[Adopted 5-19-1964 by Ord. No. 19; amended in its entirety 6-13-1990 by Bill No.
1990-12]
The following specific acts, deeds or conditions
shall constitute a nuisance within the meaning of this article:
A.
The deposit or accumulation of any foul, decaying or abandoned putrescent substance or garbage or trash or rubbish, as defined in § 160-6B of the Wicomico County Code, or other offensive matter in or upon any property, street or highway.
[Amended 11-16-2004 by Bill No. 2004-7]
B.
The overflow of any foul liquids or sewage or the
escape of any sewer or sewage gas from any privy, cesspool, seepage
pit, septic tank, subsurface tile field or any type of sewage system
which is not connected to a municipal sewage system.
C.
Any open cesspool and any type of sewage system not
properly maintained which could constitute a danger to health and/or
safety.
D.
The disposal or accumulation of dead or dying animals,
including but not limited to chickens, hogs, horses, cows, sheep,
dogs or cats or any fowl, unless the method of removal and disposal
is in accordance with state and county requirements.
[Amended 11-16-2004 by Bill No. 2004-7]
E.
Allowing any plumbing fixture in any location, whether
public or privately owned, to be maintained in an unsanitary condition.
F.
The accumulation of manure, human feces, garbage or
any form of filth that has not been so treated as to act as a repellent
to flies or which creates offensive odors. The presence of fly eggs,
maggots or flies will be sufficient evidence that such accumulation
has not been properly treated.
G.
A polluted well or spring or the pollution of any
well or spring used as a potable water supply.
H.
Any premises that are not provided with a suitable
toilet or sanitary privy for all persons working or living therein.
I.
The conveying of garbage, swill, refuse, dead animals,
dead fowl or other filthy matter in a manner not approved by the appropriate
enforcement officers through any street or any highway, public or
private.
[Amended 11-16-2004 by Bill No. 2004-7]
J.
No garbage, offal or other decaying or putrescible
matter, either by itself or in connection with ashes or other harmless
matter, shall be used for the purpose of filling in any lot or other
space.
K.
Permitting the presence of rats and rodents and allowing
conditions that would permit property to become a rat or rodent harborage.
L.
Maintenance of such poor housekeeping within any building
(commercial or residential) that the health of the owner, any occupant,
employees or neighbors is or can be endangered.
M.
Maintenance of any such condition which does or could
endanger the health of humans through the spreading of such nuisance
by streams, surface drainage, air currents, winged life, domestic
animals, humans or any other means.
N.
Any building or structure that is in a severe state
of disrepair or abandonment, which is in danger of collapse or which
is partially burned or a potential danger to the health and/or safety
of anyone who would enter the building, as may be determined by the
Housing Official or Building Official.
[Amended 11-16-2004 by Bill No. 2004-7]
O.
The existence of any pit or open hole as a result
of abandonment of a septic tank, cesspool, seepage pit or other excavation
work, which could constitute a danger to health and/or safety.
P.
Abandoned refrigerators, freezers or other appliances
that have external latching devices which could constitute a danger
to health and/or safety.
Q.
The following acts, deeds and conditions in and upon
all developed and vacant lots within a recorded subdivision, mobile
home park or an apartment project and any portion of any unsubdivided
parcel, tract or lot within 200 feet thereof and abutting thereon
not used for agricultural or forestry purposes are public nuisances:
(1)
Allowing the uncontrolled growing of weeds higher
than 10 inches, provided that, after any cutting required by this
article, the remaining stubble shall be no higher than six inches.
[Amended 7-19-2005 by Bill No. 2005-8]
(2)
The open-lot, not-screened-from-view storage of one
or more refrigerators, freezers, appliances or other equipment which
could constitute a danger to health and/or safety.
(3)
The open-lot, not-screened-from-view deposit or accumulation
of construction materials or other matter, provided that this provision
shall not apply where a building permit is currently in full force
and effect.
R.
Any act, deed, condition, building, trade establishment
or manufacturing place which an enforcement official finds, after
investigation, to be injurious to the life, health or safety of any
person.
