November 10, 2005, Introduced by Senators CHERRY, BRATER, SCHAUER and GOSCHKA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1941 PA 359, entitled
"An act for controlling and eradicating certain noxious weeds
within the state; to permit townships, villages, and cities to have
a lien for expenses incurred in controlling and eradicating such
weeds; to permit officials of counties and municipalities to
appoint commissioners of noxious weeds; to define the powers,
duties, and compensation of commissioners; to provide for
sanctions; and to repeal certain acts and parts of acts,"
by amending section 4 (MCL 247.64), as amended by 2003 PA 321.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The owner of land on which noxious weeds are found
growing shall destroy the weeds before they reach a seed bearing
stage and prevent their regrowth, or shall prevent them from
becoming a detriment to public health. The commissioner shall
notify by certified mail with return receipt requested the owner,
agent, or occupant of land on which noxious weeds are found
growing. The notice shall describe methods of treating and
eradicating the noxious weeds and a summary of the provisions of
this section. Failure of the commissioner to give the notice does
not, however, constitute a defense to an action to enforce the
payment of a fine provided for or debt created under this act. If
the owner, agent, or occupant refuses to destroy the noxious weeds,
the commissioner shall enter upon the land and destroy the noxious
weeds. Expenses incurred in the destruction shall be paid by the
owner of the land, and the township, city, or village of which the
commissioner is an officer shall have a lien against the land for
the amount of the expense. The lien shall be enforced in the manner
provided by law for the enforcement of construction liens.
(2) A village or city, or a township having a population of
more than 5,000, may, whether or not provided in its charter,
provide by ordinance enacted for the purpose of controlling and
eradicating noxious weeds in subdivided land that if the owner,
agent, or occupant of subdivided land in a subdivision in which
buildings have been erected on 60% of the lots, or the owner,
agent, or occupant of a lot along an improved street in common
usage, has failed, after 10 days' notice as provided in this
section, to destroy the weeds, for a depth of 10 rods or the depth
of the lot, whichever is less, then an agent authorized by the
governing body of the township, village, or city may enter upon the
lot and destroy noxious weeds by cutting. Mechanical equipment that
will not damage the property or the adjacent sidewalk, may be used
to cut the noxious weeds. Expenses incurred in the destruction
shall be paid by the owner of the lot. The township, village, or
city shall have a lien upon the lot for the amount of the expense.
The lien shall be enforced in the manner prescribed by charter, by
the laws of the state providing for the enforcement of tax liens,
or by ordinance passed by the governing body of the township,
village, or city.
(3) An owner who refuses to destroy noxious weeds as provided
in this section is subject to a fine of not more than $100.00. When
collected, the fine shall become a part of the "noxious weed
control fund" of the township, village, or city. By ordinance, the
township, city, or village may designate the refusal to destroy
noxious weeds as provided in this section as a municipal civil
infraction, in which case the fine shall be a civil fine. If the
city or township establishes an administrative hearings bureau
pursuant to statute to adjudicate and impose sanctions for blight
violations, the city or township by ordinance may designate the
refusal to destroy noxious weeds as provided in this section as a
blight violation and any fine imposed shall be a civil fine.
(4) This act does not apply to weeds in fields devoted to
growing any small grain crop such as wheat, oats, barley, or rye.
In the case of an easement, property such as an abandoned
subdivision, strip mine, or gravel pit, public property such as a
forest preserve, and all other land as to which definite ownership
is not known to the commissioner and cannot be established, the
county board of commissioners shall cause the destruction of
noxious weeds in accordance with this act.
(5) If the county board of commissioners of a county passes a
resolution to participate under this act, the commissioner of
noxious weeds shall notify the department of natural resources,
which shall determine whether there is land in the county belonging
to this state under the jurisdiction of the department. The
department of natural resources shall cut noxious weeds growing on
that land within 10 rods of any privately owned improved property,
upon receipt of the notification. If the department of natural
resources fails to cut the weeds, the commissioner of noxious weeds
shall enter upon the land and destroy the weeds. The expense shall
be a charge against the department of natural resources and may be
recovered in an action in the court of claims.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 889.
(b) Senate Bill No. 888.
(c) Senate Bill No. 886.