[HISTORY: Adopted by the Mayor and Council
of the Town of New Windsor as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-2-2005 by Ord. No. 10-05-05-1 (Ch. 5.12 of the
1998 Code).]
The purpose of this article is to protect the
public health, safety and welfare and to preserve the character and
value of the Town, by establishing minimum standards governing the
maintenance, appearance and condition of both residential and nonresidential
premises; to proscribe certain acts, places or conditions which are
or may become deleterious to the general citizenry; to fix certain
responsibilities and duties of owners, operators, and tenants; to
fix penalties for violations of this article; and to provide for the
remediation, repair or demolition of premises which do not or are
unable to meet the requirements established herein.
Every residential, nonresidential or mixed occupancy
building and the land on which it is situated, used or intended to
be used for a dwelling, commercial, business or industrial occupancy
shall comply with the provisions of this article, whether or not such
building shall have been constructed, altered or repaired before or
after the enactment of this article, irrespective of any permits or
licenses which shall have been issued for the use or occupancy of
the building or premises, for the construction or repair of the building
or premises, prior to the effective date of this article.
Each of the following conditions, actions or
activities, unless otherwise permitted by law, is declared to constitute
a public nuisance, and is subject to civil and criminal enforcement
and penalties as provided in this article:
A.
Public nuisance - general. A public nuisance is a
thing, act, occupation, condition or use of property which shall continue
for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort,
health, repose or safety of the public;
(2)
In any way render the public insecure in life or in
the use of property;
(3)
Greatly offend the public morals or decency;
(4)
Unlawfully and substantially interfere with, obstruct
or tend to obstruct or render dangerous for passage any street, alley,
highway, or other public way or the use of public property;
(5)
Be detrimental to the property of others or cause
or tend to cause substantial diminution in the value of other property
in the neighborhood in which such premises is located.
B.
Public nuisances affecting health. The following acts,
omissions, places, conditions and things are hereby specifically declared
to be public health nuisances, but such enumeration shall not be construed
to exclude other health nuisances coming within the general definition
of this section:
(1)
Carcasses or portions thereof of animals, birds or
fowl not intended for human consumption or food which are not buried
or otherwise disposed of in a sanitary manner within 24 hours after
death;
(2)
All animals running at large;
(3)
The escape of soot, cinders, noxious acids, fumes,
gases, fly ash, industrial dust or other atmospheric pollutants within
the Town limits or within one mile therefrom in such quantities as
to endanger the health of persons of ordinary sensibilities or to
threaten or cause substantial injury to property in the Town;
(4)
The pollution of any public road right-of-way or public
well or cistern, stream, or other body of water by sewage, creamery
or industrial wastes or other substances;
(5)
Any use of property, substances or things within the
Town emitting or causing any foul, offensive, nauseous, unwholesome
or disagreeable odors, gases, stenches, liquids or substances offensive
to the physical sense to an ordinary person possessed of ordinary
tastes and susceptibilities or which otherwise annoy, discomfort,
injure or inconvenience the health of persons within the Town. This
definition shall not apply to odors produced through the operation
of farming practices;
(6)
Disassembled, dismantled, partially dismantled, inoperable,
junked, wrecked, or unlicensed motor vehicles, truck bodies, tractors,
trailers, boats, or campers in such state of physical or mechanical
ruin as to be incapable of self-propulsion or of being operated upon
the public streets, highways, or waters, other than at a business
location, licensed and operating as a repair facility or junkyard;
(7)
Abandoned, discarded or unused objects or equipment
such as furniture, stoves, refrigerators, freezers, cans, containers,
lumber, trash, or debris;
(8)
Weeds, grass, undergrowth and uncut shrubbery without
apparent supervision by an owner or tenant so that the premises is
in disrepair, contains excessive amounts of high weeds, tall grass,
unkempt greenery and undergrowth about the premises creating an invitation
to dust, obstructions to view and a potential harbor for unauthorized
persons, animals, snakes, insects or vermin;
(9)
Any dead, diseased, infested or dying tree or vegetation
including such tree or vegetation that may constitute a danger to
street trees, streets, utilities, or neighboring buildings or property.
C.
