[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester 8-12-2008 by Ord. No. 185 (Ch. 39 of the 1979 Code).
Amendments noted where applicable.]
The Town considers rental housing a commercial
enterprise subject to licensure and oversight duly authorized in the
Town Charter. The purpose of this chapter is to encourage the responsible
ownership and management of rental housing within the Town, particularly
as the public health, safety, general welfare and economic vitality
of the community is directly impacted. This includes preservation
of quality rental housing that blends with traditional owner-occupied
neighborhoods. It is not the intent of the chapter to mediate internal
disputes between landlords and tenants but rather to address the maintenance
of rental housing as it relates to the greater community.
[Amended 10-10-2017 by Ord. No. 229]
For the purpose of this chapter, the following definitions shall
apply:
A committee of three persons designated by the Town Administrator
or his/her designee made up of two elected Town officials and one
private citizen chosen from a list of private citizens approved by
the Town Council.
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 or 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.
Town of Manchester.
The Code of the Town of Manchester.
The Town Administrator, Police Chief or Zoning Administrator.
[Amended 10-10-2017 by Ord. No. 229]
A.
The provisions and requirements of this chapter shall be in addition
to any provision or requirement of any other applicable law, rule
or regulation, and it shall not be deemed to interfere with, abrogate,
annul, or otherwise affect in any manner any agreements between parties,
unless such agreements conflict with the provisions of this chapter.
B.
To the extent that the provisions of this chapter conflict with state
general public law, state law shall prevail.
[Amended 10-10-2017 by Ord. No. 229]
A "disorderly house nuisance" is a dwelling, as defined in this
chapter, where any of the following has occurred within a twelve-month
period counting from violation to violation:
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 Manchester
or of Carroll County, Maryland) which occur at a dwelling or on property
in proximity to the dwelling; or
B.
Two or more violations of the provisions of the Alcoholic Beverages
article of the Annotated Code of Maryland, arising out of separate
and distinct facts and circumstances; or
C.
Two or more violations of Chapter 65 of Town of Manchester Code (Animals), arising out of separate and distinct facts and circumstances; or
D.
Two or more violations of Town of Manchester Code § 147-4 and/or Chapter 171 of the Carroll County, Maryland, Code of Public Local Laws and Ordinances (Livability Code), arising out of separate and distinct facts and circumstances; or
E.
Two or more violations of Chapter 122 of the Town of Manchester Code (Nuisances), arising out of separate, and distinct facts and circumstances; or
F.
Two or more violations of Chapter 250 of the Manchester Code (Zoning), arising out of separate and distinct facts and circumstances.
G.
A combination of two incidents from any of the above categories arising
out of separate and distinct facts and circumstances.
[Amended 10-10-2017 by Ord. No. 229]
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 § 81-6 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.
[Amended 10-10-2017 by Ord. No. 229]
No person shall be prosecuted for a violation of this chapter
until such person shall have been served with the notice provided
for herein, and the person has either failed 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 § 81-4 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 other facts and circumstances upon which
the Town relies 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 Abatement Committee 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 chapter
and the imposition of penalties, as prescribed by this chapter.
[Amended 10-10-2017 by Ord. No. 229]
At the nuisance abatement conference, the Abatement Committee
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.
[Amended 10-10-2017 by Ord. No. 229]
A.
At the conclusion of the nuisance abatement conference, the Abatement
Committee shall submit to the owner and/or occupant a proposed written
nuisance abatement agreement. If, at the conclusion of the conference,
the Abatement Committee needs more time to draft said proposed agreement,
then a follow-up meeting shall be scheduled with the owner and/or
occupant within ten days of the initial conference for submittal and
review of the completed proposed nuisance abatement agreement.
B.
Any nuisance abatement agreement under this chapter shall include
a list of specific actions and 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
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 onto
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; and/or
(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 Administrator or his/her designee.
[Amended 10-10-2017 by Ord. No. 229]
The Town may commence prosecution alleging a violation of this
chapter under the following circumstances:
B.
The owner and/or occupant does not attend a nuisance abatement conference
with the Abatement Committee 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 condition or requirement set forth in a nuisance abatement
agreement, including any prescribed deadlines for taking particular
actions.
[Amended 10-10-2017 by Ord. No. 229]
In addition to prosecution of the offenses defined in this chapter
or to pursuing any other remedies available under this Code, the Town
Administrator may prosecute an action for equitable relief in the
name of the Town to abate the nuisance and to enjoin any person who
shall own, rent or occupy the dwelling in question from using or permitting
its use in violation of the provisions of this chapter.
[Amended 10-10-2017 by Ord. No. 229]
Nothing in this chapter shall be construed to prohibit any police
officer from arresting any person for committing or maintaining a
nuisance when such arrest is made pursuant to law.
[Amended 10-10-2017 by Ord. No. 229]
A.
Any person who shall violate a provision of this chapter, or fail
to comply therewith, or with any of the requirements thereof, shall
be subject to prosecution or enforcement action with 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 person may be subject to issuance
of an abatement order.
B.
Upon a finding of guilt under this chapter, 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 increased 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 conditioned on
the successful 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 reasonable related to the objective abating the
disorderly house nuisance.
