[Adopted 2-3-2004 as Ch. 11, Title 1, of the 2004 Code]
As used in this article, the following terms shall have the
meanings indicated:
A three-member panel consisting of two members each representing
and appointed by the Mayor with the approval of the Council, plus
one ex officio member. The members shall be the Zoning Administrator,
ex officio, one Councilperson and one member who is a citizen of the
Town, plus one alternate member who is a citizen of the Town. The
panel shall be known as the "Administrative Appeals Board" (hereinafter
the "Board"). The term of the members of the Board who are not ex
officio members shall be three years, with the first such terms ending
on October 1, 2011, or, in case of the Councilperson, when that person's
Council term expires, whichever first occurs.
Personal service to any owner or mailing by first-class mail
to any owner and posting of the subject property. The effective date
of such notice shall be the date the notice is personally served or
when the notice is mailed and the property posted, whichever first
occurs.
Any individual, corporation of any kind whatsoever, whether
profit or nonprofit, partnership, business association or other legal
entity of any type.[1]
[1]
Editor's Note: The original definitions of "sound-amplifying equipment" and "sound truck," which immediately followed this definition, and original § 11-1102, Noxious conditions, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A.
It shall be unlawful for any person or persons to cast, place or
lay, or cause to be cast, placed or laid, any rubbish, ashes, filth,
shavings, stable manure, firewood, coals, or offal from the business,
trade or occupation of said person in or upon any street, lane or
alley in any manner so as to obstruct said street, lane, or alley,
except in the immediate act of moving or removing some article in
the way of his, her or their trade or business or for the use of his
family. The provisions of this section shall not apply to sidewalks
or footways, but only to driveways.
B.
It shall be unlawful for any person or persons, except by written
permission from the Mayor and Council, to obstruct any of the footways
or sidewalks by placing there any boxes, barrels, goods, wares, merchandise,
or any other item in the way of his, her or their trade or business,
or for the use of his, her or their family, except in the immediate
act of moving or removing merchandise, provided that all merchants
must leave four feet of the sidewalk or footways in front of their
places of business clear for the use of the public.
C.
Any person violating or failing to comply with the provisions of
this section shall, upon conviction before the appropriate officials,
be punished by a fine of not less than $10 nor more than $50, and,
upon failure or refusal of the person convicted thereof to pay such
fine, said person shall be committed to the Washington County Detention
Center for a term not exceeding 30 days or until such fine and costs
have been paid in full, whichever occurs first.[1]
A.
Control of weeds, grasses and vegetation.
(1)
Height limits.
(a)
No person shall permit any growth of weeds, grasses, or brush
in excess of a height of 12 inches to remain on any lot or parcel
of real estate located within the corporate limits. This provision
shall not be applicable to any areas located within the corporate
limits which are being actually utilized for agricultural purposes,
other than lying fallow. This section shall be applicable to land
lying fallow within the corporate limits even if the same is included
within any state, federal, or county land bank or other agricultural
program.
(b)
No person shall permit any growth of weeds, grasses or brush,
excluding crops, to the height of 12 inches or over to remain within
an area extending between the curbline of any street, lane, way, alley
or highway and the boundary line of said adjacent parcel of real estate
owned or controlled by said person within the corporate limits of
the Town.
(2)
Responsibility.
(a)
In the event that any owner of real estate, lots of ground or
parcels of land, or the person in charge or possession thereof, shall
refuse, fail or neglect for any reason whatsoever to cut and remove
weeds, grasses or brush within the boundaries of such lots or parcels
of real estate as required by this section within five days after
the giving of notice thereof by the Town to the property owner as
listed on the records of the Maryland State Department of Assessments
and Taxation, then the same may be performed by a person employed
to do so on behalf of the Town by the Town Clerk-Treasurer or such
other officer as may be designated by the Mayor and Council to employ
such person.
