[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester 8-12-1958 (Ch. 62 of the 1979 Code). Amendments noted where applicable.]
The purpose of this chapter is to require that
dwellings be kept clean and free from dirt, filth, rubbish, garbage
and similar matter, and that they be kept free from vermin and rodent
infestation and be kept in such repair as to be fit for human habitation;
and to provide for the control of weeds on vacant lots or other properties
within the Town of Manchester; and to authorize the Mayor and Council
of Manchester to issue orders compelling compliance with the provisions
hereof and to correct such conditions at the expense of the property
occupants or the owner or owners of properties upon which violations
occur.
[Amended 5-10-1983 by Ord. No. 26]
Every dwelling within the Town of Manchester
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 thereof and shall be kept free
from vermin and rodent infestation. It shall be the duty of each occupant
or owner of the dwelling unit to keep in a clean condition that portion
of the property which they occupy or over which they have exclusive
control. If the occupant or owner shall fail to keep his portion of
the property clean as above provided, the Mayor and Council of Manchester
may send a written notice to such occupant or owner requesting them
to remedy said condition within the time specified in said notice,
said time not to be less than three days. Failure of such occupant
or owner to comply with such notice within such time shall be deemed
a violation of this chapter, and, upon conviction, such occupant or
owner 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.
A.
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 suspected by the Mayor and Council
of Manchester to be dangerous or detrimental to life or health, the
Mayor and Council of Manchester will contact Carroll County and/or
State of Maryland agencies to investigate and take appropriate actions.
B.
Whenever it shall be found by the Mayor and Council
of Manchester that a dwelling is unfit for human habitation or dangerous
to life or health by reason of want of repair or 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 will contact Carroll County and/or State of Maryland agencies
to investigate and take appropriate actions.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Town of Manchester, 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 of Manchester 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 hereby authorized and
empowered to make and adopt such rules and regulations as it may deem
proper and necessary for the enforcement of this chapter for the better
protection of the health of the Town, under authority granted by this
chapter.
[Amended 4-2-1979 by Ord. No. 11]
Whenever it shall be a nuisance or menace to health, it shall be unlawful for any person or persons to keep any fowl or animal on any property located within the corporate limits of the Town of Manchester, and any person or persons convicted of violating this section shall be subject to such fine as provided in § 147-12 of this chapter.
[Amended 5-10-1983 by Ord. No. 26; 10-9-2001 by Ord. No.
135]
A.
The presence of weeds, grass or plants in the Town
of Manchester, other than trees, flowers, ornamental shrubs and bushes
and fruit and vegetable plants, in excess of 12 inches in height is
hereby declared to be a nuisance and detrimental to the health, safety,
comfort and general welfare of the citizens of the Town.[1]
B.
When it is called to the attention of the Mayor and
Council that an owner or occupant of any land, except land zoned conservation,
within the corporate limits of the Town of Manchester has permitted
weeds, grass or plants, other than trees, flowers, ornamental shrubs
and bushes and fruit and vegetable plants, to grow to a height of
12 inches or more, notice shall be sent by Mayor and Council ordering
said owner or occupant to cut said weeds, grass or plants within five
days from the receipt of said notice. Such notice may be delivered
personally to the owner and/or the occupant or sent by registered
or certified mail, and if mailed to any owner, the owner's address
as shown on the tax rolls shall be deemed to be correct. Any postal
receipt for the mailing of such notice shall create a prima facie
presumption that the notice was received in due course.
C.
In the event that said order is not complied with
within the time stated in the order, the Mayor and Council shall have
the power and authority to cause said weeds, grass or plants to be
cut, trimmed or otherwise removed and to charge the cost of cutting
thereof against said owner or occupant. The cost shall be determined
yearly by the Mayor and Council. These charges shall be overdue 30
days after receipt by the property owner. The amount of any unpaid
cost of cutting said weeds by the Town shall become a lien upon the
premises upon which the weeds, grass or plants were cut, which lien
may be collected in the same manner as the collection of delinquent
taxes. In addition, the Town Attorney is authorized to institute a
civil suit against the owner and/or occupant for recovery of such
costs.
[Amended 4-2-1979 by Ord. No. 11]
It shall be unlawful for any person to burn
any trash or rubbish out of doors within the corporate limits of the
Town of Manchester. It shall be unlawful for any person to allow any
accumulation of, or to burn, any vegetable matter or animal matter
out of doors upon property owned or occupied by said person within
the Town of Manchester.
It shall be unlawful for any person to keep
a hog or hogs or hogpen within the corporate limits of the Town of
Manchester in such a manner as to constitute a public nuisance. The
prohibition of this section shall not apply, however, to the owners
of property which is used primarily for agricultural purposes.
[Added 4-2-1979 by Ord. No. 11]
It shall be unlawful to apply a pesticide, herbicide
or fungicide within the Town limits of Manchester without receiving
permission therefor from the Mayor and Council 30 days in advance
of application. Notice of date of application shall be posted in areas
to be sprayed 10 days in advance of actual application. Notices of
application shall be posted less than 100 yards apart. Any person
applying a pesticide on any area of 10,000 square feet or less shall
be exempt from the provisions of this section.