[Amended 11-16-2004 by Bill No. 2004-7]
A.
The properly designated agent of Wicomico County shall
give written notice in accordance with this section to the occupier
of the premises on which a nuisance arises or exists. Should the occupier
of any such premises be a person, firm, corporation or entity other
than the owner, then said notice shall be given to both the owner
and occupier. Should the premises be unoccupied, the notice shall
be given to the owner. Should the premises be unoccupied and the owner
cannot be found, notice shall be posted on the property where the
nuisance exists.
B.
The notice shall contain the following:
(1)
A brief description of the property containing the
nuisance;
(2)
The nature of the nuisance for which action is required
and the action required to abate such nuisance;
(3)
A statement requiring abatement of said nuisance within
the time specified within the notice, but in no event more than seven
days;
(4)
Certification of the enforcing official attesting
to the truth of the matters set forth.
C.
Abatement of nuisance.
(1)
In investigating any complaint, the properly designated
agent of the county may enter upon property on which a nuisance is
alleged to exist at all reasonable times and in a reasonable manner
for the purpose of inspecting the premises to determine if a nuisance
does, in fact, exist.
(2)
If the owners or occupants fail to correct or cause
to be corrected or to maintain the property, as required in the notice,
the county is hereby authorized to enter upon the aforesaid property
and perform or have performed the necessary removal, maintenance or
repairs or take any other means necessary to correct the nuisance
violations on the property.
D.
The notice may be served by posting on the property
and mailing the same to the occupier and/or owner of the premises
whereon such nuisance may exist, or said notice may be served personally
upon such owner and/or occupant.
[Amended 10-17-2006 by Bill No. 2006-11]
A.
Any person, firm, corporation or entity on whom a
notice to abate a nuisance has been served in accordance with this
article and who refuses or neglects to comply with any of the requirements
thereof within the time specified in such notice shall be guilty of
a civil infraction and shall be subject to a fine of not less than
$100 nor more than $1,000. Each day that such nuisance shall be permitted
to exist after the expiration of the time limit in said notice shall
be deemed a separate and additional offense.
C.
Assessment of lien.
(1)
In the event that the county is required to abate
or correct the nuisance as provided herein, the cost of such abatement
or correction shall be assessed to the owner(s) of the land on which
the nuisance existed, as well as all subjects of the civil infraction
citation. The cost of abatement or correction shall include all actual
costs incurred by the county, including but not limited to the costs
of all material and labor and any applicable penalties.
(2)
If unpaid, all said costs and applicable penalties
assessed shall become a lien against the property and shall be collected
in the same manner as real estate taxes by the county.
(3)
In addition to the filing of a tax lien, the county
may institute any other legal proceedings to collect the costs incurred
by the county to correct any nuisances and applicable penalties.
If any provision of this article or the application
thereof to any person or entity or circumstances is held invalid by
a court of competent jurisdiction, the remainder of this article and
the application of such provisions to persons or entities or circumstances
other than those as to which it is held invalid shall not be affected
thereby. The powers conferred by this article shall be in addition
and supplemental to the powers conferred by any other law.
[Added 6-13-1991 by Bill No. 1991-8]
A.
ABANDONED VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
ENCLOSED
INOPERABLE CONDITION
OCCUPANT OF REAL PROPERTY
OWNER OF REAL PROPERTY
OWNER OF VEHICLE
PERSON
VEHICLE
Definitions. In general, the following words have
the meanings indicated below:
Any vehicle:
That is inoperable and left unattended on county
property or roads for more than 48 hours.
That has remained illegally on public property
for more than 48 hours.
Left on public property without displaying currently
valid motor vehicle registration plates where applicable.
Left on private property without the consent
of said real property owner for more than 48 hours.
Stored, parked or left on private property in
an inoperable condition or without displaying currently valid motor
vehicle registration plates where applicable for more than 30 days.
Which is not displaying currently valid motor
vehicle registration plates and is in either a rusted, wrecked, dismantled,
partly dismantled or inoperable condition.
Situated within a building or a structure or solid fence
at least six feet in height so that view of said vehicle is blocked
from adjoining properties and public streets.
