MACOMB TOWNSHIP NOXIOUS WEED ORDINANCE BUILDING DEPARTMENT NOTIFICATION • ARTICLE V. - INTERNATIONAL PROPERTY MAINTENANCE CODE Sec. 5-81. - [Adopted.] A certain document, three (3) copies of which are on file in the office of the Building Department of the Township of Macomb being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Township of Macomb, in the State of Michigan, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fess therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the Township of Macomb are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, as may be adopted by the township board and set forth in the Macomb Township Code. (Ord. No. 224, § 1, 10-13-04; Ord. No. 240, § 1, 10-22-08; Ord. No. 251, § 4, 5-11-11; Ord. No. 266 (Corrected), § 1, 3-11-15) • Sec. 5-82. - [Amendments.] The following sections of the International Property Maintenance Code are hereby revised: Section 101.1. Insert, The Township of Macomb. Section 103.1. Delete, Department of Property Maintenance Inspection and replace with Building Department. Section 103.2. Delete, Section in its entirety. Section 103.3. Delete, Section in its entirety. Section 111.1 of the International Property Maintenance Code is amended to reduce the time in which to file a written appeal from twenty (20) days after the day the decision, notice or order was served by the code official to three (3) business days after the day the decision, notice or order was served by the code official. Sections 111.2—111.6. Delete, Sections in their entirety. Section 201.3. Delete, International Zoning Code and replace with Township Zoning Code. Section 202. Add the following definition of "Noxious Weeds" and "Weeds" to the Definition Section of the Property Maintenance Code to be inserted in proper alphabetical order: NOXIOUS WEEDS. Any of the following species of plant materials: Canada thistle (Cirsium 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), giant hogweed (Heracleum mantegazzianum), ragweed (Ambrosia elatior l.), and poison ivy (Rhus toxicodendron), poison sumac (Toxicodendron vernix), grasses in excess of nine (9) inches in height on residential property and grasses in excess of twelve (12) inches on all other property, and all other grasses, annual plants, weeds and vegetation, and plants defined by the Township Board to be "noxious weeds" or "weeds" and a common nuisance in accordance with Public Act 359 of 1941, MCL § 247.61 et seq., the Michigan Noxious Weed statute, except noxious weeds or weeds shall not include regularly maintained and weeded lawn areas, regularly trimmed, pruned and maintained trees and shrubs, cultivated flowers and vegetables, weeded beds and gardens, or fields devoted to growing any grain crop such as wheat, oats, barley, or rye, or to agricultural fields or fruit or vegetable gardens devoted to fruits and vegetables that will be harvested during the current growing season. WEEDS. All noxious weeds and grasses in excess of nine (9) inches in height on residential property or twelve (12) inches in height on any other property, annual plants and vegetation, other than: (i) such plants in regularly mowed, maintained and weeded lawn areas, (ii) regularly trimmed, pruned and maintained trees and shrubs, (iii) cultivated flowers and vegetables, (iv) weeded beds and gardens, or (v) fields devoted to growing any grain crop, such as wheat, oats, barley, or rye, or to agricultural fields or fruit or vegetable gardens devoted to fruits and vegetables that will be harvested during the current growing season. [Existing Section 302.3 of the Property Maintenance Code that is proposed to be supplemented by Subsections 302.3.1 through 302.3.3 that reads as follows is provided for context of the additions: 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free of hazardous conditions.] Subsections 302.3.1 to 302.3.3. Add new Subsections 302.3.1 through 302.3.4 to the Property Maintenance Code to read as follows: 302.3.1. Snow and/or ice removal from public sidewalks generally. No person shall permit any snow and/or ice to remain on a public sidewalk in the front, rear or sides of any house, premises, building, lot, unit, or parcel of land owned, occupied or controlled by such person longer than 24 hours after the snow has fallen or ice formed. Whenever any snow and/or ice has fallen or formed on any such sidewalk, the person shall, within 24 hours after the same has fallen or formed, remove all snow and/or ice so far as is practicable and reasonable to allow safe pedestrian use of such sidewalk. 