[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster 7-26-2004 by Ord. No. 719. Amendments
noted where applicable.]
For the purpose of this chapter, the following
definitions shall apply:
The City of Westminster.
The Code of the City of Westminster.
The Director of Planning, Zoning and Development or the Director's
designee.
[Amended 12-6-2007 by Ord. No. 773; 7-14-2008 by Ord. No. 784]
Any building arranged, designed or used in whole or part
to provide living facilities for one or more families. Dwelling shall
include boarding (lodging) and/or rooming houses. Dwelling shall also
include both the enclosed area within a dwelling, as well as the exterior
premises of the dwelling, within the boundary lines of any real property
on which the dwelling is located.
Any person who lives in or has possession of, or holds an
occupancy interest in a dwelling; or any person residing in or frequenting
the premises of the dwelling with the actual or implied permission
of the owner or lessee.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the dwelling; or recorded in official
governmental records as holding title to the dwelling; or otherwise
having control of the dwelling. including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of such property by a
court.
A “disorderly house nuisance” is
a dwelling as defined in this chapter where any of the following has
occurred within a three-hundred-sixty-five-day period:
A.
Two or more criminal arrests, criminal citations,
criminal indictments, criminal warrants, criminal summonses, civil
citations or civil summonses arising out of separate and distinct
facts and circumstances (as defined by the statutes of the State of
Maryland and/or the ordinances of the City or of Carroll County, Maryland)
which occur at a dwelling or on property in close proximity to a dwelling;
B.
Two or more violations of Article 2B of the Annotated
Code of Maryland relating to alcoholic beverages arising out of separate
and distinct facts and circumstances; or
D.
Two or more violations of Chapter 100 of the City Code relating to nuisances arising out of separate, and distinct facts and circumstances; or
E.
Two or more violations of Chapter 119 of the City Code relating to property maintenance arising out of separate, and distinct facts and circumstances; or
F.
Two or more violations of Chapter 164 of the City Code relating to zoning, arising out of separate, and distinct facts and circumstances; or
G.
A combination of two incidents from any of the above
categories, arising out of separate, and distinct facts and circumstances.
A.
No owner or occupant of any dwelling shall allow or
permit such dwelling to be or become a disorderly house nuisance.
B.
An owner and/or occupant, as the case may be, shall
be deemed to have allowed or permitted a dwelling to be or become
disorderly house nuisance, if:
(2)
Such acts were committed by invitees of the occupant
or owner; or
(3)
Such acts were committed by persons attending events,
or functions, sponsored, permitted or allowed by the occupant or owner;
or
(5)
The owner or occupant has been provided with the written notice of a disorderly house nuisance pursuant to § 68-4, below, the facts alleged therein are true, and the owner or occupant fails or refuses to enter into a nuisance abatement agreement or, after entering into such agreement, fails to comply with its terms.
A.
No person shall be prosecuted for a violation of § 68-3 until the Director shall serve such person with the notice provided herein, and the person has either failed or refused to enter into the nuisance abatement agreement provided for hereinafter or, after entering into such agreement, the person fails to comply with its provisions. Such notice may be served on any person by personal service or, in the case of an occupant, by restricted mail addressed to the address of the dwelling or, in the case of a nonoccupant owner, by restricted mail to his/her last known address or, if none, to the address to which any tax statement is sent to such owner for the dwelling, or by posting of the dwelling, either on the structure or at a location on the exterior premises, or by any other method of service reasonably calculated to give actual notice.
B.
Such notice shall contain, at a minimum the following:
(1)
That a disorderly house nuisance exists, as defined by § 68-2, at the location specified in the notice.
(2)
The date of the commission of the acts which constitute
the basis for the disorderly house nuisance, the name(s) of the person(s)
committing such acts, if known, and all other facts and circumstances
that the City relies upon to allege that such acts form the basis
for the disorderly house nuisance.
(3)
The date, time and place where the person is to appear,
and meet with the Director or the Director's designee, to participate
in the nuisance abatement conference.
At the nuisance abatement conference, the Director
and the owner and/or occupant shall discuss the facts constituting
the disorderly house nuisance and shall attempt to agree on specific
actions that the owner and/or occupant can take to abate said disorderly
house nuisance.
A.