[Amended 6-29-1999 by Bill No. 1999-9]
In a condition where the vehicle is not capable of passing
all required tests and inspections imposed by the laws of the State
of Maryland for a vehicle to be operated on public roads or highways
in the state.
Any person not an owner having a present possessory interest
in said real property.
Any person who is properly designated on the tax records
as the owner of said real property by the Department of Assessments
and Taxation.
The current or last known person to have registered or licensed
said vehicle, where applicable, and/or any person so named as the
owner, buyer or purchaser in a bill of sale for said vehicle.
Any individual, firm, partnership, corporation, association
or entity of any kind.
Any device in, on or by which any individual or property
is or might be transported or towed on a public or private road, including
but not limited to an automobile, truck, bus, van, motorcycle and
motor home.
B.
Declaration and abatement of abandoned vehicles.
(1)
No person shall maintain, park, store or leave or
permit the maintaining, parking, storing or leaving of any abandoned
vehicle on private or public property within Wicomico County. The
presence of an abandoned vehicle on public or private property in
Wicomico County is hereby declared a public nuisance and a danger
to the health, safety and welfare of the public and therefore may
be abated in the manner set forth herein.
(2)
In the event that an abandoned vehicle is found to
exist on any property, the following procedure for its abatement shall
be followed:
(a)
Any abandoned vehicle located on public or private
property and deemed to be an imminent hazard to the life, safety or
health of the public may be removed by the Wicomico County Sheriff's
Department without first providing any notice whatsoever to the owner
of record of said abandoned vehicle.
(b)
Except as provided above, written notice shall
be delivered by a designated official of Wicomico County or sent by
registered mail to the owner and/or occupant of the real property
upon which an abandoned vehicle is located, requiring that said abandoned
vehicle be licensed, repaired, removed or enclosed within 30 days
of the date of delivery or mailing of said notice. A copy of such
notice shall be delivered or mailed by first class mail, postage prepaid,
to the owner of the vehicle, if said vehicle owner is other than an
owner or occupant of the real property on which said abandoned vehicle
is located, and a copy of such notice shall be posted on the vehicle.
(c)
If the terms and conditions of such notice are
not complied with within said thirty-day period, the county shall
then have the power and authority to take said abandoned vehicle into
custody and physically remove it or cause it to be removed to a storage
area maintained or designated by the county where the vehicle shall
remain for at least 30 days or until it is redeemed and all costs
incurred by the county are paid, whichever occurs first.
(d)
Within seven days after a vehicle is taken in
custody, notice shall be sent by registered mail, return receipt requested,
to:
[1]
The last known registered owner of the vehicle.
[2]
Each secured party, as shown on the records
of the State Motor Vehicle Administration, or as otherwise known.
[3]
The notice shall:
[a]
State that the vehicle has been
taken into custody;
[b]
State the year, make, model and
vehicle identification number of said vehicle, if known, and give
such other or further description as is reasonably necessary to identify
said vehicle;
[c]
State the name and location of
the facility where the vehicle is being held;
[d]
Inform the owner and secured party
of their rights to redeem the vehicle within 30 days from the date
of said notice, upon payment of all costs of taking said vehicle into
custody, including towing, storage and preservation of the vehicle,
and all other costs and applicable fees or fines; and
[e]
State that the failure of the owner
or secured party to exercise the right to redeem the vehicle within
the time provided shall be deemed a waiver by such party to all right,
title and interest in said vehicle and consent to the sale of said
vehicle as herein provided.
(3)
In the event that the identity or address of the last registered owner of the vehicle cannot be determined or it is impossible to determine with reasonable certainty the identity and address of a secured party or the registered mail notice provided herein is returned as undeliverable, then the county shall publish one notice in a newspaper of general circulation in the county containing the information required by Subsection B(2)(d)[3] of this section.