302.3.2. Snow and/or ice removal from public sidewalks adjacent to common areas within a subdivision or adjacent to public streets abutting the subdivision. A homeowner's association of a single family subdivision shall be responsible for removal of any snow and/or ice from: (a) a public sidewalk adjacent to a common area within a subdivision, or (b) a public sidewalk adjacent to a public street abutting the subdivision as required by Subsection 302.3.1. If the subdivision does not have an owner's association comprised of all owners of lots within the subdivision, then all of the owners of lots within the subdivision shall be jointly and severally responsible for removal of all snow and/or ice as required by this Subsection. 302.3.3. Snow and/or ice removal from public sidewalks adjacent to common areas within a condominium or adjacent to public streets abutting the condominium. A condominium association of a condominium shall be responsible for removal of any snow and/or ice from: (a) a public sidewalk adjacent to a common area within the condominium, or (b) a public sidewalk adjacent to a public street abutting the condominium as required by Subsection 302.3.1. 302.3.4. Failure of owner, subdivision association, condominium association or responsible party to remove snow and/or ice. When an owner, occupant, subdivision association, or condominium association fails to remove snow and/or ice as required by Subsection 302.3.1, and the public sidewalk(s) remains obstructed with snow and/or ice, or if such public sidewalk(s) are unsafe for pedestrian use as a result of the presence of unremoved snow and/or ice, the code enforcement official or other person authorized to enforce these provisions of the Property Maintenance Code may give notice by: (a) affixing a tag upon a conspicuous location on the property advising the owner or occupant, or (b) giving notice by personal delivery, facsimile, or email to the resident agent of the subdivision association or condominium association in the case of a responsible subdivision association or condominium association, that the accumulation of snow and/or ice upon the adjoining sidewalks constitutes a violation of this code, and must be removed within 24 hours. The tag or notice shall also state that if the responsible party fails to comply with such order within the specified time, then the Township or its contractor may abate the accumulation of snow and/or ice and assess the expense thereof to the property, or to the responsible subdivision association or condominium association, together with a charge to cover administrative expenses. Upon expiration of the 24-hour period, if the accumulation of snow and/or ice on the public sidewalk(s) has not been removed, and the code enforcement official or other authorized enforcement person determines that the accumulation of snow and/or ice constitutes an obstruction of such sidewalk(s) or a hazard to the safety of the public, the code enforcement official or other enforcement person may proceed to abate such obstruction or public safety hazard. 302.3.5. Abatement of accumulation of snow and/or ice from sidewalk. The code enforcement official shall take all steps necessary to carry out the abatement of an accumulation of snow and/or ice upon a sidewalk, shall keep an accurate record of all expenses in connection therewith, and upon completion of the work to be performed shall submit a report of the work done and all expenses in connection therewith to the Township Treasurer, who shall charge such expenses to the property and the owner thereof, or in the case of a subdivision association or condominium association, to such association and all properties within the subdivision or condominium. Such expenses shall be paid to the Township within 30 days, and shall include, but not be limited to, the actual expenditure of funds to abate the obstruction, the actual cost to the Township for the time spent by Township employees, officers, or agents to abate, or work toward abatement of, the obstruction (including actual salary, fringe benefits, equipment usage, and other taxpayer-funded expenditures), attorney fees, consulting fees, any court costs incurred for enforcement, and/or similar costs and expenses. The Township's administrative expenses may be set by Township Board ordinance or resolution. The unpaid expenses shall constitute a lien against the property abutting the sidewalk. Section 302.4. Amend Section 302.4 of the Property Maintenance Code to read as follows: 302.4. Landscaping and removal of weeds; moving of vegetation on vacant properties. All landscaping located on the exterior property and premises shall be maintained in a neat, orderly, and attractive condition, including, but not limited to, the regular mowing of lawn areas, periodic trimming and pruning of trees and shrubs, the watering and weeding of lawn and landscaped areas, the removal and replacement of dead or diseased trees, shrubs, and plants, the removal of weeds in