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= RESOLUTION #2000-52 (a)
MUSKEGON CITY COMMISSION.
RESOLUTION TO ESTABLISH A NEW NOTICE POLICY ;
FOR NOXIOUS WEEDS AND SEASONAL MOWING
WHEREAS, the City of Muskegon is a community of neighborhoods, and;
WHEREAS, community pride is a critical component of neighborhood health, and;
WHEREAS, property maintenance standards are a reflection of community pride, and;
WHEREAS, well maintained property promotes pride, enhances property values, curbs blight,
and prevents health hazards, and; ~
WHEREAS, a clear message of responsibility and pride in the community must be set as a
minimum standard, and;
WHEREAS, notifying property owners of such standards is necessary but should not be
incessant;
NOW, THEREFORE, BE IT RESOLVED that the following policy is hereby established for
noxious weed and grass mowing notices during the mowing season:
1. Certified mail shall not be used. -First class letters shall no longer be sent in mass notifying
property owners that their property needs mowing attention, as this practice is costly, not
required by state law, and tends to promote mediocre property maintenance. Selective first
class mail may be used in questionable cases.
Each year, in the month of March, a Chronicle newspaper notice shall be placed pursuant to
City ordinance notifying residents of their maintenance responsibilities according to the
ordinances of the City of Muskegon.
A notice shall also be printed in the spring addition of the City's newsletter, the Channel,
which goes to ail occupants of the city.
As part of the neighborhood grant program, each neighborhood association will be supplied
with the notice early March and be asked to place it in their respective newsletters.
The notice shall be sent to the Muskegon Landlord's Association.
Notice will be sent for the year 2000 season only to all out-of-town landowners on record
with the City of Muskegon. For each year thereafter, notice shall only go to new out-of-town
property owners of record. .
For the year 2000 season only a postcard will be sent to those properties that were sent
violation letters in the 1999 season notifying them of the change in procedures.
Notice programs for absentee owners may be set up by the department administering the
noxious weed ordinance for a fee to be set by City Commission.
For the year 2000 only one letter will be sent to a violating property outlining grass mowing
policies and indicating no other letter.will be sent.
10. Notice will be given for the-year 2009 only to new property owners in the assessing records©
Between April 1, 1999 and April 1,2000.
- 11. The Finance’ Department shall provide a brochure outlining City policy and procedures for
property maintenance to individuals requesting a change
iin water service. Thisis aimed at
educating new residents, both owners and tenants.
Adopted this 9 day of May, 2000.
Ayes: Spataro, Aslakson, Schweifler, Shepherd
Nays: Sieradzki, Benedict, Nielsen
Absent: None
At est BawQ.peg
Gail A. Kundinger, Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May 9,
2000. The meeting was properly held and noticed pursuant to the Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1976.
_ CITY OF MUSKEGON
By Doce Q. ae)
Gail A. Kundinger, City Clédk
SAMPLE FIRST LETTER
Dear Taxpayer:
City staff is actively working to enforce various ordinances that are intended to improve
the appearance of neighborhoods and protect property values.
Therefore, I am asking that you help upgrade our city by cutting your grass. This must be
done in the next 5 days or a City crew will cut it. If we do have to render this service,
you will be charged a minimum of $80.00, although the actual charge will depend on our
cost. Also, please note that if trash, brush, or debris that would interfere with mowing is
on the property, it will be removed and this cost will be added to the bill.
Remember that it is your responsibility to maintain your entire yard, which includes the
area between the sidewalk & the street, plus 1/2 of the alley (if there is one).
Our environmental inspectors regularly tour our neighborhoods to check for grass and
weeds so please maintain your property throughout the year. This will be the only notice
you receive this year. Please note: the height limit for grass is 8 inches, if it exceeds
that, staff sends out the contractor.
Your cooperation would be appreciated. However, should you fail to comply with this
notice not only will the city be forced to cut the grass and charge the cost to you, we may
also issue a ticket which may carry fines between $100.00 and $500.00. If you have any
questions, call [INSERT INSPECTOR'S #], and I will be happy to discuss them with you.
Thank you,
Community & Economic Development
To: Honorable Mayor and City Commission
From Mike Cameron, Code Coordinator
GG: Bryon Mazade, City Manager
Date: May 16, 2006
Re: Noxious Weed Ordinance Modifications for Leaves.
Attached you will find suggested language changes to our Noxious Weed ordinance that
would enable enforcement actions to be taken if an owner failed to properly clean up their
leaves on a property. The ordinance only applies to properties with a principal structure and
is in effect after the leaf season has ended. This language would enhance our efforts to
eliminate the blighting impact of an unkempt home and yard. Additionally, decaying leaves
around homes and buildings can be a health concern for the occupants. Decaying leaves
not only contribute to elevated mold spore counts, but also provide an ideal environment for
breeding mosquitoes around the home. With the health concerns in recent years regarding
the West Nile Virus and its transmission by mosquitoes, it is even more important than ever
to keep wet decaying leaves picked up near homes. Also included in the proposed language
are allowances for environmentally friendly composting. The size of the composting
operation would however be limited to a container or an area no greater than 16 square feet. -
This size would allow for the composting of leaves in a typical residential environment.
The Leaf Season has been defined as being from September 1°. through April 30°. of each
year. During this season, it would not be required of a properly owner to pick up their
leaves, Beginning on May 1°. enforcement action could begin and an inspector could send
a violation notice requesting the yard be cleaned up within 14 days, if the property owner did
not correct the problem in the specified time, we would then enter the property and remove
the leaves. This overall timeframe should provide an adequate buffer for residents that
spend winters out of state and return in the spring.
As with any program there will be costs associated with it. Our current contractor agreement
provides for raking leaves, so the current agreement would not need modification. Our
contractor charges $36.00 per hour for this service but the differing conditions of each yard
makes it difficult to estimate the costs the city will incur. Raking of yards is an arduous task
with no real shortcuts, we can expect that the crew will have to rake the yards by hand.
Once leaves have been raked they would have to be bagged for pick-up by the city's waste
hauler. After performing the service, the city would bill the owner the costs plus an
administrative fee of $60.00. All too often these invoices remain unpaid and payment must
be pursued through collection methods with varying levels of success. Any of the invoices
remaining unpaid would be an added expense for the city to bear.
Due to the notification requirements of the noxious weed ordinance, we would not be able to
begin actual enforcement until the end of the next leaf season, which is April 30, 2007. In
the interim, we will need to modify our computer program to enable us fo enforce this new
language. When the program modifications are complete, we could send information /
warning letters to properties that are not being properly maintained. The purpose of the
interim letter would be to encourage voluntary compliance and serve as notice that the rules
have changed and they now require the raking of leaves at the end of the next leaf season.
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