Public nuisances affecting peace and safety. The following
acts, omissions, places, conditions and things are hereby declared
to be public nuisances affecting peace and safety, but such enumeration
shall not be construed to exclude other nuisances affecting public
peace or safety coming within the provisions of this section:
(1)
Noise.[1]
(a)
Production of any of the following sounds or
noises between the hours of 10:00 p.m. to 7:00 a.m. on Mondays through
Fridays, excluding legal holidays, and between the hours of 10:00
p.m. and 9:00 a.m. on Saturdays and Sundays and legal holidays, except
in the cases of bona fide emergency or under municipal permit in case
of demonstrated necessity:
[1]
Sounds caused by the construction or repair
of any building or structure;
[2]
Sounds caused by construction, maintenance,
repair, clearing or landscaping;
[3]
Sounds created by the installation or repair
of utility services;
[4]
Sounds created by construction equipment including
special construction vehicles;
(b)
It is intended that the sounds described in
this subsection refer to sounds heard beyond the property line of
the source;
(2)
The keeping or harboring of any animal or fowl which
by frequent or habitual howling, yelping, barking, crowing or making
of other noises shall annoy or disturb neighbors or other residents
of the Town;
(3)
All obstructions of streets, alley, sidewalks or crosswalks
and all excavations in or under the same, except as permitted by the
ordinances of the Town or which, although made in accordance with
such ordinances, are kept or maintained for an unreasonable or illegal
length of time after the purpose thereof has been accomplished;
(4)
All open and unguarded pits, wells, cisterns, cesspools,
excavations or unused basements freely accessible from any public
street, alley or sidewalk;
(5)
Any junk, wood, bricks, cement, concrete blocks, abandoned
vehicles, or machinery or parts thereof, appliances, fixtures and
furniture, including, but not limited to, items such as stoves, refrigerators,
freezers, sinks, cabinets and other kitchen appliances, furniture,
mattresses, clothes washing and drying machines, plumbing fixtures,
light fixtures, washtubs, lawn and garden equipment when such items
are not stored inside a building. This section shall not apply to
furniture except that furniture and other equipment designed for outdoor
use shall not constitute a nuisance when kept in any district and
in view of adjacent properties or public rights-of-way; and any other
unsightly accumulation of items or materials such as may tend to depreciate
property values in the area, or create a blighted condition, or create
a hazard (except when such items are properly housed and out of public
view);
(6)
Waste, including, but not limited to, items such as
paper, rags, trash, garbage, discarded clothing, shoes, curtains,
linen, and other apparel, tin cans, aluminum cans, boxes, bales, or
baled items, plastic containers, glass containers, plastic wrap, cleaning
utensils, cooking utensils, and discarded household fixtures, when
such items are stored, collected, piled or kept on private or public
property, and in view of adjacent properties or public rights-of-way;
(7)
Any unauthorized or unlawful use of property abutting
on a public street, alley or sidewalk or of a public street, alley
or sidewalk which causes large crowds of people to gather, obstructing
traffic and free use of the streets or sidewalks;
(8)
The existence of any building, fence, well or other
structure or thing or portion thereof or private property abutting
or fronting upon any public street, sidewalk or place which has holes,
loose boards, broken or cracked finish or which is sagging, leaning,
fallen, decayed, or from which any construction material, bricks,
siding, etc., has fallen or is in danger of falling, or is otherwise
in a dilapidated or unsafe condition.
A.
The Mayor and Council are hereby authorized and empowered to notify the owner or owners, occupier or occupiers of any premises which they deem to be in a state of nuisance or in such a condition that the creation of a public nuisance is imminent or in such condition that the water supply of the Town of New Windsor may become polluted and the health of the citizens thereby endangered, directing such persons to have such nuisance or condition abated or removed within 72 hours except as provided in Subsection B hereof, from the date that said notice is personally served or mailed by certified mail, addressed to said owner, owners, occupier or occupiers or tacked upon the main building on the premises.
B.
The Mayor and Council are authorized to extend the
period of time to abate or remove a nuisance, upon application by
the owner or occupier and a showing that such abatement or removal
is not practicable or possible within that time frame.
C.
If the Mayor and Council determine that the structure
constituting the nuisance is so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation or occupancy, and that it is unreasonable to repair the
structure, the Mayor and Council may order the owner to demolish and
remove such structure. The time for compliance shall be reasonable,
but shall not exceed 60 days.
If such owner or occupier fails to abate such nuisance or condition or remove the cause thereof within the time set out in § 127-4, the Town Council of New Windsor may then cause such nuisance or condition to be abated and the cause of such nuisance removed by whatever means it deems feasible, including demolition; and the actual cost thereof shall thereafter be billed to the owner or owners of said premises, who thereupon become obligated to reimburse said Town of New Windsor, and suit may be brought to recover such sums.
