[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.]
GENERAL REFERENCES
Animals — See Ch. 64.
Unsafe property — See Ch. 122.
Solid waste — See Ch. 148.
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:
GARBAGE
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.
HEALTH OFFICER
The Health Officer of Kent County.
JUNK
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.
NUISANCE
The following specific acts, deeds or conditions:
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
The permitting or existence of an unfit structure as defined by this chapter.
H. 
Permitting the presence of rats and allowing property to become a rat harborage.
I. 
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.
J. 
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.
REFUSE
Ashes, garbage, rubbish, junk, industrial waste, motor drain oil, dead animals and all other solid waste materials, including salvageable waste.
RESIDENTIAL AREA
An area having an average of 40,000 square feet or less per dwelling unit.
RUBBISH
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.
UNFIT STRUCTURE
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.