuted as provided in this article.
(d) In lieu of any owner or person in control of an elm tree spraying the tree, such owner or person in control of such tree may, prior to the expiration of the 20-day period, authorize, in writing, the village to do such spraying, at the sole cost and expense of such owner or person in control.
(Ord. No. 91, § 1, 8-1-1955; Code 1992, § 20-32)

Sec. 38-63.  Removal of diseased trees required; refusal; responsibility for expense.
(a) Every person who owns or is in control of an elm tree within the village limits which the village has determined is infected with Dutch elm disease shall cut down and remove such tree.
(b) Any owner or person in control of any elm tree located within the village limits which is determined to be infected with Dutch elm disease, who shall fail or refuse to cut down and remove such tree within 15 days after having been notified to do so by the village, shall be guilty of a municipal civil infraction and shall be prosecuted as provided in this article.
(c) In lieu of any such owner or person in control cutting down and removing such infected tree, such owner or person in control thereof may, prior to the expiration of the 15-day period, authorize, in writing, the village to cut down and remove such infected elm tree at the sole cost and expense of the owner or person in control.
(Ord. No. 91, § 2, 8-1-1955; Code 1992, § 20-33)

Sec. 38-64.  Power of access for inspection on private property.
The village shall have the power to go upon any private land for the purpose of inspecting and determining whether any elm tree located on such land is, or may be, infected with Dutch elm disease, and if any elm tree is found to be so infected, to place a distinguishing mark on such tree, by blaze or otherwise.
(Ord. No. 91, § 4, 8-1-1955; Code 1992, § 20-34)

Sec. 38-65.  Delivery of notice.
Any notice required to be given by the village under this article shall be sufficient if such notice is delivered to the owner or person in control of the property on which any elm tree is located within the village limits, or by mailing the notice to such person's last known address and posting a copy of such notice upon the premises where such tree is located.
(Ord. No. 91, § 5, 8-1-1955; Code 1992, § 20-35)

Sec. 38-66.  Enforcement.
The provisions of this article shall be enforced by the building department.
(Ord. No. 91, § 6, 8-1-1955; Code 1992, § 20-36)

 

©The Village of Grosse Pointe Shores, 2004