[HISTORY: Adopted by the County Commissioners of Allegany
County 7-25-2002 by Bill No. 4-02, effective 9-8-2002 (Ch. 160 of the 1984 Code). Amendments noted where applicable.]
This chapter is enacted for the purpose of defining and regulating
conditions which constitute a public nuisance, providing for progressive
enforcement of the provisions of this chapter, and designating penalties
for maintaining or creating a nuisance condition in the unincorporated
areas of Allegany County, Maryland, and the incorporated municipalities
of Barton and Lonaconing.
As used in this chapter, the following terms shall have the
meaning indicated:
To repair, replace, remove, destroy or otherwise remedy the
condition in question by such means and in such a manner and to such
an extent as the local enforcement official determines is necessary
in the interest of the public peace, safety, health and welfare of
the community.
Any operation devoted to the bona fide production of crops,
animals, or fowl; including, but not limited to, the production of
fruits and vegetables of all kinds; meat, dairy, poultry and fish
products; nuts, tobacco, nursery and floral products, and the production
and harvest of products from silviculture activity.
Includes lumber, plumbing materials, wall board, sheet metal,
plaster, siding, brick, cement, asphalt, concrete block, roofing material,
cans of paint and similar materials.
Three or more persons from different households.
The Director of Environmental Health or designee who has
the authority and responsibility to enforce the provisions of this
chapter.
Includes:
Any condition that may adversely affect the public health, such
as an unsanitary animal enclosure, an improperly functioning sewage
system, an excessive accumulation of trash or garbage, dead animals,
a contaminated water supply, an inadequately protected water supply,
and an accumulation of any material constituting a mosquito or vermin
harborage.
Any condition that may endanger health through the spreading
of the condition by any means, including by streams, surface drainage,
air currents, winged life, domestic animals, or human beings.
Open burning of unapproved materials, or open burning of materials
without a valid permit issued by the Allegany County Health Department.
Accumulation of manure, garbage or rubbish, except a compost
pile properly maintained so as not to affect the health or safety
of adjoining property;
Burning of refuse, sawdust, wood, leaves, stumps or other materials
in such a manner as to cause or permit dense smoke, noxious fumes,
ashes, soot or gases arising from such burning to become injurious
to the health, comfort or repose of any person or neighborhood; except
for normal emissions created during startup of a properly installed,
maintained and operated wood-burning or incineration device;
Practices or operations which engender fugitive dust, particulate
matter, gases, or noxious fumes to become injurious to the health,
comfort or repose of any person or neighborhood;
An accumulation of stagnant water providing harborage or breeding
areas for mosquito larvae;
Improper handling, storage, or disposal of any substance poisonous
or harmful to persons or animals;
The keeping, using or maintaining of any pen, stable, lot, place
or premises in which animals may be confined or kept, in such a manner
as to be noxious to any considerable number of persons, except for
bona fide agricultural or silvicultural uses;
Any noxious, foul, or putrid liquids or substances to be discharged,
placed or thrown upon or to flow from or out of any premises into,
or upon, any adjacent premises, stream or waterway, or any ditch or
public right-of-way;
Any other conditions which are determined by the local enforcement
official to be in violation of the standards and requirements of this
chapter and detrimental to the public safety, health and welfare.
A violation of the same regulation by the same person within
the immediately succeeding twelve-month period, or a failure to comply
with a voluntary consent agreement or an abatement order regarding
the initial violation within the stated time set forth in such a contract.
Any agent, property owner, tenant, or any other person occupying
or having charge or lawful control of any real property where a nuisance
condition is determined to exist.
In order to limit the circumstances under which agricultural
operations may be deemed to be a nuisance, especially when nonagricultural
land uses are initiated near existing agricultural operations, no
agricultural operation or any of its appurtenances shall be or become
a nuisance, private or public, if such operations are conducted in
accordance with existing best management practices and comply with
§ 5-403(c) of the Courts and Judicial Proceedings Article
of the Annotated Code of Maryland and local laws. The exemptions specified
in this section shall not apply whenever a nuisance results from the
negligent or improper operation of any agricultural operation or its
appurtenances, nor shall these exemptions supersede any restrictions
or requirements of farming operations set forth in other County regulations.
