[HISTORY: Adopted by the Mayor and Council of the Town of Hampstead 1-18-1982 by Ord.
No. 184. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person in possession or occupancy of any property, including
tenants under any form of lease.
A person with any ownership interest in property other than a remainder
interest. "Owner" includes the owner of a condominium unit with respect to
common elements and includes any type of homeowner's association with respect
to space under its control.
Any adult individual or any corporation, partnership, joint venture
or other entity.
The presence of weeds, grass or plants in the Town of Hampstead, other
than trees, flowers, ornamental shrubs and bushes and agricultural plants,
in excess of 12 inches in height is hereby found and declared to be a nuisance
and detrimental to the health, safety, comfort and general welfare of the
citizens of the Town.
No person who is the owner or occupant of any property within the corporate
limits shall permit any weeds, grass or plants, other than trees, flowers,
ornamental shrubs and bushes and agricultural plants, to grow to or remain
on such property in excess of 12 inches height.
Every such owner and occupant shall cause such weeds, grass and plants to be trimmed or cut at least twice a year, once on or before June 15 and once on or before August 15, and at such other times as may be necessary in order to comply at all times with the provisions of § 47-3.
A.
When any condition exists on any such property which violates § 47-3, it shall be lawful for the Town Manager or such other person as may be designated by the Mayor and Council to give written notice to comply with said section within seven days of the date of such notice. Such notice may be delivered personally to the owner and/or the occupant or sent by registered or certified mail, and if mailed to any owner, the owner's address as shown on the tax rolls shall be deemed to be correct. Any postal receipt for the mailing of such notice shall create a prima facie presumption that the notice was received in due course.
[Amended 3-15-1993 by Ord.
No. 238]
B.
If such notice is given and neither the owner nor the occupant complies therewith, the Town may immediately cause such weeds, grass and plants to be cut, trimmed, burned or otherwise removed. Any burning hereunder shall be under the immediate supervision and control of the Hampstead Volunteer Fire Company. Once written notice has been provided of a violation of this chapter, any further violations on the property during the same growing season shall be subject to immediate enforcement without the written notice required in § 47-5A.
[Amended 11-11-2003 by Ord. No. 380]
C.
If the Town proceeds to act under Subsections A and B of this section, the general administrative expense of inspection, issuing notice and performing work under Subsection B will require a charge of $50 per property which is hereby declared and established to be a cost of such work. Said sum, together with any additional costs actually incurred in excess thereof, as certified by the Town Manager, shall constitute a lien against the property and may be collected in the same manner as Town taxes are collected. In addition, the Town Attorney is authorized to institute a civil suit against the owner and/or occupant for recovery of such costs.
[Amended 3-15-1993 by Ord.
No. 238]
Where property is not occupied solely by the owner, the obligations
under this chapter are imposed jointly and severally against the owner and
the occupant. Failure of either to comply with this chapter shall not relieve
the other of compliance regardless of any agreement between them to the contrary.
If there is more than one owner or more than one occupant, each owner and
each occupant is jointly and severally subject to the terms of this chapter.
[Amended 2-16-1993 by Ord.
No. 231; 3-15-1993 by Ord.
No. 238; 11-11-2003 by Ord. No. 380]
Any person violating the provisions of this chapter shall be guilty of a municipal infraction and shall be subject to a fine of not to exceed $100. The fines are in addition to liability for cost under § 47-5 hereof.
