[Adopted 3-5-2013]
This article shall be known and may be cited as the "Town of
Smithsburg Nuisance Abatement Ordinance."
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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]
B.
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.
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.
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.