If the owner or owners fail to make payment as provided for in § 127-5 above, then, in addition to all other remedies, the Town may cause to be recorded in the Town office a sworn statement showing the cost and expense incurred for such work, the date the work was done and the location of the property on which the work was done. Recording of such sworn statement shall constitute a lien on the property involved and shall remain in full force and effect for the amount due, plus interest and cost of court, if any, for collection, until final payment is made. Said cost and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 2/3 of 1% per month in the event that the same is not paid in full on or before the date that the tax bill, upon which such charge appears, becomes delinquent. Sworn statements filed in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work was done properly and satisfactorily at a reasonable cost and shall be full notice to every person concerned that the amount constitutes a charge against the property designated or described in said statement and that the same is due and collectible as provided by law.
A.
Any person violating the provisions of this article shall be guilty of a municipal infraction and shall be subject to a fine not to exceed $100. Each day the violation continues shall be a separate violation. These fines are in addition to any liability for costs under § 127-5 hereof.
B.
If such owner or owners, occupier or occupiers of said premises shall, after the abatement and/or removal of the cause of said nuisance within a period of two years from the date of said notice provided in § 127-4 hereof, create a similar nuisance on such premises or allow a similar condition endangering public health to exist, such conduct shall be a municipal infraction subject to a fine not to exceed $500. Each day such nuisance shall continue unabated shall constitute a separate infraction.
Any person aggrieved by any issuance of a notice
hereunder may appeal the same to the Circuit Court for Carroll County
in accordance with Title 7, Chapter 200 of the Maryland Rules of Procedure,
as from time to time amended.
[Adopted 4-2-2014 by Ord.
No. 03-05-14]
For the purpose of this article, the following definitions shall
apply:
Any building arranged, designed or used, in whole or part,
to provide living facilities for one or more families. "Dwelling"
shall include both the enclosed area within a dwelling as well as
the exterior premises of the dwelling within the boundary lines of
any real property on which the dwelling is located.
Any person who lives in or has possession of or holds an
occupancy interest in a dwelling; or any person residing in or frequenting
the premises of the dwelling with the actual or implied permission
of the owner of lessee.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the dwelling; or recorded in official
governmental records as holding title to the dwelling; or otherwise
having control of the dwelling, including the guardian of the estate
of any such person and the executor or administrator of the estate
of such person if ordered to take possession of such property by a
court.
A disorderly house nuisance is a dwelling as defined in this
article where any of the following has occurred within a three-hundred-sixty-five-day
period:
A.
Two or more criminal arrests, criminal citations, criminal indictments,
criminal warrants, criminal summonses, civil citations, civil summonses
or calls to the Carroll County 911 Call Center arising out of separate
and distinct facts and circumstances (as defined by the statutes of
the State of Maryland and/or the ordinances of the Town of New Windsor
or of Carroll County, Maryland) which occur at a dwelling or on property
in proximity to a dwelling; or
B.
Two or more violations of Article 2B of the Annotated Code of Maryland
relating to alcoholic beverages arising out of separate and distinct
facts and circumstances; or
C.
Two or more violations of Chapter 81 of the Carroll County, Maryland,
Code of Public Local Laws and Ordinances (Animals) arising out of
separate and distinct facts and circumstances; or
D.
Two or more violations of Chapter 141 of the Carroll County, Maryland,
Code of Public Local Laws and ordinances (Livability Standards) arising
out of separate and distinct facts and circumstances; or
F.
A combination of two incidents from any of the above categories arising
out of separate and distinct facts and circumstances.
A.
No owner or occupant of any dwelling shall allow or permit such dwelling
to be, or become, a disorderly house nuisance.
B.
An owner and/or occupant shall be deemed to have allowed or permitted
a dwelling to be or become a disorderly house nuisance if:
(2)
Such acts were committed by invitees of the occupant or owner; or
(3)
Such acts were committed by persons attending events, or functions,
sponsored, permitted or allowed by the occupant or owner; or
(5)
The owner or occupant has been provided with the written notice of a disorderly house nuisance pursuant to § 127-12 below, the facts alleged therein are true, and the owner or occupant fails or refuses to enter into a nuisance abatement agreement, or after entering into such agreement, fails to comply with its terms.
No person shall be prosecuted for a violation of this article
until such person shall have been served with the notice provided
for herein, and the person has either failed or refused to enter into
the nuisance abatement agreement provided for hereinafter or, after
entering into such agreement, the person fails to comply with its
provisions. Such notice may be served on such person by personal service
or, in the case of an occupant or occupant owner, by certified mail
addressed to the address of the dwelling or, in the case of a nonoccupant
owner, by certified mail to his/her last known address or, if none,
the address to which any tax statement is sent to such owner for the
dwelling or by posting of the dwelling, on the structure or at a location
on the exterior premises, or by any other method of service reasonably
calculated to give actual notice. Such notice shall contain, at a
minimum, the following:
A.
