Documenting the Brightmoor Project

Once we have all the lots and addresses in the website. We will need to confirm all the homes that are occupied (Checked against the map we have in the office.) 

If any privately owned properties have dangerous trees, over growth or poisonous vegetation we need to submit a report to the city for each lot that is out of code compliance.

They will notify the property owners of their responsibilities, potential remedies and any penalties for non compliance.

Notice of Violations, Show Cause and Abatement.  The City will:

a.    As soon as is reasonably possible after the City has received from Brightmoor Alliance any notice that violations of Article IV and/or V of Chapter 57 of the Detroit City Code exist with respect to any parcels located within the Neighborhood, issue notices of violation and/or orders for abatement under Chapter 57, Article IV and V of the Detroit City Code in the form and content required by the Detroit City Code, and identifying in reasonably sufficient detail, the diseased and dangerous trees, and poisonous, injurious or noxious weeds and other potentially injurious brush or plant growth that are subject to abatement, clearing and removal in connection with the Project, consistent with the Scope of Work and Detroit City Code.  Any such notice or order for abatement will provide the appropriate time for compliance as set forth in the applicable section of the Detroit City Code.

b.    take any other and further action required by Chapter 57, Article IV and V of the Detroit City Code, including conducting any show cause hearings determined to be necessary, in order to allow the Brightmoor Alliance to commence and complete the Project.  
 
c.    take all reasonable action required to expedite the noticing and abatement process set forth above and in Chapter 57, Article IV and V of the Detroit City Code in order to complete the Project by the Brightmoor Alliance no later than October 31, 2015.

Information Regarding Notices and City Action.  The City will, as promptly as possible, provide the Brightmoor Alliance with all reasonable information related to the noticing, show cause hearing and related process undertaken by the City under Section 4 above, which information shall be reasonably satisfactory to the Brightmoor Alliance before the Brightmoor Alliance shall have any obligation to conduct or continue the Project.  In the event the Brightmoor Alliance identifies any deficiency in such process, the City and the Brightmoor Alliance shall work cooperatively in an effort to remedy such deficiency as expeditiously as possible in order to maintain the anticipated timeline of the Project.

Link to City Code Chapter 57


  • ARTICLE IV. - DISEASED OR DANGEROUS TREES Added

  • FOOTNOTE(S):

    --- (4) ---

    Cross reference— Health and sanitation, Ch. 24; nuisances generally, Ch. 37.

    State Law reference— Insect, pest and plant disease act, MCL 286.201 et seq., MSA 12.201 et seq.; control of insect pests and contagious plant diseases, MCL 286.251 et seq., MSA 12.263(1) et seq.; Dutch Elm Disease, MCL 41.681, MSA 12.264; destruction of box elder trees, MCL 124.151, MSA 12.270(1).

  • Sec. 57-4-1. - Definitions. Added
  • For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

    Dangerous tree shall mean any tree or part thereof which is in such a condition as would make it likely to fall and thereby injure persons or damage property.

    Diseased tree shall mean any tree infected with Dutch Elm Disease.

    (Code 1964, § 64-3-1)

    Cross reference— Definitions and rules of construction generally, § 1-1-2.

  • Sec. 57-4-2. - Declared nuisance. Added
  • Any diseased or dangerous tree on private property is hereby declared a public nuisance and it shall be unlawful for any owner of real property to maintain any such tree thereon.

    (Code 1964, § 64-3-2)

  • Sec. 57-4-3. - Right of entry to inspect, etc.; distinguishing marks. Added
  • (a)

    For purposes of enforcing this article, the director of the recreation department or his designated representative may, upon presenting appropriate credentials to the owner, occupants or agents in charge, go upon private property for the purpose of inspecting and determining whether any diseased or dangerous trees are located thereon.

    (b)

    Whenever the director or his designated representative finds a diseased or dangerous tree on private property, he shall place a distinguishing mark thereon, by blaze or otherwise.

    (Code 1964, § 64-3-3)

  • Sec. 57-4-4. - Notice of violation, etc.; failure to abate; hearing. Added
  • (a)

    When the director of the recreation department or his designated representative finds a violation of section 57-4-2, he shall issue a notice to the affected owner or owners of record specifying the violation and ordering abatement within a reasonable time from the date notice is issued.

