For the purpose of this chapter, the following
definitions shall apply:
CITY
The City of Westminster.
CITY CODE
The Code of the City of Westminster.
DIRECTOR
The Director of Planning, Zoning and Development or the Director's
designee.
[Amended 12-6-2007 by Ord. No. 773; 7-14-2008 by Ord. No. 784]
DWELLING
Any building arranged, designed or used in whole or part
to provide living facilities for one or more families. Dwelling shall
include boarding (lodging) and/or rooming houses. Dwelling shall also
include both the enclosed area within a dwelling, as well as the exterior
premises of the dwelling, within the boundary lines of any real property
on which the dwelling is located.
OCCUPANT
Any person who lives in or has possession of, or holds an
occupancy interest in a dwelling; or any person residing in or frequenting
the premises of the dwelling with the actual or implied permission
of the owner or lessee.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the dwelling; or recorded in official
governmental records as holding title to the dwelling; or otherwise
having control of the dwelling. including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of such property by a
court.
A “disorderly house nuisance” is
a dwelling as defined in this chapter where any of the following has
occurred within a three-hundred-sixty-five-day period:
A. Two or more criminal arrests, criminal citations,
criminal indictments, criminal warrants, criminal summonses, civil
citations or civil summonses arising out of separate and distinct
facts and circumstances (as defined by the statutes of the State of
Maryland and/or the ordinances of the City or of Carroll County, Maryland)
which occur at a dwelling or on property in close proximity to a dwelling;
B. Two or more violations of Article 2B of the Annotated
Code of Maryland relating to alcoholic beverages arising out of separate
and distinct facts and circumstances; or
C. Two or more violations of Chapter
48 of the City Code and/or Animal Control Ordinance 26 of Carroll County, Maryland, relating to animals and fowl arising out of separate,
and distinct facts and circumstances; or
D. Two or more violations of Chapter
100 of the City Code relating to nuisances arising out of separate, and distinct facts and circumstances; or
E. Two or more violations of Chapter
119 of the City Code relating to property maintenance arising out of separate, and distinct facts and circumstances; or
F. Two or more violations of Chapter
164 of the City Code relating to zoning, arising out of separate, and distinct facts and circumstances; or
G. A combination of two incidents from any of the above
categories, arising out of separate, and distinct facts and circumstances.
At the nuisance abatement conference, the Director
and the owner and/or occupant shall discuss the facts constituting
the disorderly house nuisance and shall attempt to agree on specific
actions that the owner and/or occupant can take to abate said disorderly
house nuisance.
The Director may commence prosecution alleging
a violation of this chapter under the following circumstances:
A. The owner and/or occupant commits a violation described in §
68-3 of this chapter; or
B. The owner and/or occupant does not attend a nuisance
abatement conference with the Director within the time period described
previously; or
C. The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in §
68-6C; or
D. The owner and/or occupant subsequently fails or refuses
to comply with any conditions or requirements set forth in a nuisance
abatement agreement, including any prescribed deadlines for taking
particular actions.
[Amended 7-14-2008 by Ord. No. 784]
In addition to prosecution of the offenses defined in this chapter or to pursuing any other remedies available under this Code, the Director may prosecute an action for equitable relief, in the name of the City, to abate the nuisance, to forfeit the cash bond or a portion thereof which may be imposed under §
68-6B(5), and/or to enjoin any person who shall own, rent, or occupy the dwelling in question from using or permitting its use in violation of the provisions of this chapter.