parking lots, driveways, sidewalks and other public areas and the regular removal of trash and debris from premises. All premises and exterior property shall be maintained free from noxious weeds as defined in this Property Maintenance Code in accordance with Section 302.4.1 of this Property Maintenance Code. Vegetation on vacant property shall be regularly mowed so that the height of such vegetation is no greater than nine (9) inches in height on residential property and twelve (12) inches on all other property at any time as required by Section 302.4.1 of the Property Maintenance Code. Subsection 302.4.1. Add new Subsections 302.4.1 to 302.4.3 to the Property Maintenance Code to read as follows: 302.4.1 Noxious Weeds. The following regulations and procedures shall apply to noxious weeds and their removal: 302.4.1.1. Removal of noxious weeds by owner or responsible party. The owner, agent, or occupant of: (a) any subdivided land (lot) in a subdivision in which buildings have been erected on 60% of the lots, or (b) a lot or parcel adjacent to a paved street or road used or open to the public upon which noxious weeds are found growing shall destroy such noxious weeds before they reach seed bearing stage or nine (9) inches in height on residential property, or twelve (12) inches on other property, and prevent their regrowth, or prevent them from becoming a detriment to public health for a depth of the lot or parcel, or the depth of 10 rods (165 feet), whichever is less in accordance with the provisions of this Subsection 302.4.1 and where such parcel abuts a subdivision, for a distance of at least 24 feet from the perimeters of the subdivision. 302.4.1.2. Failure of owner or responsible party to remove noxious weeds. If the owner, agent, or occupant of the lot or parcel upon which noxious weeds are found fails to destroy the weeds as required by the notice given in accordance with Subsection 302.4.1.3 below, the Township or its agent may enter the lot or parcel and destroy the noxious weeds to the depth of the lot or parcel, or the depth of 165 feet (165'), whichever is less and for a distance of at least 24 feet from the perimeter of the subdivision as set forth in Subsection 302.3.1.1. The Township may use mechanical equipment or other reasonable methods that do not damage the property or adjacent sidewalk. The Township may cut or destroy weeds as many times as is necessary each year and may charge the expenses incurred by the Township to the property owner as provided in Subsection 302.4.1.4. 302.4.1.3. Notice of obligation to remove noxious weeds. The Township may give notice of the obligation of an owner of a lot or parcel to destroy noxious weeds by publishing a notice in a newspaper of general circulation in the county during the month of March advising that weeds which are not cut by May 1 of that year will be cut by the Township and that the owner of the lot or parcel will be charged with the cost of doing so as provided in Subsection 302.4.1.4 below. The notice shall contain all information required by the Michigan Noxious Weeds statute, currently MCL § 247.64. Alternatively, the Township may give notice to the owner of a lot or parcel of the owner's obligation to destroy noxious weeds by regular mail or other means reasonably calculated to provide such owner with notice of such obligation. 302.4.1.4. Recovery of removal expenses by the Township. The expenses incurred by the Township in destruction of the noxious weeds shall be paid by the owner of the lot or parcel, and the Township shall have a lien upon the lot or parcel for the amount of the expense, including administrative expenses, attorney fees, recording fees and other expenses incurred in connection with imposition of the lien, and applicable penalties and interest until the amount of the lien is collected as authorized by the Michigan Noxious Weeds statute, currently MCL § 247.64. The lien may be enforced in the manner provided by the Michigan laws applicable to the recovery of noxious weed expenses, enforcement of tax liens, and other applicable Township ordinance adopted by the Township Board. 302.4.1.5. Applicability of Subsection 302.4.1 to condominiums and condominium units. Whenever the provisions of Subsection 302.4.1 refer to subdivided land, subdivisions, or lots, such provisions shall apply in the same manner to condominiums and condominium units. Section 304.14. Insert, March 21 and October 30. Section 602.3. Insert, September 21 and May 31. Section 602.4. Insert, September 21 and May 31. (Ord. No. 224, § 2, 10-13-04; Ord. No. 255, § 1, 6-13-12; Ord. No. 266, § 1, 3-11-15; Ord. No. 266 (Corrected), § 2, 3-11-15) Macomb Township Building Department 54111 Broughton Road Macomb, MI 48042 586 992-0710 Publication MD: 3/2/26