(b)
In the event that it is necessary to enter any enclosure in
order to perform the services necessary to abate the conditions in
violation of this section, the person(s) authorized to perform the
abatement of the nuisance may perform all reasonable acts necessary
in order to enter that enclosure for the sole purpose of performing
that abatement. In the event that the enclosure is secured by a lock
or locks, the assistance of the Town's police force shall be
secured in gaining entry into the enclosure. The enclosure shall be
closed in the same general manner after completion of abatement of
the nuisance as it was closed prior to abatement.[1]
(3)
Cost. A statement of account for the actual or established cost of
clearing and removing weeds, grasses and brush, as provided for herein,
shall be presented to the Town Clerk-Treasurer, who shall cause the
date of such presentation and the amount thereof to be recorded among
the records of real property taxes assessed against that particular
parcel or lot of real estate. The cost may include any replacement
locks, extra keys thereto, or other materials reasonably necessary
to secure any enclosures which had to be opened in order to abate
the nuisance.
(4)
Debt of owner. The amount of the cost of clearing and removing weeds,
grass and brush, etc., as provided for in this section shall be a
debt due, payable and owing by the owner of the lot or parcel of real
estate in question immediately upon presentation of the statement
for the cost to the Town Clerk-Treasurer. All such costs shall become
a lien upon the lot or parcels of real estate in question upon such
presentation as additional Town real estate taxes.
(5)
Penalties. The violation of the provisions of this section shall be considered an infraction. In addition to the other remedies provided for herein, any person convicted of violating the provisions of Subsection A(1) of this section is subject to a fine of $50 for a first offense. For a second offense within a calendar year of the first offense, the fine shall be $100. For a third or subsequent offense within a calendar year of the first offense, the fine shall be $250. Each day of violation shall constitute and be a separate offense.
[Amended 3-5-2013]
B.
Notice of enhanced penalty status.
(1)
Following the correction of the first violation of this section within
a fiscal year relative to a specific lot or parcel of real estate,
the Town may mail to the property owner a notice of enhanced penalty
status.
(2)
The notice of enhanced penalty status shall include:
(a)
A description of the property sufficient to reasonably identify
the premises.
(b)
The approximate date or dates involved in the first violation
of this section.
(c)
That the property has been placed on enhanced penalty status
for the assessment of charges pursuant to this subsection for the
growth of weeds, grasses or brush in violation of this section for
the balance of the current fiscal year.[2]
(d)
That the property will remain on enhanced penalty status until
the next June 30.
(e)
That if additional notices of violation of this section are
issued during the balance of the current fiscal year, in addition
to the cost of clearing and removing the weeds, grasses or brush,
there will be an additional assessment in the amount of $100 for the
next additional offense, with subsequent offenses subject to an increased
additional assessment of no more than $750 per offense, subject to
a minimum additional assessment of $150 per offense. Additional assessments
shall increase at the rate of $50 per assessment after the first assessment.
Assessments for each offense shall be imposed against the property
for each additional violation notice to the property owner while the
property is on enhanced penalty status. Any such assessment shall
be payable by the owner(s) of said property, and the total of such
outstanding additional assessments shall constitute a lien on the
property to be collected as municipal real property taxes are collected.[3]
(f)
That any affected owner shall have the right to appeal to the
Board in writing to contest the notice, to show cause why the property
should not be in enhanced penalty status, or to show cause why the
total additional assessments for additional violation notices should
be reduced.
A.
Removal of snow and ice.
(1)
Accumulation of snow or ice prohibited.
(a)
It shall be unlawful for any owner of real property, or the
owner's agents, to allow snow or ice to remain on the public
sidewalk area within the deeded area of that real property for more
than 24 hours after the precipitation creating the snow or ice conditions
has ceased.
(b)
It shall be unlawful for any owner of real property, or the
owner's agents, to allow snow or ice to remain on a sidewalk
area within the area extending between the curbline of any street,
lane, way, alley or highway and the boundary line of said adjacent
parcel of real estate owned or controlled by said owner, or the owner's
agents, within the corporate limits of the Town for more than 24 hours
after the precipitation creating the snow or ice conditions has ceased.
(c)
In lieu of removal of the accumulation of snow and ice, at such
time as the removal of that accumulation is difficult to perform due
to persistent subfreezing temperatures, a property owner may cause
suitable abrasives to be applied to the sidewalk area in order to
facilitate the safe movement of pedestrians thereon until such time
as that removal may be reasonably performed, at which time the accumulation
shall be removed.