(4)
Any vehicle taken into custody and not redeemed within
30 days after said notice as provided herein shall be conclusively
presumed to be abandoned by its registered owner, and all lien holders
shall be deemed to have waived all right, title and interest in the
vehicle, and the vehicle may be sold by the county at public sale
or disposed of by any other reasonable means which the county may
elect. The proceeds of any sale of an abandoned vehicle shall be allocated
as follows:
(a)
All expenses for taking custody, towing, storing,
preserving and selling the vehicle, including all costs of notices
incurred under this section shall be paid first.
(b)
Any remaining proceeds shall be held for 90
days for the owner of the vehicle and any secured party who may be
entitled to the proceeds.
(c)
If no person entitled to receive any remaining
proceeds shall claim them within such ninety-day period, the remaining
proceeds shall revert to the general fund of the county.
(5)
Any vehicle taken into custody pursuant to this section
may be redeemed at any time after it is taken and prior to the sale
of the vehicle by the owner of the vehicle or secured party upon reasonable
proof of ownership or of the existence of a security interest and
upon furnishing the county sufficient proof that the vehicle will
be licensed, repaired or enclosed and by paying to the county all
costs incurred, including costs of notices and publication.
C.
In the event that any vehicle is taken into custody
pursuant to this section and sold rather than redeemed, all costs
incurred in taking custody, towing, storage, preservation and sale,
including the cost of all notices, shall be the joint and several
liability of the owner of the real property, owner of the vehicle
and occupant of the real property, and such expenses shall be a lien
on the real property upon which the vehicle was located and collected
in the same manner as real estate taxes by the county. Said expenses
shall not be a lien on said real property if the vehicle constitutes
an abandoned vehicle pursuant to Subsection A(4) of this section,
and the owner of the real property has reported the abandonment to
the appropriate authorities within seven days of the abandonment.
D.
Nothing contained in this section shall apply to the
following:
(1)
Any vehicle which is enclosed or otherwise positioned
on private property so that the access to and view of said vehicle
is blocked from adjoining properties and public streets.
(2)
Any real property or the vehicle on the same, if said
real property is in a district zoned to permit, and the real property
is legally operated as, an automotive dealership or showroom, junkyard,
salvage yard, vehicle storage lot or vehicle repair business.
E.
Permits. The Department of Planning, Zoning and Community
Development, pursuant to an application, may grant permits for possession
of an abandoned vehicle for a period of up to six months. Permits
shall be issued only for an owner or occupant of his property to permit
his vehicles for good cause, such as sale, repair or restoration.
The cost of the permit shall be $25.
[Amended 3-17-2009 by Bill No. 2009-2]
F.
Violation. Any person on whom a notice to abate has
been served in accordance with this section and who refuses or neglects
to comply with any of the requirements thereof within the time specified
shall be guilty of a civil infraction and shall be subject to a fine
of $100. Each day that said person is in violation shall be deemed
a separate and additional offense. The Director of the Department
of Planning, Zoning and Community Development, or his designee, is
hereby authorized to issue citations for civil infractions of this
article.
[Amended 10-24-2000 by Bill No. 2000-9]
[Added 4-4-2006 by Bill No. 2006-3]
A.
FIREARM
SCHOOL
Within this section, the following words have the
meanings indicated below:
Any pistol, revolver, rifle or shotgun designed to propel
any projectile by means of explosive energy.
A public, parochial or private school giving regular instruction
at least five days a week, except holidays, for a normal school year
of not less than seven months.
B.
It shall be unlawful for any person to fire or discharge
a firearm:
(1)
From, onto, across or within 1,000 feet of any school,
the area within that distance being hereby defined as a safety zone;
or
(2)
In the direction of any school wherein the person
firing or discharging the firearm knows or should have known that
the projectile or projectiles have a reasonable chance of striking
the structure or human beings.
C.
Nothing in this section shall be held to apply to
or prohibit the firing or discharge of firearms:
D.
Violations and penalties.
(1)
Any violation of § 174-6 shall be deemed a misdemeanor, punishable by a fine of not less than $500 and not more than $2,500 or imprisonment for not more than 60 days, or both.
(2)
The prohibitions stated or the powers conferred by
this section shall be in addition and supplemental to the prohibitions
stated or powers conferred by any other law.
