[HISTORY: Adopted by the Mayor and Council of the City of
Hagerstown 3-18-2014 by Ord. No. O-14-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 95, Excessive Use of Police Services, adopted 11-28-2006
by Ord. No. O-06-31, as amended.
It is the intended purpose of the Mayor and Council of the City of Hagerstown by the adoption of this chapter to impose on and collect from the owner of a property the costs incurred for police and law enforcement services and code administration services which are over and above the costs of providing normal police protection, law enforcement and code administration services, if said excess costs are spent to abate a nuisance which has occurred or is maintained and permitted on the property. The collection of the costs for such excessive services shall be by assessment of a fee against the property upon which the nuisance occurs, pursuant to the authority contained Sections 401 and 402 of the City Charter and § 223-11 of the City Code authorizing the abatement of nuisances and the collection of costs by assessment against a property. Any assessment of a fee pursuant to this chapter shall be in addition to, and not in substitution of, the enforcement of any other provisions of the City Code or Maryland law.
As used in this chapter, the following terms shall have the
meanings indicated:
An independent hearing officer appointed by the Mayor with
approval of the City Council to review appeals of the application
of this chapter.
A single structure that consists of 25 or more separate units
used for residence or domicile purposes. "Apartment complex" shall
also include two or more multiunit residential structures under common
ownership and located on the same premises.
Any property where the occurrence or commission of behavior
which results in the following number of separate HPD qualifying calls
occurred at said property within any twelve-month period:
|
Type of Property
|
Minimum Number of Qualifying Calls
|
|---|---|
|
Commercial property
|
8
|
|
Residential property (1 or 2 units)
|
3, or 2 if at least 1 of which constitutes a felony under Maryland
law.
|
|
Multiunit residential structure (3-24 units)
|
4 total, or 3 to any individual unit within the structure, or
2 to any individual unit within the structure if at least 1 of which
constitutes a felony under Maryland law
|
|
Apartment complex (25-49 units)
|
6 total, or 3 to any individual unit within the complex, or
2 to any individual unit within the complex if at least 1 of which
constitutes a felony under Maryland law
|
|
Apartment complex (50-99 units)
|
8 total, or 3 to any individual unit within the complex, or
2 to any individual unit within the complex if at least 1 of which
constitutes a felony under Maryland law
|
|
Apartment complex (100-199 units)
|
10 total, or 3 to any individual unit within the complex, or
2 to any individual unit within the complex if at least 1 of which
constitutes a felony under Maryland law
|
|
Apartment complex (200-399 units)
|
12 total, or 3 to any individual unit within the complex, or
2 to any individual unit within the complex if at least 1 of which
constitutes a felony under Maryland law
|
|
Apartment complex (400 or more units)
|
14 total, or 3 to any individual unit within the complex, or
2 to any individual unit within the complex if at least 1 of which
constitutes a felony under Maryland law
|
"Chronic nuisance property" shall also mean any privately owned
property, regardless of type, at which there have been at least 3
Code Administration notices of violation issued within any twelve-month
period for a violation from among the following qualifying property
maintenance standards:
|
Chapter 64-8, Section 302.1, Sanitation.
|
|
Chapter 64-8, Section 302.4, Weeds.
|
|
Chapter 185, Nuisance Abatement (Weeds, Trash and Debris Abatement Ordinance).
|
The City of Hagerstown, Maryland.
The Planning and Code Administration Division of the Department
of Community and Economic Development of the City.
Property that is maintained, at least in part, for business
or commercial purposes.
Conduct consisting of any of the following:
|
Controlled dangerous substance or paraphernalia, possession
or sale;
|
|
Disorderly conduct;
|
|
Disturbing the peace;
|
|
Liquor law violation, public consumption or open container of
alcohol;
|
|
Loitering;
|
|
Loud noise complaint;
|
|
Prostitution;
|
|
Public urination or indecent exposure;
|
|
Undesirable, intoxicated or suspicious person; or
|
|
Any conduct which constitutes a felony under Maryland law.
|
"Disturbance" shall not include calls for service for domestic
violence issues.
The Hagerstown Police Department.