(2)
Responsibility. In the event that any owner of real estate, lots
of ground or parcels of land, or the person in charge or possession
thereof, shall refuse, fail or neglect for any reason whatsoever to
clear snow or ice from the sidewalks within and abutting the boundaries
of such lots or parcels of real estate as required by this section,
or to apply suitable abrasives to be followed by timely removal of
the accumulation, within one day after the giving of notice thereof
by the Town to the property owner as listed on the records of the
Maryland State Department of Assessments and Taxation, then the same
may be performed by a person employed to do so on behalf of the Town
by the Town Clerk-Treasurer or such other officer as may be designated
by the Mayor and Council to employ such person.
(3)
Cost. A statement of account for the actual or established cost of
clearing and removing snow and ice, and/or for abrasive application,
as provided for herein shall be presented to the Town Clerk-Treasurer,
who shall cause the date of such presentation and the amount thereof
to be recorded among the records of real property taxes assessed against
that particular parcel or lot of real estate.
(4)
Debt of owner. The amount of the cost of clearing and removing snow
and ice, and/or abrasive application, as provided for in this section
shall be a debt due, payable and owing by the owner of the lot or
parcel of real estate in question immediately upon presentation of
the statement for the cost to the Town Clerk-Treasurer. All such costs
shall become a lien upon the lot or parcel of real estate in question
upon such presentation as additional Town real estate taxes.
(5)
Penalties. The violation of the provisions of this section shall be considered a misdemeanor. In addition to the other remedies provided for herein, any person convicted of violating the provisions of this Subsection A of this section is subject to a fine of not less than $10 nor more than $50 for each offense. Each day of violation shall constitute and be a separate offense.
B.
Notice of enhanced penalty status.
(1)
Following the correction of the first violation of this section within
a fiscal year relative to a specific lot or parcel of real estate,
the Town may mail to the property owner a notice of enhanced penalty
status.
(2)
The notice of enhanced penalty status shall include:
(a)
A description of the property sufficient to reasonably identify
the premises.
(b)
The approximate date or dates involved in the first violation
of this section.
(c)
That the property has been placed on enhanced penalty status
for the assessment of charges pursuant to this subsection for the
accumulation of snow or ice in violation of this section for the balance
of the current fiscal year.
(d)
That the property will remain on enhanced penalty status until
the next June 30.
(e)
That if additional notices of violation of this section are
issued during the balance of the current fiscal year, in addition
to the cost of clearing and removing the snow or ice, there will be
an additional assessment in the amount of $100 for the next additional
offense, with subsequent offenses subject to an increased additional
assessment of no more than $750 per offense, subject to a minimum
additional assessment of $150 per offense. Additional assessments
shall increase at the rate of $50 per assessment after the first assessment.
Assessments for each offense shall be imposed against the property
for each additional violation notice to the property owner while the
property is on enhanced penalty status. Any such assessment shall
be payable by the owner(s) of said property, and the total of such
outstanding additional assessments shall constitute a lien on the
property to be collected as municipal real property taxes are collected.
[Amended 3-4-2014]
Any owner of property against which enhanced penalty status
is established or against which an assessment is made pursuant to
this article shall have 30 days from the date upon which notice is
issued to file an appeal in writing with the Board stating why the
enhanced penalty status or the assessment is invalid or incorrect,
in whole or in part, or requesting that an assessment be reduced for
good cause shown. The appeal shall be filed on a form provided by
the Town and must be accompanied by an appeal fee of $50. Failure
to file such an appeal within the time frame required shall render
the status determination or assessment final. Except as hereinafter
provided, upon a proper and timely appeal, the Board shall schedule
the matter for a hearing within 45 days of the filing of the appeal.
In case of an appeal requesting that an assessment be reduced for
good cause shown, the Board, with the written consent of the owner
to a rescheduling, may reschedule the hearing for such time as the
Board determines is reasonably necessary to enable the owner to demonstrate
good cause, or the Board may reserve that issue for determination
at a later hearing. The appellant shall be entitled to present evidence
to the Board at such hearing(s) and shall have the burden of proving
that the enhanced penalty status and/or the monetary assessment is
invalid or incorrect, in whole or in part, or should be reduced for
good cause shown. Following the conclusion of the hearing and its
deliberations, the Board shall issue a final written decision on the
validity of the enhanced penalty status and/or monetary assessment,
including such order which may allow a reduction in the monetary assessment
for good cause shown. Any aggrieved party may appeal any final decision
of the Board to the Circuit Court for Washington County, Maryland,
within 30 days after the date upon which that final written decision
is issued.
