NOTICE OF ADOPTION ORDINANCE NUMBER 34 OF 2013 AN ORDINANCE TO CONTROL AND ERADICATE NOXIOUS WEEDS AND TO CONTROL THE GROWTH OF WEEDS, GRASS, BRUSH AND OTHER RANK, POISONOUS OR HARMFUL VEGETATION. THE VILLAGE OF ATHENS ORDAINS: Noxious Weeds Sec. 1. Definition of noxious weeds and weeds; prohibition. (a) Definition. For the purposes of this article, term "noxious weeds" shall include Canada thistle (Circium 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 (Sonchusatvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1.) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other noxious plant growth in excess of nine (9) inches. The term "weeds" shall include all grasses, annual plants and vegetation, other than trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens. (b) Prohibition. All premises and exterior property shall be maintained free from weeds in excess of nine (9) inches. All noxious weeds shall be prohibited. Sec. 2. Duty of property owner to abate. It shall be the duty of the owner, lessee, tenant, or occupant of any lot or land whether occupied or unoccupied, including the area between said lot or land and the traveled portion of any alley, street, or road which adjoins said lot or land on which noxious weeds are found growing to destroy such weeds before they reach a seed-bearing stage and to prevent such weeds from perpetuating themselves. Likewise, it shall be the duty of the owner of every lot or parcel of land to cut weeds in excess of nine (9) inches. Sec. 3. Notice to property owner to abate; service; posting on premises. If the owner, lessee, tenant or occupant of any property on which weeds or noxious weeds are growing shall fail or neglect to destroy the weeds on such property, lot or parcel of land whether occupied or unoccupied, including the area between said lot or land and the traveled portion of any alley, street, or road which adjoins said lot or land, the code official shall cause a written notice to be served on the owner or occupant of such propeny requiring the destruction of such weeds within ten days after service of notice. If service of such notice cannot be had upon the owner or occupant, it shall be sufficient to post the notice in some conspicuous place on the premises. The notice shall contain a summary of the provisions of this article. Failure to give such notice shall not, however, constitute a defense to any action to enforce the payment of any penalty provided for a debt created under the provisions of this attic/e. Sec. 4. Failure of owner to abate; abatement by Village. If any owner, agent or occupant of property upon which weeds or noxious weeds are growing shall refuse or neglect to destroy said weeds with ten days after receiving notice to do so, the official may cause the destruction of such weeds to be done. Expenses incurred in the destruction or cutting of weeds shall be paid by the owner of the lot. The Village shall have a lien upon the lot for the amount of the expense. The lien shall be enforced in the manner prescribed by the laws of the State of Michigan providing for the enforcement of tax liens. Sec. 5. Manner of destroying weeds. The Village shall, so far as is practicable, apply the best methods for the destruction of noxious weeds which are calculated to prevent their spread and to eradicate the noxious weeds. The destruction of noxious weeds on any lot or parcel of land shall be performed in such a manner as to leave the lot or parcel of land in a neat and orderly condition. Sec. 6. Penalties and sanctions; municipal civil infraction. A person who violates any provision of this article is responsible for a blight violation punishable as a municipal civil infraction, and subject to payment of a civil fine of not less than $50 nor more than $500, plus costs and other sanctions, for each infraction as provided for in Section 10 of Ordinance #28 of 2000. Sec. 7. Notice to owner/occupant of property; newspaper publication. The Village Clerk may during the month of March of each year, give notice of the provisions of this ordinance by publishing a notice thereof once a week for two successive weeks in a newspaper of general circulation in the county. Such notice by publication shall conform to MCL 247.64a and obviate any requirement on the part of the Village to notify the owner, occupant or person in control of a lot or parcel of land by certified mail with retum receipt requested on which nuisance vegetation is found growing. Such published notice shall state that nuisance vegetation not abated by May 1 of that year will be abated by the Village as many times as necessary between May 1 and October 31 and that the owner of the property shall be charged with the costs incurred by the Village pursuant to this article. Sec. 8. Responsibility of property owners of undeveloped land. Residential, commercial and industrial undeveloped land owners shall cut or otherwise destroy weeds and noxious weeds in the manner described in this ordinance at a distance of not less than 165 feet from the traveled portion of any street, alley or road, or the depth of the lot, or land, whichever is less. Sec. 9. Cost. (a) The Village shall keep an accurate account of all costs incurred for the preparation, cutting and other abatement procedures undertaken, with respect to each lot or parcel of land, in carrying out the provisions of this ordinance. Such cost shall constitute a lien upon the lot or land. A copy of the account of all costs incurred shall be transmitted to the Village Treasurer for collection. That portion of the account remaining unpaid as of December 31 of the year of services rendered shall then be collected and treated in the same manner as provided for in property tax liens under the General Property Tax Act 1893 PA 206 of, as amended, being MCL 211.1 et seq. (b) Any owner who shall fail to destroy such weeds or noxious weeds as provided for in this article shall be subject to costs and the penalties prescribed. Sec. 10. Severability of Invalid Provisions. If any provision of this Ordinance shall be held invalid, its invalidity shall not effect any other provisions of this Ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this Ordinance are hereby declared to be severable. Sec 11. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Sec 12. Effective Date. This Ordinance shall take upon publication and shall be published in a newspaper of general circulation not later than twenty (20) days from the date of adoption by the Village of Athens. This Ordinance is hereby declared to have been passed and adopted by the Village of Athens, County of Calhoun, State of Michigan, at a regularly scheduled meeting thereof duly called and held on this 13th day of August , 2013. Bonnie J Conant Athens Village Clerk BCE-12155504                                              3/15 3/16/2026