[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 12-18-2001 by Ord. No. 2001-45. Amendments noted
where applicable.]
[Amended 2-23-2016 by Ord. No. O-16-03]
This chapter shall be known and may be cited
as the "City of Hagerstown Habitual Offender Ordinance."
It is hereby declared and ordained by the Mayor
and Council of the City of Hagerstown to be the public policy of the
City to preserve, protect, and improve property maintenance standards
and 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 or tend to cause substantial diminution in the
value of properties in the City.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who shall pay a fine after receipt of a citation, or who shall be convicted of or have judgment entered against him or her for violations of the following chapters of the City Code, or any combination thereof, for three or more separate and distinct violations occurring during a twenty-four-month period shall be considered a habitual offender. The chapters of the City Code which apply toward habitual offender status are Chapter 64, Property Maintenance, Chapter 140, Land Management Code, Chapter 185, Nuisance Abatement, Chapter 197, Rental Facilities, Chapter 232, Vacant Nonresidential Structures, and Chapter 233, Vacant Residential Structures.
[Amended 2-23-2016 by Ord. No. O-16-03]
Any individual, partnership, firm, corporation, association
or other legal entity of whatsoever kind and nature. The person shall
include the owner(s), tenant(s), lessee(s), occupant(s) and/or person(s)
in charge of or using the property.
A lot, plot or parcel of land, including any structures thereon
and the public sidewalk or public way abutting such lot, plot or parcel.
[Added 2-23-2016 by Ord.
No. O-16-03]
A.
It shall be unlawful for any person considered a habitual offender under this chapter to own, use or occupy any premises regulated by Chapter 64, 140, 185, 197, 232, or 233 of the Code of the City of Hagerstown in conflict with or in violation of the provisions contained therein.
[Amended 2-23-2016 by Ord. No. O-16-03]
B.
Any person who shall violate the provisions of this
chapter shall be guilty of a misdemeanor and upon conviction shall
be punished by a fine not exceeding $1,000 or imprisonment not exceeding
90 days in the County Jail, or by both fine and imprisonment, in the
discretion of the court.
