[HISTORY: Adopted by the County Commissioners of Allegany
County 12-14-2007 by
Bill No. 12-07,[1] effective 1-28-2008 (Ch. 192 of the 1984 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 360.
Salvage yards — See Ch. 446.
Vehicles and traffic — See Ch. 520.
[1]
Editor's Note: This bill also repealed former Ch. 192.
Junk Abatement, adopted 2-22-2007 by Bill No. 2-07, effective 4-8-2007.
A.
Purpose: an act to provide measures for the removal of inoperable
vehicles and/or other discarded junk material(s) from all private
or public property not licensed as a salvage yard.
B.
Authority. This chapter is authorized under the provisions of Article
25, § 122A, and Article 25B, § 13C, of the Annotated
Code of Maryland, 1957 Edition, as amended.
C.
Jurisdiction. This chapter shall apply to the unincorporated areas
of Allegany County, or a municipality at the request of the municipality
and subject to the approval of the Board of County Commissioners.
As used in this chapter, the following terms shall have the
meanings indicated:
An employee of Allegany County whose duties include inspection
and application of enforcement measures necessary to carry out the
terms of this chapter under the direction of the Division Chief.
An existing building with a continuous envelope defining
interior space, excepting only openings designed for doors or windows,
which is intended to secure said interior space for residential or
commercial use.
Post-consumer materials, such as old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel,
wood pallets or any other old or scrap or discarded material, or vehicles
or other conveyances that are inoperable, dismantled, partially dismantled
or deteriorated. With respect to automobiles and other motorized conveyances,
all such vehicles and or equipment must be readily operable, capable
of immediate usage without need of special mechanical assistance or
devices. Failure to start any vehicle upon request of the County shall
constitute a presumption of inoperability. Building materials stored
on site for an active or pending construction project, and subject
to the terms of a building permit, are not considered "junk" under
this definition.
A landowner, tenant, or any other person lawfully in possession
of any real property upon which is located any junk or any person
who is the current or most recent owner of any personal property meeting
the definition of "junk."
A.
No public right-of-way in the unincorporated area of the County shall
be used for the storage of junk. No lot or parcel of land in the unincorporated
area of the County shall be used for the storage of junk unless that
lot or parcel of land is part of a licensed salvage yard; or unless
the junk is stored within an enclosed structure; or unless such activities
are directly related to the daily operations of a lawfully operating
business, and shall only apply to materials located at the principle
location of said business.
B.
It shall be the obligation of the responsible party to properly store,
dispose of, or arrange for the disposal of any junk located on privately
owned property; or junk located on publicly owned property.
C.
It shall be the responsibility of the Maryland State Police or duly
authorized police agency to remove and dispose of abandoned vehicles
located on publicly dedicated rights-of-way or other public property,
in accordance with the Transportation Article, § 25-201
et seq., of the Annotated Code of Maryland.
A.
The Codes Inspector shall require the responsible party to remove
or properly store any junk located on private property, or junk on
public property, by written notice which shall give a thirty-day period
for compliance. The Codes Inspector shall have the authority to enter
upon and inspect any property other than enclosed structures when
the County has probable cause to believe that junk is located thereon.
This authority includes the right to make a pictorial record of any
junk and to measure the extent of any violation. The County Sheriff
shall assist with this inspection upon request. The Code Official
may commence abatement action or issue a civil citation in lieu of
sending a thirty-day notice in cases where previous violations for
the same owner and property were subject to similar enforcement action.
B.
Any responsible party given proper notice who does not comply within
the thirty-day period given shall be subject to the County abating,
at the owner's cost, by court order or by administrative hearing
provided by the County, the violation and/or be issued a civil citation,
and/or criminal summons subject to the County abating, at the owner's
cost, pursuant to authority granted by Article 25B, § 13C
and Article 25, § 122A, of the Annotated Code of Maryland.
The following violations are deemed to be civil infractions:
(1)
Class A: The storage of junk, as defined herein, which may include
one inoperable, dismantled, partially dismantled or deteriorated vehicle
as part of the junk, on site, and the owner does not abate the violation
within 30 days of receipt of the notice to abate the violation.
(2)
Class B: The storage of junk, as defined herein, which includes between
two and five inoperable, dismantled, partially dismantled or deteriorated
vehicles as part or all of the junk, on site, and the owner does not
abate the violation within 30 days of receipt of the notice to abate
the violation.
(3)
Class C: The storage of junk, as defined herein, which includes six
or more inoperable, dismantled, partially dismantled or deteriorated
vehicles as part or all of the junk, on site, and the owner does not
abate the violation within 30 days of receipt of the notice to abate
the violation.
C.
All civil citations shall be processed in accordance with Article
25B, § 13C, of the Annotated Code of Maryland. Each day
that a violation exists is considered a separate offense. Repeat violations
for the same offense can result in a fine of up to $1,000.
D.
A schedule of fines for civil infractions shall be established by
the Allegany County Commissioners from time to time by resolution.
All such fines when paid shall become the property of Allegany County.
E.
Abatement:
(1)
In addition to any other remedy provided for herein, the County may
seek abatement of any violation of this chapter or may contract for
said abatement. Prior to said abatement, the following shall occur:
(a)
Notices provided for in Subsection B shall have been provided to the responsible party, including a notice that abatement may be pursued.
(b)
More than 30 days have transpired since notice was given and
the violations have not been corrected.
(c)
The responsible party has received an additional notice sent
not sooner than 30 days after the original notice advising that abatement
will be pursued and said second notice shall advise that an administrative
hearing may be requested within 10 days of receipt of the second notice.
(d)
More than 10 days have elapsed since receipt of the second notice
and no administrative hearing has been held, or an administrative
hearing has been held and the hearing officer has determined that
abatement is appropriate.
(2)
In the event that abatement is undertaken, the cost of the abatement
shall be at the responsible party's expense. Notice of the expense
shall be provided to the responsible party in writing. If the expense
is not paid to the County within 30 days of the receipt of the notice,
then the amount owed shall be a lien upon the property after filing
of notice of lien in the land records of the Clerk of the Circuit
Court for Allegany County, Maryland.
(3)
The Board of County Commissioners of Allegany County may adopt policies
and procedures for an administrative hearing process prior to ordering
the abatement of a violation of the Code.
F.
The County or any citizen may institute injunction, mandamus, or
other appropriate actions, or proceedings at law or equity for the
enforcement of violations or to correct violations; and any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus, or other appropriate
forms of remedy or relief.