[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 6-14-2010 by Ord. No. O-10-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and trees — See Ch. 59.
Building construction — See Ch. 63.
Unfit buildings; property maintenance — See Ch. 67.
Fire prevention — See Ch. 88.
Health and sanitation — See Ch. 101.
Solid waste — See Ch. 129.
Storage of vehicles — See Ch. 154.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 114, Nuisance Properties, adopted 1-9-2006 by Ord. No.
05-04. Said ordinance was originally adopted as Ch. 155 but was renumbered
to maintain the alphabetical organization of the Code.
A.
Chronic nuisance properties present grave health, safety and welfare
concerns when the property owners or persons in charge of such properties
have failed to take corrective action to abate nuisance conditions
on such properties. Chronic nuisance properties have a tremendous
negative impact upon the quality of life, safety and health of the
neighborhoods where they are located. This chapter is enacted to remedy
nuisance activities that repeatedly occur or exist at chronic nuisance
properties by providing a process for abatement to supplement remedies
available under other state or local laws and may be used in conjunction
with such other laws.
B.
Also, chronic nuisance properties are a financial burden to the City
by the repeated calls for service to the properties because of the
nuisance activities that repeatedly occur or exist on such properties.
This chapter is a means to ameliorate those conditions and hold responsible
the owners or persons in charge of such properties.
For purposes of this chapter, the following words or phrases
shall have the meanings prescribed below:
To repair, replace, remove, destroy, or otherwise remedy
a condition which constitutes a violation of this chapter by such
means and in such a manner and to such an extent as the applicable
City Administrator or designee determines is necessary in the interest
of the general health, safety and welfare of the community, including
but not limited to:
Restricting or limiting noise, loitering, parking or access
to the property, including posting the property with signs indicating
such restrictions;
Limiting the hours of operation of a business;
Closing the property for not less than 10 days nor more than
six months;
Entering premises for purposes of removing or compelling the
removal or destruction of the structure, thing, substance, condition
or property constituting a nuisance;
Filing a civil complaint in a court of competent jurisdiction.
Property on which three or more nuisance activities occur
within any thirty-day period, or five or more separate incidents listed
below within any sixty-day period, at least one of which separate
incidents must have resulted in a citation or arrest.
The ability to regulate, restrain, dominate, counteract or
govern property, or conduct that occurs on a property.
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, or giving away of
any controlled substance.
The owner, lessor, or subleasor of the dwelling unit or the
property of which it is a part, and, in addition, means any person
designated as a representative of the landlord.
Includes:
A nuisance as defined by state law or local ordinance occurring
around or near the property; or
Any of the following activities, behaviors or criminal conduct:
Stalking;
Discharge of a firearm in violation;
Minor in possession of alcohol;
Public urination or defecation;
[Amended 2-11-2019 by Ord. No. O-19-07]
Endangering the welfare of a minor;
Criminal mischief;
Harassment;
Failure to disperse;
Disorderly conduct;
Assault, including domestic violence assault;
Reckless endangerment;
Prostitution;
Patronizing a prostitute;
Begging;
Public consumption of alcohol;
Disorderly house, as prohibited by § 10-202 of the
Criminal Law Article of the Maryland Annotated Code;
Indecent exposure;
Lewd conduct;
Any firearms violation listed in Title 4 of the Criminal Law
Article of the Maryland Annotated Code;
Noise;
Loitering for the purpose of engaging in drug-related activity;
Drug-related activity;
Gang, as prohibited by Title 9 of the Criminal Law Article of
the Maryland Annotated Code; and
Any attempt to commit and/or conspiracy to commit any of the
above activities, behaviors or conduct.
Unruly social gatherings.
[Added 11-1-2021 by Ord. No. O-22-04]
Any person having any interest in the real estate in question
as indicated in the records of the Maryland Department of Assessments
and Taxation, or who establishes under this chapter his/her ownership
interest therein.
A natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization, limited
liability company, or the manager, lessee, agent, officer or employee
of any of them.
Any person who, on the occasion of a nuisance activity, has
entered, patronized, visited, or attempted to enter, patronize or
visit, or waited to enter, patronize or visit a property or a person
present on that property, including, without limitation, any officer,
director, customer, agent, employee, or any independent contractor
of that property, or a person in charge of or owner of that property.
Any person, in actual or constructive possession of a property,
including but not limited to an owner, occupant, agent, or property
manager of a property under his or her control.
May be used by this chapter interchangeably and means any
building, lot, parcel, dwelling, rental unit, real estate or land
or portion thereof.
Any structure or that part of a structure, including but
not limited to a single-family home, room or apartment, which is rented
to another and used as a home, residence, or sleeping place by one
or more persons.
A.
Any property within the City of Seat Pleasant which is a chronic
nuisance property is in violation of this chapter and subject to its
remedies.
B.
Any owner and person in charge who permits property to be a chronic
nuisance property shall be in violation of this chapter and subject
to its remedies and penalties.
C.
A failure of the owner or person in charge to provide for a discontinuance of nuisance activity on a property in accordance with §§ 114-4 and 114-8 is a municipal infraction, subject to a penalty for an initial violation of $500 to the responsible person and a warning to the owner of record; second violation of $1,000 to the responsible person and $500 to the owner of record; and third and subsequent violation of $1,000 to the responsible person and $500 to the owner of record and suspension or revocation of the occupancy permit for the property effective at the end of the current leasing period.
[Amended 11-1-2021 by Ord. No. O-22-04]
D.
Any person or persons who violate the provisions of this chapter
shall, upon conviction, be deemed a criminal offense punishable by
imprisonment or shall be fined an amount not to exceed $1,000 or shall
suffer punishment by imprisonment, or both, at the court's discretion.