A.
If a violation of this chapter has been determined, the local enforcement
official shall write a letter to the responsible party stating the
following:
(1)
The name and address of the party responsible for the violation;
(2)
The street address or other description sufficient for identification
of the building, structure, premises, or land upon or within which
the nuisance has occurred or is occurring;
(3)
A description of the nuisance and a reference to the section which
has been violated; and
(4)
The necessary corrective action to be taken, and a date or time by
which correction must be completed.
B.
A responsible party may voluntarily abate a nuisance condition upon
consultation with the local enforcement official. An extension of
the time limit for correction or a modification of the required corrective
action by the local enforcement official may be granted if the responsible
party has shown due diligence and/or substantial progress in correcting
the violation, but unforeseen circumstances delay correction under
the original conditions.
A.
If a violation of this chapter persists despite efforts to gain voluntary
compliance, the Health Officer shall issue an order to abate the nuisance
which constitutes a violation of this chapter. The order to abate
shall contain the same information as the letter describing the violation,
a statement that administrative penalties will be assessed if the
violation is not corrected within a certain time, and notice of the
right to appeal.
B.
Any party who has received an order to abate from the Health Officer
or designee may request a hearing to modify the terms of the abatement
and enter into a formal voluntary consent agreement to correct the
violation. The voluntary consent agreement is a written contract between
the local enforcement official and the responsible party under which
such party agrees to abate the violation within a specified time and
according to specified conditions.
C.
Any party who has received an order to abate from the Health Officer
shall have the right to appeal. The aggrieved party shall submit a
request for a hearing, in writing, to the Health Officer of designee
within five days of the date of the order to abate the nuisance. The
appeal shall be heard by the Health Officer or designee within 10
days of the date of appeal. A decision by the Health Officer or designee
shall be rendered within five days of the date of the hearing. The
decision shall be in writing and delivered to all parties to the proceeding.
D.
If the terms of the voluntary consent agreement are not met, or the
Health Officer's order to abate a nuisance is disregarded, the
Health Officer shall assess administrative penalties against the responsible
party.
A.
In order to facilitate correction of violations of this chapter,
the Allegany County Commissioners grant the local enforcement official
the right to assess and collect the following administrative penalties:
B.
Payment of a monetary penalty pursuant to this section does not relieve
the party of the duty to correct the violation. Nothing in this chapter
shall relieve any owner or other responsible person of the obligation
of obtaining any required permit to do any work incidental to abatement.
C.
The monetary penalty constitutes a personal obligation of the responsible
party to whom the notice of assessment is directed. Any administrative
penalties assessed must be paid to the Allegany County Health Department
within 20 calendar days from the date of the issuance of the assessment
or a notice from the County that penalties are due. The County Attorney
is authorized to take appropriate action to collect the monetary penalty.
A.
In accordance with the provisions of the Annotated Code of Maryland,
Article 25B, § 13C, when the local enforcement official
determines that a violation of this chapter has occurred or is occurring,
and is unable to secure correction of conditions which constitute
a violation of this chapter through progressive enforcement measures,
the local enforcement official may issue a uniform civil citation
to the responsible party. The uniform civil citation shall follow
the procedures set forth in the guidelines issued by the District
Court of Maryland, and be issued on forms approved by the District
Court of Maryland.
(1)
The local enforcement official may issue a uniform civil citation without having attempted to secure voluntary correction as provided in § 400-4 under the following circumstances:
(2)
The local enforcement official shall serve the citation upon the
responsible party either personally or by mailing a copy of the notice
of citation by certified or registered mail, return receipt requested,
to such party at his or her last known address. If the person responsible
for the violation cannot be personally served within Allegany County
and if an address for mailed service cannot be ascertained, notice
shall be served by posting a copy of the citation conspicuously on
the affected property or structure.