    (b)

    If the owner or owners of record fail to comply with an abatement order issued pursuant to subsection (a) of this section, the director of the recreation department or his designated representative may issue notice to the owner or owners to appear at a hearing before a hearing officer, who shall be appointed by the director, to show cause why the department should not issue a violation or take or cause to be taken whatever actions are necessary to abate the violation at the expense of the owner or owners. The hearing officer appointed herein shall not be an active employee of the department.

    (c)

    All notices required by subsection (b) of this section shall be in writing and shall be sent by registered or certified mail to the last known address of the affected owner or owners, return receipt requested. The lack of a signed receipt for a notice duly mailed shall not affect in any manner the validity of the proceedings taken hereunder.

    (d)

    The hearing officer shall take testimony of the director of the recreation department or his designated representative, the affected owner or owners and any other interested party. The hearing officer shall then render his decision either dismissing the proceedings or authorizing the department to issue a violation or take or cause to be taken whatever actions are reasonably necessary to abate the violation at the expense of the owner or owners; provided, that whenever the cost of abating the violation would be a financial hardship on the owner or owners, the hearing officer shall be limited to authorizing the department to take or cause to be taken whatever actions are reasonably necessary to abate the violation at the expense of the owner or owners under an extended payment plan provided for by section 57-4-5. The hearing officer shall determine financial hardship according to standards promulgated by the department and approved by the city council.

    (Code 1964, § 64-3-4)

  • Sec. 57-4-5. - Cost of abatement. Added
  • The entire cost of abatement actions taken or caused to be taken by the recreation department pursuant to this article shall be paid by the responsible property owner. The owner or party in interest in whose name the property appears upon the last assessment records shall be billed for the amount of such cost by first class mail. If he fails to pay the recreation department within thirty (30) days after billing, the cost shall be reported to the board of assessors who shall assess the cost against the affected property. The assessed cost shall be a lien on the affected real property and the lien shall be enforced in the manner prescribed by this Code and the city Charter for enforcing special assessments or tax liens; provided, that whenever a finding of hardship is made pursuant to section 57-4-4(d), no bill shall be sent by the department to the owner. Instead, the recreation department shall report the cost to the board of assessors as an extended payment assessment. Assessment rolls for such extended payment assessments shall be made in six (6) parts, the parts to be numbered consecutively.

    (Code 1964, § 64-3-5)

  • Sec. 57-4-6. - Possession, storage, etc., of elmwood. Added
  • It shall be unlawful in the city to possess, store or otherwise retain the woody portions of any species of elm unless such portions are completely stripped of all bark.

    (Code 1964, § 64-3-6)

  • Sec. 57-4-7. - Penalties. Added
  • Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalty as provided in section 1-1-9; except, that the penalty shall not be less than a fifty dollar ($50.00) fine.

    (Code 1964, § 64-3-7)

  • ARTICLE V. - ABATEMENT OF WEEDS, BRUSH AND OTHER PLANT GROWTH Added

  • FOOTNOTE(S):

    --- (5) ---

    Editor's note—Ord. No. 38-04, § 1, adopted Nov. 10, 2004, amended former Art. V, §§ 57-5-1—57-5-6, in its entirety to read as herein set out. Former Art. V pertained to similar subject matter and derived from the Code of 1964 and the following: Ord. No. 7-96, § 1, 3-29-96; Ord. No. 8-87, § 1, 3-18-87.

    Cross reference— Health and sanitation, Ch. 24; nuisances generally, Ch. 37.

    State Law reference— Deposit of noxious weeds on highways, MCL 247.51, MSA 28.181; control and eradication of noxious weeds, MCL 247.61 et seq., MSA 9.631(1) et seq.

  • Sec. 57-5-1. - "Poisonous or injurious weeds" defined. Added
  • For the purpose of this article, "poisonous or injurious weeds" shall include those species and varieties designated as noxious by Chapter 247, Highways, Control and Eradication of Noxious Weeds, being MCL 247.61 to 247.72. In addition, the following species and varieties of plants are hereby designated as injurious weeds: Ragweed (any species of Ambrosia), poison ivy (Rhus radicans), poison sumac (Toxicodendron vernix), poison oak (Toxicodendron quercifolium), marijuana (Cannabis staira) and Belladonna (Amaryllis belladonna). The director of the department of health and wellness promotion, or his or her designee, is hereby empowered to designate and declare, by a written rule or regulation, additional species and varieties of plants as injurious within the meaning of this article, on the basis of implication of such species or varieties as actually or potentially injurious to the public health.

