Town of Smithsburg, MD Article III Nuisance Abatement

[Adopted 3-5-2013]

§ 271-12 Title.

This article shall be known and may be cited as the "Town of Smithsburg Nuisance Abatement Ordinance."

§ 271-13 Declaration of policy.

It is hereby declared and ordained by the Mayor and Council of the Town of Smithsburg to be the public policy of the Town to preserve, protect, and improve the aesthetic nature of the community and to prevent and prohibit conditions existing which shall be detrimental to the property of others or which cause substantial diminution in the value of properties in the Town.

§ 271-14 Definitions.

As used in this article, the following terms shall have the meanings indicated:

NUISANCE

Any condition or use of a premises or property which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of property in the neighborhood in which such premises is located. For purposes of this article, such a condition includes, but is not limited to, uncontrolled weeds, grasses or other vegetation (hereafter referred to as "weeds") on the premises and the keeping, maintaining or depositing on or scattering over the premises of any trash, debris, rubbish, garbage, weed cuttings, furniture, appliances, construction materials, tires, or other similar material.

PERSON

Any individual, partnership, firm, corporation, association or other legal entity of whatsoever kind and nature. "Person" shall include the owner(s), tenant(s), lessee(s), occupant(s) and/or person(s) in charge of or using the subject property.

§ 271-15 Prohibited acts.

A. No person owning, occupying, using or having charge of any premises or property within the Town of Smithsburg shall maintain or keep any nuisance thereon, as defined herein, nor shall any person allow any weeds to grow unchecked on any such premises or allow weed cuttings, trash, debris, rubbish, garbage, furniture, appliances, building materials, tires, or other similar material to be maintained, kept, deposited or scattered over the premises or property.

B. No person shall fail to remove from such premises or property any weeds, weed cuttings, trash, debris, rubbish, garbage, furniture, appliances, building materials, tires, or other similar material after having the premises posted to do so as provided in this article.

§ 271-16 Notice to abate; effects of noncompliance.

A. Weeds. In the event that any person allows a nuisance to exist on any premises or property that consists of uncontrolled weeds, grasses, vegetation or weed cuttings, said person shall have five days from the posting of a notice from a Town official or other duly authorized agent to abate said nuisance.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Nonweed nuisances. In the event that any person allows a nuisance to exist on any premises or property other than a nuisance as described in Subsection A, said person shall have seven days from the posting of a notice from a Town official or other duly authorized agent to abate said nuisance.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. In the event that a nuisance is not abated within the time required in the notice, the person shall be in violation of this article.

D. In the event that a nuisance is not abated within the time required in the notice, the Town shall have the authority at any time thereafter, within the discretion of the Town officials or other duly authorized representatives, to cause the violation to be abated. All costs for any such abatement, plus reasonable administrative fees, shall be the responsibility of the person notified under this section. Said person shall be provided a prompt billing notice of all reasonable charges, plus reasonable administrative fees, incurred in connection with the abatement. Payment for said charges and fees shall be due in full from said person within 30 days of the date the billing notice was mailed. Failure to remit payment in full may result in collection pursuant to Chapter 343, Article II, Tax Liens, of the Town Code, or by other civil proceeding. The right to abate contained herein, and the associated charges and fees, shall be in addition to any other penalties to which said person may be subject.

§ 271-17 Summary abatement.

Upon the determination by a Town official or other duly authorized representative thereof that a nuisance as defined by this article exists and that said nuisance poses an immediate threat to the health and safety of the public, the Town official or other duly authorized representative may order that the violation be summarily abated. Prior to any summary abatement, the premises shall be posted with a notice that a violation exists and a demand that said violation be abated within 24 hours. Failure of the owner, occupant, user or person having charge of the premises or property to abate the violation within 24 hours shall result in the violation being abated by the Town and charges and fees being assessed against the person notified in accordance with § 271-16D.

§ 271-18 Violations and penalties.

In addition to the abatement charges and fees described herein, if any person allows a nuisance as defined in this article to exist, or shall fail to abate any said nuisance after proper notice, such person shall, upon conviction thereof, be guilty of an infraction and shall be fined $50 for a first offense. For a second conviction hereof within one calendar year, such person shall be fined $100. For a third or subsequent conviction hereof within one calendar year, such a person shall be fined $250. A separate offense shall be deemed committed on each day during or on which said nuisance is permitted to exist.