Town of New Windsor, MD
Carroll County
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[HISTORY: Adopted by the Mayor and Council of the Town of New Windsor as Chapter 5.08 of the 1998 Code. Amendments noted where applicable.
Nuisances — See Ch. 127.
Streets and sidewalks — See Ch. 170.
Junk vehicles — See Ch. 196.
[Amended 11-2-2011 by Ord. No. 10-05-11A]
The purpose of this chapter is to require that property be kept clean and free from dirt, filth, garbage and similar matter, that it be kept free from vermin and rodent infestation and be kept in such repair as to be fit for human habitation and use and to provide for the control of weeds and vegetation on lots or other properties within the Town, and to authorize the Mayor and Council to issue orders compelling compliance with the provisions hereof, and to correct such conditions at the expense of the occupants or owners of properties on which such violations occur.
[Amended 11-2-2011 by Ord. No. 10-05-11A]
Every property within the Town of New Windsor and every part thereof shall be kept so clean and free from any accumulation of dirt, filth, rubbish, garbage or similar matter as not to be a danger to the health of any occupant or user thereof and shall be kept free from vermin and rodent infestation. All yards, lawns and vacant lots shall be similarly kept clean and free from weeds exceeding 12 inches in height. The property owner or owners shall maintain abutting roadside improvements along the portion of the property that abuts the public road or right-of-way, including any vegetation between the sidewalk and the curb or street, including any trees located therein, regardless of the property lines or right-of-way boundaries. The property owner or owners shall also trim or remove all or any portion of any tree, hedge or other vegetation which overhangs or encroaches upon the sidewalk or right-of-way area or which creates an obstruction to view. It shall be the duty of each occupant or owners of a property to keep in a clean condition that portion of the property which he or she occupies or over which he or she has exclusive control.
If the occupant or owner shall fail to keep his or her portion of the property clean, as above provided, the Mayor or Town Manager shall send a written notice to such occupant or owner requesting that said condition be remedied within the time specified in said notice, said time not to be less than three days. Failure of such occupant or owner to comply shall be deemed a violation of this chapter, and upon conviction, such occupant or owners shall be subject to the penalty or penalties herein provided.
Every dwelling and every part thereof shall be maintained in such good repair by the owner or agent as to be fit for human habitation.
Whenever any dwelling or any building, structure, excavation, matter, condition or thing in or about a dwelling or the lot on which it is situated or the plumbing, sewerage, drainage, light or ventilation thereof is found by the Mayor and Council to be dangerous or detrimental to life or health, the Mayor and Council may order that the matter, condition or thing be removed, abated, suspended, altered or otherwise improved, as the order shall specify. If any such order of the Mayor and Council issued under the authority of the provisions of this section is not complied with within three days after the service thereof, then such order may be executed by the Mayor and Council through its officers, agents, employees or contractors, and the expense incurred incident to the execution of said order shall be paid by the owner of said property, and such expense may be recovered by the Town of New Windsor by appropriate legal action, or the Mayor and Council may order such premises vacated until such premises shall be made to comply with the conditions of this chapter. Before proceeding to execute such order, a copy of such notice shall be sent to the owner of the property or his or her agent, if names and addresses on a diligent search can be ascertained, and such notice shall be posted on said premises at least three days before the Mayor and Council proceed to incur such expenses, unless the condition is of such character as to require immediate action, in which case the time of the notice shall be such as, in the judgment of the Mayor and Council, is reasonable and proper.
Whenever it shall be found by the Mayor and Council that a dwelling is unfit for human habitation or dangerous to life or health by reason of want of repair of defects in the drainage, plumbing, lighting, ventilation or the construction of the same or by reason of the existence on the premises of any condition likely to cause sickness or injury among the occupants of said dwelling or for any other causes affecting the public health, the Mayor and Council may issue an order requiring such dwelling to be vacated after the expiration of 15 days from the date that said order was served on the owner or occupant and he or she has been given an opportunity to be heard. A copy of such order shall be sent to the owner of the property or his or her agent, if names and addresses on a diligent search can be ascertained. The dwelling so ordered to be vacated shall not again be occupied until a written statement shall have been secured from the Mayor and Council showing that the dwelling has been made to comply with this or any other existing law and has been made fit for occupancy.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Town of New Windsor, as executor, administrator, trustee, guardian or agent, such person shall be deemed and taken to be the owner or owners of such property within the intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter to the same extent as the owner; and notice to any such person of any order or decision of the Mayor and Council shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the owner or owners of such property.
The Mayor and Council is authorized and empowered to make and adopt such rules and regulations as they may deem proper and necessary for the enforcement of this chapter for the better production of the health of the Town under authority granted by this chapter.
[Amended 11-2-2011 by Ord. No. 10-05-11A[1]]
No person or persons, firm or corporation shall set up, maintain or establish within the corporate limits of the Town any camp or temporary or permanent place of abode in trailers, house trailers, tents, wagons, vans, automobiles or trucks. Nothing herein shall be construed to prohibit any sites designed for the use and hookup for utilities of recreational vehicles, which sites have been established prior to September 1, 2011.
Editor’s Note: This ordinance also repealed former § 144-7, Hygiene of housing; rules and regulations, and redesignated former §§ 144-8 through 144-10 as §§ 144-7 through 144-9, respectively.
Whenever the violation of any of the aforesaid rules shall continue for a period of 15 days, the Clerk may notify the owner of the premises wherein such violation occurs that he or she has been advised of such violation and that a hearing will be held at a time and place stated in said notice by the Mayor and Council not less than five days thereafter, at which time said owner may be heard and if upon said hearing the Mayor and Council is satisfied that such violation exists, it may thereupon order said condition to be abated, and unless the owner of said property makes the necessary changes so as comply with said rules and regulations, the building official shall have the right to cause said building to be vacated and to remain vacated until said rules have been complied with.
The provisions of this chapter contain minimum requirements for the protection of health and are in addition and supplementary to any other ordinance, law, rule and regulation, and nothing therein shall be construed to affect in any manner any of the powers and duties of the State Board of Health or County Board of Health or any public general or public local law relating to the subject of health.