    (Ord. No. 38-04, § 1, 11-10-04)

  • Sec. 57-5-2. - Poisonous, injurious or noxious weeds, certain other brush, or plant growth declared a public nuisance. Added
  • Any poisonous, injuries or noxious weeds, any species or variety of plants designated and declared by the director of the department of health and wellness promotion, or his or her designee, to be potentially injurious to the public health pursuant to section 57-2-1 of this Code, any other weeds of any species or variety exceeding eight (8) inches in height, any wild growing brush or underbrush exceeding one (1) foot in height on any land, either public or private, either occupied or vacant, within the city are declared to be a public nuisance.

    (Ord. No. 38-04, § 1, 11-10-04)

  • Sec. 57-5-3. - Responsibility for abatement of poisonous, injurious or noxious weeds, certain other plant growth declared a public nuisance; abatement by the city. Added
  • (a)

    The owner of any property is responsible for the abatement of any weeds or plant growth declared to be a public nuisance. It shall be prima facie evidence of ownership where a corporation, partnership or individual is listed as owner of the property in the tract index. In the absence of a written agreement to the contrary between the owner and any other person, the owner shall be responsible for abatement under this section.

    (b)

    In any case in which the owner, occupant, agent or other person having control or management of any land allows the presence thereon or on any portion thereof of any weeds, brush or other plant growth which constitute a public nuisance under the provisions of section 57-5-2 of this Code, the Department of Public Works shall notify by certified mail, with return receipt requested, the owner, occupant, agent or person having control of the land on which such weeds, brush, or other plant growth are growing to abate the violation within ten (10) business days.

    (c)

    Upon the failure, neglect of any such owner, occupant, agent or other person to abate a public nuisance under this article within the stated time, the department of public works may assign such employees to enter upon the land and to destroy such weeds, brush or other plant growth by spraying, cutting or by other acceptable methods or enter into a contract for the destruction of the weeds, brush, or other plant growth; and provided further, that the city shall have a lien upon such lands for such costs and expense, such lien to be enforced in the manner prescribed in state law and in the City Charter for the enforcement of tax liens. Any costs or expense in such abatement, if not paid to the city within sixty (60) days from the date a statement thereof was forwarded to the party, shall be reported to the board of assessors, who shall assess the amount against the land in question; provided, that if the cost or expense or any one parcel of land is not more than fifty dollars ($50.00), it shall be charged to appropriate funds of the city. A failure to give written notice under this section shall not constitute a defense to any action to enforce the provisions of section 57-5-2 of this Code.

    (Ord. No. 38-04, § 1, 11-10-04)

  • Sec. 57-5-4. - Publication of notice in lieu of notice required by section 57-5-3; contents of published notice. Added
  • In lieu of the notice required by section 57-5-3 of this Code, the department of public works may publish a notice in a newspaper of general circulation in the county during the month of March that weeds, brush or other plant growth not cut by May 1st of that year will be cut by the city and the owner of the property charged with the costs under the provisions of section 57-5-3 of this Code. The publication shall also contain all other information required of the notice provided for in section 57-5-3 of this Code. The city may cut weeds, brush, or other plant growth as many times as necessary and charge the cost or expense to the property owner.

    (Ord. No. 38-04, § 1, 11-10-04)

  • Sec. 57-5-5. - Enforcing officers granted access to premises; obstruction of officers prohibited; liability of officers in action of trespass. Added
  • The authorized representatives of the department of public works shall be granted free access to and from any land for the purpose of investigation to determine whether violations of this article exist, and for the work necessary to accomplish the abatement of any violation of this article found to exist. No person shall obstruct or prevent such work.

    (Ord. No. 38-04, § 1, 11-10-04)

  • Sec. 57-5-6. - City reserves right to reject claims for damages. Added

In the event of destruction or damage of any plant growth not declared by this article to be a public nuisance during the course of normal operations directed at destruction of any plant growth declared to be a public nuisance by this article growing on the same tract, part or parcel of land, the city reserves the right to reject all claims resulting from such damage.

(Ord. No. 38-04, § 1, 11-10-04)


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