At the conclusion of the nuisance abatement conference,
the Director shall submit to the owner and/or occupant a proposed
written nuisance abatement agreement. If at the conclusion of the
conference, the Director needs more time to draft said proposed agreement,
then a follow-up meeting shall be scheduled with the owner and/or
occupant, within 10 days of the initial conference, for submittal
and review of the completed proposed nuisance abatement agreement.
B.
Any nuisance abatement agreement under this chapter
shall include a list of specific actions and specific schedule of
deadlines for said actions to abate the disorderly house nuisance.
It may also include provisions for a periodic reassessment of the
agreement's effectiveness, and the procedure for a modification of
the agreement. A nuisance abatement agreement or any written modification
to said agreement may impose conditions or requirements on the owner
and/or occupant for a period of up to 24 months from the date the
original agreement is entered into by the owner and/or occupant and
the City. A nuisance abatement agreement or any modification may impose
one or more of the following conditions or requirements on the owner
and/or occupant:
(1)
Institution of eviction proceedings against identified
individual(s) from the dwelling in question.
(2)
Written notification from the owner and/or occupant
to an identified individual or individuals that they are prohibited
from entering onto the premises of the dwelling.
(3)
Utilization of written leases containing a provision
or provisions requiring eviction for criminal activity.
(4)
The completion of improvements upon the premises of
the dwelling which have the impact of mitigating crime including but
not limited to the erection of fences, installation of security devices
upon the entrances or increased lighting.
(5)
The posting of a cash bond in an amount determined by the Director reasonably necessary to ensure compliance with the specific conditions or requirements imposed by the nuisance abatement agreement, including, but not limited to, the completion of improvement under Subsection B(4).
[Added 7-14-2008 by Ord. No. 784[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection B(5) as Subsection B(6).
(6)
Any other reasonable condition or requirement designed
to abate the disorderly house nuisance.
C.
Once a proposed written nuisance abatement agreement
or written modification to nuisance abatement agreement has been submitted
to the owner and/or occupant, said owner and/or occupant shall have
48 hours to review it and enter into said agreement by signing it
and returning it to the Director.
The Director may commence prosecution alleging
a violation of this chapter under the following circumstances:
B.
The owner and/or occupant does not attend a nuisance
abatement conference with the Director within the time period described
previously; or
C.
The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in § 68-6C; or
D.
The owner and/or occupant subsequently fails or refuses
to comply with any conditions or requirements set forth in a nuisance
abatement agreement, including any prescribed deadlines for taking
particular actions.
[Amended 7-14-2008 by Ord. No. 784]
In addition to prosecution of the offenses defined in this chapter or to pursuing any other remedies available under this Code, the Director may prosecute an action for equitable relief, in the name of the City, to abate the nuisance, to forfeit the cash bond or a portion thereof which may be imposed under § 68-6B(5), and/or to enjoin any person who shall own, rent, or occupy the dwelling in question from using or permitting its use in violation of the provisions of this chapter.
A.
Any person who shall violate a provision of this chapter,
or fail to comply therewith, or with any of the requirements thereof,
shall be prosecuted within the limits provided by state or local laws.
Each day that a violation continues after due notice has been served
shall be deemed separate offense. In addition to other remedies, any
violation may be deemed a municipal infraction and prosecuted as such.
The penalty for violation shall be a fine of $400 for each offense,
which may be doubled in accordance with applicable law, and/or the
issuance of an abatement order.
B.
Upon a finding of guilt under this chapter, the court
may, in addition to other remedies permitted by law, impose any or
all of the following conditions:
(1)
The completion of improvements upon the premises of
the dwelling which have the impact of mitigating crime and criminal
activity, including but not limited to the erection of fences, installation
of security devices or increased lighting;
(2)
Requirement of a written lease for occupants which
includes provisions requiring eviction for criminal activity;
(3)
Submitting tenancy lists on a periodic basis to the
City.
(4)
Imposition of a period of court supervision with the
posting of a cash bond of no less than the minimum fine and up to
the amount of the maximum fine for the period of court supervision
in an interest-bearing account conditioned on successful completion
of the conditions imposed by the court under the court supervision
and failure to complete successfully shall result in forfeiture of
the bond to the City;
(6)
Any other condition reasonably related to the objective
of abating the disorderly house nuisance.