That a disorderly house nuisance exists as defined by § 127-10 at the location specified in the notice;
B.
The date of the commission of the acts which constitute the basis
for the disorderly house nuisance, the name(s) of the person(s) committing
such acts, if known, and all other facts and circumstances that the
Town relies upon to allege that such acts form the basis for the disorderly
house nuisance. Copies of police reports may serve as this documentation;
C.
The date, time and place where the person is to appear and meet with
the Town's representative to participate in the nuisance abatement
conference;
D.
That failure to appear, or failure to make satisfactory arrangements
for an alternative date and time, at the time, place and manner designated
in the notice may result in prosecution of a violation of this article
and the imposition of penalties, as prescribed by this article.
At the nuisance abatement conference, the Town's representative
and the owner and/or occupant shall discuss the facts constituting
the disorderly house nuisance and shall attempt to agree on specific
actions that the owner and/or occupant can take to abate said disorderly
house nuisance.
A.
At the conclusion of the nuisance abatement conference, the Town's
representative shall submit to the owner and/or occupant a proposed
written nuisance abatement agreement. If, at the conclusion of the
conference, the Town's representative needs more time to draft
said proposed agreement, then a follow-up meeting shall be scheduled
with the owner and/or occupant within 10 days of the initial conference
for submittal and review of the completed proposed nuisance abatement
agreement.
B.
Any nuisance abatement agreement under this article shall include
a list of specific actions and specific schedule of deadlines for
said actions to abate the disorderly house nuisance. It may also include
provisions for a periodic reassessment of the agreement's effectiveness,
and the procedure for a modification of the agreement. A nuisance
abatement agreement or any written modification to said agreement
may impose conditions or requirements on the owner and/or occupant
for a period of up to 24 months from the date the original agreement
is entered into by the owner and/or occupant and the Town. A nuisance
abatement agreement or any modification may impose one or more of
the following conditions or requirements:
(1)
Institution of eviction proceedings against identified individuals(s)
from the dwelling in question;
(2)
Written notification from the owner and/or occupant to an identified
individual or individuals that they are prohibited from entering on
to the premises of the dwelling;
(3)
Utilization of written leases containing a provision or provisions
requiring eviction for criminal activity;
(4)
The completion of improvements upon the premises of the dwelling
which have the impact of mitigating crime, including but not limited
to the erection of fences, installation of security devices upon the
entrances or increased lighting;
(5)
Any other reasonable condition or requirement designed to abate the
disorderly house nuisance.
C.
Once a proposed written nuisance abatement agreement or written modification
to a nuisance abatement agreement has been submitted to the owner
and/or occupant, said owner and/or occupant shall have 48 hours to
review it and enter into said agreement by signing it and returning
it to the Town Manager.
The Town Manager may commence prosecution alleging a violation
of this article under the following circumstances:
B.
The owner and/or occupant does not attend a nuisance abatement conference
with the Town Manager within the time period set forth herein; or
C.
The owner and/or occupant fails or refuses to sign a proposed written
nuisance abatement agreement or proposed written modification to said
agreement within the prescribed time period set forth herein;
D.
The owner and/or occupant subsequently fails or refuses to comply
with any conditions or requirements set forth in a nuisance abatement
agreement, including any prescribed deadlines for taking particular
actions.
A.
Any person who shall violate a provision of this article, or fail
to comply therewith, or with any of the requirements thereof, shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense. In addition to other remedies, any violation
may be deemed a municipal infraction and prosecuted as such. The penalty
for violation shall be a fine of $500 for each offense, which may
be doubled in accordance with applicable law, and/or the issuance
of an abatement order.
B.
Upon a finding of guilt under this article, the court may, in addition
to other remedies permitted by law, impose any or all of the following
conditions:
(1)
The completion of improvements upon the premises of the dwelling
which have the impact of mitigating crime and criminal activity, including,
but not limited to, the erection of fences, installation of security
devices or increase lighting;
(2)
Requirement of a written lease for occupants which includes provisions
requiring eviction for criminal activity;
(3)
Submitting tenancy lists on a periodic basis to the Town;
(4)
Imposition of a period of court supervision with the posting of a
cash bond of no less than the minimum fine and up to the amount of
the maximum fine for the period of court supervision in an interest-bearing
account conditioned on unsuccessful completion of the conditions imposed
by the court under the court supervision, and failure to complete
successfully shall result in forfeiture of the bond to the Town; and
(5)
Any other condition reasonably related to the objective of abating
the disorderly house nuisance.
