michigan what is expected of township officials

The Court also acknowledged that a hearing would be an additional step that could be provided, but the notice and communication required of the municipality by its ordinance before cutting the grass and charging the property owner was sufficient. But, that interest was minimal, and a municipality has a strong interest in preventing noxious weeds. The Court of Appeals found that a valid property interest existed in a property owner’s grass. According to the property owner, before the grass could be cut by the enforcing municipality, the Constitution mandated that the municipality first provide a due process hearing before an impartial decision maker. The property owner challenging the ordinance claimed that the process was constitutionally deficient. In administering the ordinance, the municipality provided notice of the violation and time for the property owner to comply, which was the procedure required by the ordinance. If the property owner failed to timely comply with the ordinance, the municipality would cut the grass or remove the weeds at the property owner’s expense. This year, a property owner challenged a municipality’s ordinance that required grass to be no more than six inches in height. For townships, these ordinances are often predicated on state law expressly allowing townships to adopt noxious weeds ordinances. Many municipalities have adopted ordinances addressing noxious weeds and tall grass. Enforcing Noxious Weeds and Tall Grass Ordinances This month’s E-letter focuses on these decisions, with a special focus on decisions illustrating the enforcement of township ordinances, abatement of violations, and the permissible scope of township authority to regulate certain areas, such as fireworks. Recently, the Michigan Court of Appeals has set forth a number of important decisions that shed light on this difficult balance, and help township officials to better understand the scope and limits of what can be accomplished through police power ordinances. Although townships may wish to rely on their police power to enact and enforce ordinances promoting the health, safety, and general welfare of their residents, they must be sure to do so without violating a citizen’s due process rights or other relevant law. When regulating property, townships face difficult decisions.

Michigan what is expected of township officials