(3)
A violation of any provision of this chapter shall constitute a Class
A civil violation according to the schedule of fines for civil infractions
of Allegany County (Resolution No. 98-13). All civil citations shall
be processed in accordance with Article 25B, § 13C, of the
Annotated Code of Maryland. Each violation under this chapter is a
separate offense, and a separate citation shall be issued for each
discrete violation. Each day that a violation exists is considered
a separate offense. Repeat violations for the same offense in a twelve-month
period will result in a doubling of all applicable fines and/or administrative
penalties.
B.
Repeated offenses, intentional willful violations, failure to remedy
a violation within a reasonable period of time, or a failure to comply
with any judicial decree or order, shall constitute a misdemeanor
and shall be punishable by imprisonment for not less than 30 days,
or by fine not to exceed $1,000; or both.
C.
The agency or any citizen may institute injunction, mandamus, or
any other appropriate action or proceeding at law or equity for the
enforcement of violations or to correct violations; and any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus, or other appropriate
forms of remedy or relief.
A.
The local enforcement official and the responsible party to whom
the civil citation was directed may participate as parties in the
hearing and each party may call witnesses.
B.
An appeal of a decision of the District Court may be made to a higher
court pursuant to then-current procedures.
C.
Fines paid to the County general fund shall be set aside for the
Environmental Health Division to be used for public outreach and education
efforts and any other purposes relating to the enforcement of the
provisions of this chapter. The payment of monetary penalties to the
court does not relieve the responsible party of an obligation to abate
a nuisance if the responsible party has been judged to be in violation
of this chapter.
A.
In all cases where the local enforcement official has determined
to proceed with abatement, including but not limited to absentee ownership,
immediate threat to public health, ignoring or failing to abide by
the terms stated in a consent agreement to abate a nuisance; with
permission of the Health Officer 10 days after giving notice the County
shall acquire jurisdiction to abate the condition at the responsible
party's expense as herein provided. Upon the abatement of the
condition or any portion thereof by the County, all the expenses thereof
shall constitute a civil debt owing to the County by such persons
who have been given notice as herein provided. The debt shall be collectible
in the same manner as any other civil debt owing to the County. The
County shall also have the right to file a lien against the real property
for all charges and expenses incurred in abating the nuisance. A notice
of the County's lien specifying the expenses incurred in abating
the nuisance and giving the legal description of the premises sought
to be charged shall be filed within 90 days from the date of the abatement.
B.
Whenever any condition on or use of property causes or reasonably
appears to cause or constitutes an imminent or immediate danger to
the health of the public or a significant portion thereof, the local
enforcement official shall have the authority to summarily and without
notice abate the same. The expenses of such abatement shall be collected
as provided in this chapter.
Allegany County shall have a lien for any monetary penalty imposed
and all other related costs, including administrative penalties, attorney
and expert witness fees, against the real property on which the monetary
penalty was imposed. The lien shall be subordinate to all previously
existing special assessment liens imposed on the same property and
shall be superior to all other liens, except for state and County
taxes, with which it shall be on a parity.
A.
The County Attorney shall cause a claim for lien to be filed for
record within 90 days from the later of the date that the monetary
penalty is due or the date the nuisance is abated.
B.
The claim of the lien shall contain sufficient information regarding
the notice of civil violation, a description of the property to be
charged with the lien and the owner of record, and the total amount
of the lien.
C.
Any such claim of lien shall be verified by the local enforcement
official, and may be amended from time to time to reflect changed
conditions.
D.
No such liens shall bind the affected property for a period longer
than three years without foreclosure or extension agreed to by the
property owner.
The provisions of this chapter are not exclusive and may be
used in addition to other enforcement provisions authorized by applicable
Allegany County Code Home Rule Articles, the Annotated Code of Maryland,
and/or Code of Maryland Regulations (COMAR).
