AN ORDINANCE TO AMEND SECTIONS I, II, AND IV OF ORDINANCE NO. 93-1,
REGULATING THE CUTTING OF GRASS AND NOXIOUS WEEDS IN THE VILLAGE OF
LAKEVIEW, AND TO PROVIDE FOR THE RECOVERY OF SUCH COSTS IN AN ACTION OF
LAW.

THE VILLAGE OF LAKEVIEW ORDAINS:

Section 1. Section I of Ordinance No. 93-1 is hereby amended to read in its entirety as
follows:

SECTION I - Grass and Weed Control:

No owner of any lot, place, or area within the Village or the agent of such owner shall permit on
such lot, place or area, or upon any sidewalk abutting the same, any weeds, grass or other
noxious grass, that may be growing, lying or located thereon.

For the purpose of this section, lot, place, or area shall include any lawn extension abutting the
premises. The lawn extension is that area between the property line and the edge of roadway
to include that area between the sidewalk and roadway curb.

SECTION II - Prohibited Acts:

Section 3. Section IV of Ordinance No. 93-1 is hereby amended to read in its entirety as
follows:

SECTION IV - Notice and Remedial Action:

If the Provisions of sections 1 and 2 of this Ordinance are not complied with, the
Village Manager, or his duly authorized representative, shall notify the occupant and owner of
the premise to comply with the provisions of said sections within a time to be specified in the
notice, which shall be given in accordance with Section IV(b) of this Ordinance. Said notice
shall require compliance within five (5) days after service of such notice. If owner or occupant
does not comply within the time limit, the Village Manager may cause such weeds, grass and
other vegetation to be removed or destroyed and the actual cost of such cutting, removal or
destruction may be computed and the owner whose name appears on the local tax
assessment records may be notified of the amount of such cost by first-class mail at the
address shown on the records. If owner fails to pay within thirty (30) days after mailing, said
amount may be added to the next tax roll of the Village of Lakeview and the same shall be
collected in the same manner in all respects as provided by law for the collection of taxes by
the Village of Lakeview.

Notice of violation. Notice to the owner or occupant of a premises required to be
given under Section IV(a) of this Ordinance shall be served by one of the following methods:

Penalty for violation. Any person who fails to comply with this Ordinance shall
have committed a civil infraction and may be ordered to pay a civil fine of not more than fifty
dollars ($50.00) for first the offense, one hundred and fifty dollars ($150.00) for the second
offense and five hundred ($500.00) for the third offense or any subsequent violation, and shall
be liable for the payment of the costs of prosecution in an amount of not less than nine dollars
($9.00) and not more than five hundred dollars ($500.00).

Each day that a violation continues to exist shall constitute a distinct and
separate offense, and shall make the violator liable for the imposition of a fine for each day.

The foregoing penalties shall be in addition to the abatement of the violating
condition and injunctive or other relief prescribed by the laws of the State of Michigan for the
abatement of a public nuisance or the violation of a Village Ordinance designated as a
municipal civil infraction.

The issuance of a citation shall not affect the right of the Village of Lakeview to
proceed under Section IV(a) of this Ordinance. After the issuance of a citation, actions by the
owner, occupant, or the Village of Lakeview to bring the property into compliance with this
Ordinance shall not constitute a defense to a prosecution for a violation of this Ordinance.

Section 4. Severability. The various parts, sections and clauses of this Ordinance are
declared to be severable. If any part, section or clause is found to be unlawful by a court of
competent jurisdiction the remainder of the Ordinance shall not be affected.

Section 5. Conflicting Ordinances. All Ordinances and parts of Ordinances in conflict with the
provisions of the Ordinances are hereby repealed insofar as the conflicting portions thereof are
concerned including, but not necessarily limited to, Village Ordinance No. 93-1.

Section 6. Publication. This Ordinance shall be published in a news paper of general
circulation within the boundary of the Village of Lakeview, Michigan and qualified under State
law to publish legal notices, promptly after its adoption, and the same shall be recorded in the
Ordinance Book of the Village and such recording authenticated by the Village President and
the Village Clerk.

Section 7. Effective Date. This Ordinance shall take effect twenty (20) days after its adoption
or upon its publication, whichever occurs first.

The foregoing Ordinance was offered by Village Councilmember Earhart, supported by Village
Councilmember Lobert, the vote being as follows:

Yeas: Winter, Earhart, Farrell, Lobert, Lund, Collard, Schottle

Nays: None

Absent: None

Ordinance No. 05-01 Declared Adopted.

We certify that the foregoing Ordinance was adopted by the Village Council during a regular
session at 7:30 PM on July 11, 2005.

Edwin Winter, Village President Wally J. Delamater, Village Clerk

I hereby certify the foregoing to be a true copy of an Ordinance adopted by the Village Council

of the Village of Lakeview, Montcalm County, at a regular meeting held on

July 11, 2005, at the Village offices, pursuant to the applicable sjiatutorxfeprocedures.