[Added 2-11-2019 by Ord.
No. O-19-07]
A.
If three or more nuisance activities occur within a sixty-day period
on a property, the Chief of Police, or his designee, shall notify
the property owner at the address shown on the records of the Maryland
Department of Assessments and Taxation and the person in charge of
the property in writing that the property is in danger of being declared
a chronic nuisance property.
B.
The notice shall contain:
(1)
The street address or a legal description sufficient for identification
of the property;
(2)
A concise description of the nuisance activities that exist or that
have occurred on the property;
(3)
A demand that the owner or person in charge respond to the Chief
or his designee within 10 days of service of the notice to discuss
the nuisance activities and create a plan to abate the chronic nuisance;
(4)
Offer the owner and person in charge an opportunity to arrange for
the discontinuance of the nuisance activities giving rise to the violation;
and
(5)
A statement describing that if the nuisance activities are not discontinued
and legal action is sought, the nuisance activities would be subject
to abatement, the property could be subject to closure, and the violation
would constitute a municipal infraction commencing from the date of
the notice.
D.
If the owner or person in charge fails to respond to the notice within
the time prescribed, the Chief of Police or his designee shall post
such notice at the property and issue the owner and person in charge
a municipal infraction citation, to be served as required by Article
23A, § 3, of the Maryland Annotated Code.[1]
[1]
Editor's Note: Article 23A, § 3, of the Annotated
Code of Maryland, was repealed by Acts 2013, ch. 119, § 1,
effective October 1, 2013. See now the Local Government Article.
E.
If the owner or person in charge responds as required by the notice
and agrees to provide for the discontinuance of the nuisance activity,
the Chief of Police, or his designee, and the person in charge and/or
property owner, may work out an agreed upon course of action which
would result in the discontinuance of the nuisance activity. If an
agreed course of action does not result in the discontinuance of the
nuisance activity or if no agreement is reached, the Chief of Police
or his designee may issue the owner and person in charge a municipal
infraction citation, and the matter shall be forwarded to the City
Administrator for possible additional enforcement action, including
referral of the matter to the City Attorney to initiate a civil action
for injunctive and other relief.
F.
It is a defense to a municipal infraction citation issued under this
section that the owner or person in charge at all material times could
not, in the exercise of reasonable care or diligence, determine that
the property had become a chronic nuisance property or could not,
in spite of the exercise of reasonable care and diligence, control
the conduct leading to the determination that the property is a chronic
nuisance property.
G.
It shall be unlawful for any person to urinate or defecate in public
unless there is a place specifically designated for that purpose,
or in any other place where the person may be seen from a public thoroughfare
or public property.
[Added 2-11-2019 by Ord.
No. O-19-07]
H.
The Chief
of Police or their designee has the authority to enforce this chapter.
[Added 2-11-2019 by Ord.
No. O-19-07]
A.
Once the matter is referred to the City Attorney, the City Attorney
shall promptly review and make a recommendation to the City Administrator
whether to initiate an action for injunctive or other relief to abate
the nuisance activities at the property and to obtain for the City
such damages as may be appropriate. The City Administrator, in consultation
with the City Council, shall determine whether to authorize the City
Attorney to initiate legal action.
B.
If the court determines that the property is a chronic nuisance property,
the court shall also assess costs against the person in charge and/or
owner in the amount it costs the City to abate, or attempt to abate,
the nuisance activity.
C.
If the court determines that the property is a chronic nuisance property,
the court may order the property closed and secured against all unauthorized
access, use and occupancy for a period up to one year.
Nothing in this chapter prohibits the City of Seat Pleasant from taking any emergency action for the summary and temporary closure of a property when immediate closure is necessary to avoid an immediate threat to public health, welfare or safety. The City may take summary action to close the property without complying with the notification provisions of § 114-4, but shall provide such notice as is reasonable under the circumstances. The summary closure of a property shall last only as long as reasonably necessary to address the immediate threat to public health, welfare or safety that necessitated the closure.
If any portion of this chapter, or its application to any person
or circumstances, is held invalid, the validity of the article as
a whole, or any other portion thereof, or the application of the provision
to other persons or circumstances, is not affected.
[Added 11-1-2021 by Ord. No. O-22-04]
An unruly social gathering is declared a nuisance for purposes
of this chapter. It is unlawful for a property owner or any responsible
person to conduct, cause, aid, allow, permit, or condone an unruly
social gathering at a residence or other private property; a party,
event, or assemblage of eight or more persons at a residence or other
private property where:
A.
Alcoholic beverages are being furnished to, consumed by, or in possession
of any underage person in violation of state law; or
B.
Behavior or conduct is occurring that results in a substantial disturbance
of the peace and quiet enjoyment of private or public property, which
may include the following:
(1)
Excessive noise as prohibited in § 112 of the City Code;
(2)
Excessive traffic that is significantly above and beyond the normal
amount of pedestrian or vehicle traffic for the day, date, and time
of day for the neighborhood;
(3)
Use of an illegal controlled substance by any person at the gathering;
(4)
Obstruction of public streets or the presence of unruly crowds that
have spilled onto public streets;
(5)
Public drunkenness or unlawful consumption of alcohol or alcoholic
beverages;
(6)
Assaults, batteries, fights, or other disturbances of the peace;
(7)
Vandalism of public or private property;
(8)
Public urination or defecation;
(9)
Littering; or
(10)
Other conduct which constitutes a threat to the public safety,
quiet enjoyment of residential or other private property, or the general
welfare.
