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Code of Ordinance › Chapter 30 — ENVIRONMENT

For the purpose of this ordinance, the following words, terms and phrases, shall have the meanings ascribed to them in this section: Enforcement officer. The Village of Mayville Zoning Administrator, or any other officer of the village so designated shall enforce the provisions of this article. Noxious or poisonous weeds. Canada thistle (Circium arvense), milkweed (Asclepias cornutus), oxeye daisy (Chrysanthemum leucanthemum), goldenrod (Solidago), burdock (Arctium lappa), dodders (any species of Custcuta), 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), ragweed (Ambrosia elatior 1.), poison ivy (Rhus toxicondendron), poison sumac (Toxicondendron vernix) or any other tree, shrub, plant, weed or other noxious material regarded as a common public nuisance. Person. Any natural person, firm, association, partnership, limited liability corporation or corporation. Public nuisance. Any tree, shrub, plant, weed, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious material which endangers public property or the health or safety of the public. (Ord. No. 171, 3-18-2014)

No owner, possessor or occupier of land, and no person in charge of any land in the village shall permit or maintain on any such premises any dead or diseased trees, noxious or poisonous weeds, shrubs or plants, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious materials.

As often as may be necessary to comply with the provisions of this ordinance, every owner, possessor or occupant of land, and every person in charge of any land in the village shall remove, destroy or cut, by lawful means, all dead or diseased trees, any accumulation of dead weeds, grass or brush, noxious or poisonous weeds, shrubs or plants growing thereon in such a manner as will also effectively prevent such weeds, shrubs or plants from blossoming, bearing seed, spreading to adjoining property or becoming a fire hazard. Notwithstanding anything contained in this article to the contrary, every owner, possessor or occupant of land, and every person in charge of any land in the village, such parcel being ten acres or less, shall at all times keep any grass, weeds, rank vegetation, non-woody surface vegetation and other similar plants so that the height of such plants, or any part or portion thereof, from the ground to the part farthest away from the ground shall at all times be less than eight inches. (Ord. No. 171, 3-18-2014; Motion of 6-17-2014)

This ordinance will be published in the local newspaper, on the village web site, and mailed with the water bills in April of each year. When a complaint comes to the village of a violation of this ordinance, the enforcement officer will inspect the property. Before commencing prosecution under this article, the enforcement officer shall post a copy of this ordinance violation to the building or structure. The notice shall specify that failure to remedy the violation within 48 hours of posting, shall entitle the village to enforce section 30-156 at the expense of the property owner. (Ord. No. 155, § 1, 1-20-2009;Ord. No. 171, 3-18-2014)

Editor's note— Ord. No. 171, adopted Mar. 18, 2014, deleted § 30-155, which pertained to penalty and derived from Ord. No. 134, revised on June 21, 2005.

If any person shall fail or neglect to comply with the removal, destruction or cutting required by this ordinance, the superintendent of public works shall cause all such dead or diseased trees, noxious or poisonous weeds, shrubs or plants, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious materials to be cut, removed or destroyed upon lands of the person not complying with the provisions of this ordinance at the expense of the property owner. The superintendent of public works shall keep or cause to be kept an accurate account of all expense incurred with respect to each parcel of land entered upon in carrying out the provisions of this ordinance and shall make a sworn statement of the account and present it to the village council. The charges will be as follows: $35.00 per person per hour. $82.35 per hour for mower. Plus the cost of any equipment rental rate. These rates are subject to change by approval of the village council. (Ord. No. 171, 3-18-2014) Editor's note— Ord. No. 171, adopted Mar. 28, 2014, changed the title of § 30-156 from "Cutting by village upon failure of owner to comply" to "Penalty and cutting by village upon failure of owner to comply."

The superintendent of public works or the chief of police, or their designated representatives, are hereby authorized to enter upon any premises in the village for the purpose of cutting, removing or destroying poisonous and noxious weeds, brush, grass, shrubs, plants, trees, non-woody surface vegetation, debris, refuse, filth or other noxious materials in accordance with the provisions of section 30- 156. (Ord. No. 171, 3-18-2014)

A copy of the sworn statement provided for in section 30-156, including an account of the costs incurred on each of the several descriptions or parcels of property, shall be transmitted to the village treasurer. The village treasurer shall add to all such accounts so audited and allowed ten percent of the total of each account, and shall cause all such expenditures so audited and allowed, together with the additional ten percent, to be severally levied on the lands on which such expenditures were made. The amount levied for each such case shall be no less than $117.35 unless changed by the village council. Such amounts shall be severally spread upon the tax roll in preparation and collection as other village taxes are made, and when collected shall be paid into the general fund of the village to reimburse the village for the costs of publication, overhead and other expense and outlay as authorized in this ordinance. (Ord. No. 171, 3-18-2014)

The village clerk shall on or before April 1 of each year give notice of requirements and provisions of this article by publishing a notice once a week for two successive weeks in a newspaper of general circulation in the village. In addition, a notice of requirements and provisions of this article shall be included in the last water bill of each account prior to April 1 of each year. (Ord. No. 171, 3-18-2014)

Exempted from the provisions of this article are flower gardens, plots of shrubbery, vegetable gardens and grain plots. An exemption under the terms of this section cannot be claimed unless the land has been cultivated and cared for in a manner appropriated to such exempt categories.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Secs. 30-163—30-170. - Reserved. [8]

Footnotes:

--- (8) --- Editor's note— Ord. No. 148, § 1, adopted Apr. 19, 2007, repealed Art. VIII, §§ 30-171—30-180, which pertained to snow and ice removal and derived from Ord. No. 137, adopted Feb. 21, 2006. Secs. 30-171—30-180. - Reserved. [1]

Footnotes:

--- (1) --- Cross reference— Buildings and building regulations, ch. 18; civil emergencies, ch. 22; burying or burning garbage, § 54-124. State Law reference— State fire prevention code, MCL 29.1 et seq., MSA 4.559(1) et seq.; crimes relating to fires, MCL 750.240 et seq., MSA 28.437 et seq.; crimes relating to explosives and bombs, MCL 750.200 et seq., MSA 28.397 et seq.

Printed October 10, 2026 at 1:35 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2271