A structure that is maintained, at least in part, as a residence
or domicile. For purposes of this chapter, a multiunit residential
structure shall not include a property that has less than three separate
units used for residence or domicile purposes, nor shall it include
a property which qualifies as an apartment complex hereunder.
Personal service to any owner, or delivery by first-class
mail to any owner and posting of the subject property. The effective
date of such notice shall be the date upon which the notice is issued
by the City.
Any privately owned property within the corporate limits
of the City of Hagerstown. Any public or governmental property is
specifically excluded.
That a sworn officer of HPD has been dispatched to, responds
to, or otherwise comes upon a situation at a property as a result
of certain conduct of the owner, tenant, occupant, patron, guest,
or other person present with the implied or express permission of
the owner, at or about said property and HPD verifies that said conduct
qualifies as a disturbance as defined herein.
A property that is maintained, at least in part, as a residence
or domicile. For purposes of this chapter, a "residential property"
shall not include a property that has three or more separate units
used for residence or domicile purposes.
Whenever a qualifying call occurs and/or when a property qualifies
as a chronic nuisance property pursuant to this chapter, the City
shall issue a written notice to any owner of said property advising
the notice recipient of the following:
A.
A description of the property sufficient to reasonably identify the
premises.
B.
An itemization of the dates of all HPD qualifying calls and/or Code
Administration notices of violation and a brief description of the
related circumstances giving rise to the qualifying calls and/or notices
of violation.
C.
That a qualifying call has occurred and/or the property has been
deemed a chronic nuisance property for the assessment of fees pursuant
to this chapter for excessive use of City services.
D.
Properties deemed a chronic nuisance property shall have that designation
for one year from the date of such notice.
E.
That a fee in the amount of $100 for the first offense, $250 for
a second offense, and $500 for a third or subsequent offense shall
be imposed against the property for each HPD qualifying call occurring
or Code Administration notice of violation issued for a qualifying
property maintenance standard on, at or in the property while the
property is deemed a chronic nuisance property; and that any such
fee assessment shall be payable by the owner(s) of said property and
shall constitute a lien on the property to be collected as municipal
taxes are collected.
F.
That any affected owner shall have the right to appeal to the administrative
hearing officer in writing to contest the notice and to show cause
why the property should not be deemed a chronic nuisance property.
The City shall maintain and annually publish a list of those
properties currently deemed chronic nuisance properties as a result
of HPD qualifying calls by street address and property owner. The
City shall maintain a list of those properties currently deemed chronic
nuisance properties as a result of Code Administration qualifying
notices.
A.
The City shall issue against a property written notice of a fee assessment of $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense, for each HPD qualifying call or Code Administration notice of violation arising out of conduct or a condition on, at or in the property which occurs while the property is deemed a chronic nuisance property. Written notice of any such fee assessment shall be made to any owner of said property. Each HPD qualifying call or Code Administration notice of violation shall constitute a separate and distinct offense and shall give rise to a separate fee assessment. The fee assessment may be collected in the same manner as municipal taxes are collected pursuant to § 223-11 hereof.
Any owner of property directly affected by an action of the
City for a violation of this chapter shall have 30 days from the date
upon which notice is issued to file an appeal, in writing, to the
administrative hearing officer, stating why the action is invalid
or incorrect in whole or in part. The appeal shall be filed on the
form provided by the City and must be accompanied by an appeal fee
of $50. Failure to file such an appeal within the time frame required
shall render the determination of the City final. Upon a proper and
timely appeal, the administrative hearing officer shall schedule the
matter for a hearing within 45 days of the filing of said appeal.
The appellant shall be entitled to present evidence to the administrative
hearing officer at such hearing and shall have the burden of proving
that the action taken is invalid or incorrect, in whole or in part.
At the conclusion of the hearing, the administrative hearing officer
shall issue a final written decision on the validity of the action
taken, including such order which may allow for a reduction in the
fee assessment for good cause shown. Any aggrieved party may appeal
the decision of the administrative hearing officer to the Circuit
Court for Washington County within 30 days after the date upon which
a final written decision is issued.
