12.01 NOXIOUS WEEDS

12.01 NOXIOUS WEEDS

(a) Removal by Owner. It shall be the duty of every owner, occupant or person having charge of subdivided lands in the Village to cut down or cause to be cut down all 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 sow thistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1.) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other noxious weeds growing thereon in each and every year, so often as shall be sufficient to prevent any such weeds going to seed.

(b) Notice to Remove. The Road Commissioner is hereby appointed Commissioner of Weeds for a two year term and until a successor is appointed and qualified, pursuant to Act No. 359 of the Public Acts of 1941 as amended. He shall notify by certified mail with return receipt requested, the owners, agents or occupants of any subdivided lands within the Village which subdivisions have buildings on sixty percent (60%) of the lots in said subdivision or the owners, agents or occupants of lots along all improved streets in common usage, for a depth of ten (10) rods or the depth of the lots, whichever is lesser, on which noxious weeds are found growing. The notice shall be mailed to the owners, agents or occupants of such lands as shown by the addresses on the latest confirmed assessment roll of the Village. In the event that the owners, agents or occupants of said lands shall refuse or fail, after ten (10) days notice, to destroy the weeds then the Room Commissioner or his authorized agent or agents may enter upon the lands and destroy such noxious weeds. In addition to other rights and remedies, the Village shall have a lien upon such lands for all expenses incurred in carrying out the provisions of this section, and such lien may be enforced in the manner provided by the Charter of the Village for the enforcement of tax liens.

(c) Collection of Cost of Removal. The Commissioner shall keep an accurate account of the expenses incurred in carrying out the provisions of this section with respect to each parcel of land entered upon under the terms of this section. The amount of such expenses incurred in the destruction of such weeds shall constitute a debt to the Village by the person so failing to comply with the order of the Commissioner to remove such noxious weeds. In the event the cost of destroying such weeds as hereinbefore provided remains uncollected or unpaid on the 15th day of September following the cutting of such weeds, the unpaid amount shall be certified by the Commissioner to the Village Manager, who shall forthwith report such amount and the owners of the lands delinquent in the payment of the same to the Village Council. The Village Council shall cause an assessment roll to be prepared by the Assessor in the same manner as other special assessments are made under the Charter of the Village. The charges for the removal and cutting of noxious weeds shall become a lien upon said lands from and after the certification by the Commissioner to the Village Manager, and a copy of such certification shall be filed by the Commissioner with the Village Clerk.