[Adopted 10-7-2008 (Ch. 11, Title 9, of the 2004 Code)]
[Amended 3-4-2014]
It is the intended purpose of the Mayor and Council of the Town of Smithsburg by the adoption of this article to impose on and collect from the owner of a property the costs incurred for police and law enforcement services which are over and above the costs of providing normal law enforcement services and police protection, if said excess costs are spent to abate a nuisance which has occurred or is maintained and permitted on the property. The collection of the costs for such excessive police services shall be by assessment against the property upon which the nuisance occurs, pursuant to the authority contained in Section 31-20 of the Town Charter, § 5-205 of the Local Government Article of the Annotated Code of Maryland and Chapter 343, Article II, of the Town Code authorizing the collection of municipal charges by assessment against a property. Any assessment pursuant to this article shall be in addition to and not in substitution of the enforcement of any other provisions of the Town Code or Maryland law.
As used in this article, the following terms shall have the meanings indicated:
BOARD
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 "Excessive Calls 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.
COMMERCIAL PROPERTY
Real property that is maintained, as least in part, for business or commercial purposes.
DEPARTMENT
The Smithsburg Police Department.
DISTURBANCE
Conduct consisting of any of the following:
A. 
Controlled dangerous substance or paraphernalia use, possession or sale;
B. 
Disorderly conduct;
C. 
Disturbing the peace;
D. 
Liquor law violations, public consumption or open container of alcohol;
E. 
Littering;
F. 
Loud noise compliant;
G. 
Loitering;
H. 
Prostitution;
I. 
Public urination or indecent exposure; or
J. 
Undesirable, intoxicated or suspicious person.
MULTIUNIT RESIDENTIAL PROPERTY
A property that is maintained, at least in part, as a residence or domicile. For purposes of this article, "multiunit residential property" shall not include a property that has fewer than four separate units intended for use for residential or domicile purposes, whether or not the same are actually so used.
NOTICE
Personal service to any owner or delivery 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 issued by the Town.
PROBATIONARY NUISANCE STATUS
Applies to any property where the occurrence or commission of behavior results in the following number of separate qualifying calls to said property within any six-month period:
[Amended 5-5-2015 by Ord. No. 2015-01]
Type of Property
Minimum No. of Qualifying Calls
Commercial property
10
Residential property
10
Multiunit residential property
10
PROPERTY
Any privately owned property within the corporate limits of the Town of Smithsburg. Any public or governmental property is specifically excluded.
QUALIFYING CALL
A sworn officer of the Department has been dispatched to, responds to, or otherwise comes upon a situation at a property as a result of certain conduct of the owner, tenant, occupant, guest, or other person present with the express or implied permission of the owner at or about said property and said conduct qualifies as a disturbance as defined herein.
RESIDENTIAL PROPERTY
A property that is maintained, at least in part, as a residence or domicile. For purposes of this article, a residential property shall not include a property that has four or more separate units intended for use for residential or domicile purposes, whether or not the same are actually so used, nor shall it include any commercial property as defined in this section.
Whenever a property located in the Town qualifies as a probationary nuisance status property pursuant to this article, the Town shall issue a written notice to any owner of said property advising the notice recipient of the following:
A. 
A description of the property sufficient to reasonably identify the premises.
B. 
An itemization of the date of all qualifying calls and a brief description of the related circumstances giving rise to the qualifying calls.
C. 
That the property has been placed on probationary nuisance status for the assessment of charges pursuant to this article for excessive police calls.
D. 
That the property will remain on probationary nuisance status for one year from the date of such notice.
E. 
That the assessment shall be in the amount of $100 for the first offense and a like amount for the second offense; subsequent offenses are subject to an increased assessment of no more than $750 per offense, subject to an minimum assessment of $100 per offense. Assessments shall increase at the rate of $50 per assessment after the second assessment. Assessments for each offense shall be imposed against the property for each qualifying call occurring at the property while the property is on probationary nuisance status. Any such assessment shall be payable by the owner(s) of said property, and the total of such outstanding assessments shall constitute a lien on the property to be collected as municipal real property taxes are collected.
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 probationary nuisance status, or to show cause why the total assessments for qualifying calls should be reduced.
The Department shall maintain a list of those properties on active probationary nuisance status by street address and property owner.
The Department shall issue against a property written notice of the assessments for each qualifying call occurring at the property while the property is on probationary nuisance status. Written notice of any such assessment shall be made to any owner of the property. Each qualifying call shall constitute a separate and distinct offense and shall give rise to a separate assessment. The total amount of the assessments may be collected in the same manner as municipal taxes are collected pursuant to other provisions of the Town Code or other Maryland law.
Any owner of property against which probationary nuisance status is noted 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 probationary nuisance 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 Department and must be accompanied by an appeal fee of $50. Failure to file such an appeal within the time frame required shall render the determination of the Department 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 probationary nuisance 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 probationary nuisance 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.