[HISTORY: Adopted by the County Commissioners of Kent County 4-3-1990
as Ch. 5, Art. VIII, of the 1989 Code. Amendments noted where applicable.]
This chapter shall be known and cited as the "Nuisance Control Ordinance
of Kent County."
As used in this chapter, the following terms shall have the meanings
indicated:
All organic waste, consisting of the residue of animal, fruit or
vegetable matter, resulting from the preparation, cooking, handling or
storage of food, exclusive of human or animal feces.
The Health Officer of Kent County.
Old or scrap copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel and any other old or scrap material, including
wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts
or household appliances.
The following specific acts, deeds or conditions:
The deposit or accumulation of any foul, decaying or putrescent substance
or garbage or refuse or rubbish or other offensive matter in or upon any land,
street or highway unless in a manner approved by the Health Officer or his
properly designated agents.
The discharge of any foul liquids or sewage from any type of mobile
vehicle holding tank except into an approved sewer or treatment works, excepting
normal agricultural practices.
The disposal of human excreta, dead chickens, hogs, horses, cows, sheep,
dogs or cats or any other fowl or animal upon any land, street or highway
or in or upon any public or private place without it being buried to a suitable
depth or otherwise disposed of in a manner approved by the Health Officer.
The conveying of garbage, swill, refuse, dead animals, dead fowl or
other filthy matter through any street or any highway, public or private,
in a manner not approved by the Health Officer.
The use of garbage, offal or other decaying or putrescible matter, either
by itself or in connection with ashes or other harmless matter, for the purpose
of filling in any land or other space, exempting licensed sanitary landfills.
The existence of weeds more than 12 inches in height upon any property
in any residential area within 200 feet of a habitable dwelling. Areas noted
as official wetlands or isolated by official wetlands, agricultural lands
and forests are exempt.
The permitting or existence of an unfit structure as defined by this
chapter.
Permitting the presence of rats and allowing property to become a rat
harborage.
The unsightly presence of junk on any property for in excess of 30 days
and stored and maintained in an unsafe or unsanitary manner and stored or
maintained within 200 feet of a public or private road or dwelling.
Except for material originating in or delivered from lands within the
territorial boundaries of Kent County, no materials containing designated
hazardous substances as defined and identified in the Environment Article,
§ 7-201, of the Annotated Code of Maryland shall be deposited upon
any lands within the territorial boundaries of Kent County.
Ashes, garbage, rubbish, junk, industrial waste, motor drain oil,
dead animals and all other solid waste materials, including salvageable waste.
An area having an average of 40,000 square feet or less per dwelling
unit.
All refuse other than garbage, whether combustible or noncombustible,
and such forms shall include but not be limited to the following: rubbish
from building construction or reconstruction, dead trees, uprooted tree stumps,
slash, rubble, street refuse, abandoned automobiles, household appliances,
machinery, bottles, cans, wastepaper, cardboard, sawdust piles and slash remaining
from abandoned sawmill operations and all other waste materials and unsightly
debris from any industry.
Any vacant dwelling, building or part thereof located within 200
feet from an adjacent property boundary or any public or private road which
constitutes a hazard to the safety, health or welfare of the public because
it is in disrepair, unsanitary, vermin-infested or rodent-infested.
The owner or the occupant of any premises within the County of Kent
shall be responsible for sanitary conditions of the premises occupied by him,
and it will be unlawful for any person to place, deposit or voluntarily allow
to be placed or deposited on his premises any matter which constitutes a nuisance
under the terms of this chapter.
A.
The Health Officer of Kent County, his designee or other
properly designated law enforcement agent of Kent County shall be the enforcement
officer. Upon receiving a complaint, he shall institute an investigation,
and if the place or thing complained of is in such a condition as to constitute
a nuisance under the terms of this chapter, he shall serve a notice, in writing,
on the person, firm or corporation responsible for the condition requiring
him or them to abate the same within a time specified in the notice.
[Amended 3-5-2002 by Bill No. 3-2002]
B.
It shall be the duty of all law enforcement officers
who have jurisdiction in Kent County to enforce this chapter, and it shall
further be the duty of the state's Attorney for Kent County to prosecute
violators under this chapter.
Any person, firm or corporation who or which fails to abate a nuisance
as defined in this chapter shall be guilty of a civil infraction and, upon
conviction thereof, shall be punishable by a fine of not less than $100 nor
more than $500. Each day that a violation continues shall constitute a separate
offense.
The County Commissioners of Kent County may take any action legally necessary, including making application to the appropriate court of competent jurisdiction for an injunction to abate such nuisances. The County Commissioners may also recover the penalty as set forth in § 116-5 of this chapter by civil action in any court of competent jurisdiction.
