This chapter is enacted for the purpose of defining and regulating
conditions which constitute a public nuisance, providing for progressive
enforcement of the provisions of this chapter, and designating penalties
for maintaining or creating a nuisance condition in the unincorporated
areas of Allegany County, Maryland, and the incorporated municipalities
of Barton and Lonaconing.
As used in this chapter, the following terms shall have the
meaning indicated:
ABATE
To repair, replace, remove, destroy or otherwise remedy the
condition in question by such means and in such a manner and to such
an extent as the local enforcement official determines is necessary
in the interest of the public peace, safety, health and welfare of
the community.
AGRICULTURAL OPERATION
Any operation devoted to the bona fide production of crops,
animals, or fowl; including, but not limited to, the production of
fruits and vegetables of all kinds; meat, dairy, poultry and fish
products; nuts, tobacco, nursery and floral products, and the production
and harvest of products from silviculture activity.
BUILDING MATERIALS
Includes lumber, plumbing materials, wall board, sheet metal,
plaster, siding, brick, cement, asphalt, concrete block, roofing material,
cans of paint and similar materials.
LOCAL ENFORCEMENT OFFICIAL
The Director of Environmental Health or designee who has
the authority and responsibility to enforce the provisions of this
chapter.
NUISANCE
Includes:
A.
Any condition that may adversely affect the public health, such
as an unsanitary animal enclosure, an improperly functioning sewage
system, an excessive accumulation of trash or garbage, dead animals,
a contaminated water supply, an inadequately protected water supply,
and an accumulation of any material constituting a mosquito or vermin
harborage.
B.
Any condition that may endanger health through the spreading
of the condition by any means, including by streams, surface drainage,
air currents, winged life, domestic animals, or human beings.
C.
Open burning of unapproved materials, or open burning of materials
without a valid permit issued by the Allegany County Health Department.
D.
The existence of any of the following conditions, in addition to Subsections
A and
B:
(1)
Accumulation of manure, garbage or rubbish, except a compost
pile properly maintained so as not to affect the health or safety
of adjoining property;
(2)
Burning of refuse, sawdust, wood, leaves, stumps or other materials
in such a manner as to cause or permit dense smoke, noxious fumes,
ashes, soot or gases arising from such burning to become injurious
to the health, comfort or repose of any person or neighborhood; except
for normal emissions created during startup of a properly installed,
maintained and operated wood-burning or incineration device;
(3)
Practices or operations which engender fugitive dust, particulate
matter, gases, or noxious fumes to become injurious to the health,
comfort or repose of any person or neighborhood;
(4)
An accumulation of stagnant water providing harborage or breeding
areas for mosquito larvae;
(5)
Improper handling, storage, or disposal of any substance poisonous
or harmful to persons or animals;
(6)
The keeping, using or maintaining of any pen, stable, lot, place
or premises in which animals may be confined or kept, in such a manner
as to be noxious to any considerable number of persons, except for
bona fide agricultural or silvicultural uses;
(7)
Any noxious, foul, or putrid liquids or substances to be discharged,
placed or thrown upon or to flow from or out of any premises into,
or upon, any adjacent premises, stream or waterway, or any ditch or
public right-of-way;
(8)
Any other conditions which are determined by the local enforcement
official to be in violation of the standards and requirements of this
chapter and detrimental to the public safety, health and welfare.
REPEAT VIOLATION
A violation of the same regulation by the same person within
the immediately succeeding twelve-month period, or a failure to comply
with a voluntary consent agreement or an abatement order regarding
the initial violation within the stated time set forth in such a contract.
RESPONSIBLE PARTY
Any agent, property owner, tenant, or any other person occupying
or having charge or lawful control of any real property where a nuisance
condition is determined to exist.
In order to limit the circumstances under which agricultural
operations may be deemed to be a nuisance, especially when nonagricultural
land uses are initiated near existing agricultural operations, no
agricultural operation or any of its appurtenances shall be or become
a nuisance, private or public, if such operations are conducted in
accordance with existing best management practices and comply with
§ 5-403(c) of the Courts and Judicial Proceedings Article
of the Annotated Code of Maryland and local laws. The exemptions specified
in this section shall not apply whenever a nuisance results from the
negligent or improper operation of any agricultural operation or its
appurtenances, nor shall these exemptions supersede any restrictions
or requirements of farming operations set forth in other County regulations.
Allegany County shall have a lien for any monetary penalty imposed
and all other related costs, including administrative penalties, attorney
and expert witness fees, against the real property on which the monetary
penalty was imposed. The lien shall be subordinate to all previously
existing special assessment liens imposed on the same property and
shall be superior to all other liens, except for state and County
taxes, with which it shall be on a parity.
A. The County Attorney shall cause a claim for lien to be filed for
record within 90 days from the later of the date that the monetary
penalty is due or the date the nuisance is abated.
B. The claim of the lien shall contain sufficient information regarding
the notice of civil violation, a description of the property to be
charged with the lien and the owner of record, and the total amount
of the lien.
C. Any such claim of lien shall be verified by the local enforcement
official, and may be amended from time to time to reflect changed
conditions.
D. No such liens shall bind the affected property for a period longer
than three years without foreclosure or extension agreed to by the
property owner.
The provisions of this chapter are not exclusive and may be
used in addition to other enforcement provisions authorized by applicable
Allegany County Code Home Rule Articles, the Annotated Code of Maryland,
and/or Code of Maryland Regulations (COMAR).