This chapter shall be known and may be cited as the "City of
Hagerstown Weeds, Trash and Debris Abatement Ordinance."
It is hereby declared and ordained by the Mayor and Council
of the City of Hagerstown to the public policy of the City to preserve,
protect, and improve the aesthetic nature of the community and to
prevent and prohibit conditions existing which shall be detrimental
to the property of others or which cause or tend to cause substantial
diminution in the value of properties in the City.
As used in this chapter, the following terms shall have the
meanings indicated:
NUISANCE
Any condition or use of premises or property, to include
the public right-of-way, which is detrimental to the property of others
or which causes or tends to cause substantial diminution in the value
of property in the neighborhood in which such premises are located.
For purposes of this section, such a condition includes, but is not
limited to, uncontrolled weeds, grasses or other vegetation commonly
referred to as "weeds" on the premises or right-of-way, uncontrolled
vines and overgrown shrubs and trees on the premises or public right-of-way,
the keeping, maintaining or depositing on, or scattering over the
premises or public right-of-way of trash, debris, rubbish, garbage,
weed cutting, or other similar material, and the scattering of leaves
over the public right-of-way.
[Amended 5-15-2018 by Ord. No. O-18-06]
PERSON
Any individual, partnership, firm, corporation, association
or other legal entity of whatsoever kind and nature. The person shall
include the owner(s), tenant(s), lessee(s), occupant(s) and/or person(s)
in charge of or using the property.
Upon the determination by the City Administrator, City Engineer or duly authorized representative thereof that a nuisance as defined by this chapter exists and that said nuisance poses an immediate threat to the health and safety of the public, the City Administrator, City Engineer or their duly authorized representative may order that the violation be summarily abated. Prior to any summary abatement, the premises shall be posted with a notice that a violation exists and a demand that said violation be abated within 24 hours. Failure of the owner, occupant or user of the premises or property to abate the violation within 24 hours shall result in the violation being abated by the City, and costs and fees being assessed against the owner, occupant or user of the premises or property in accordance with §
185-5C.
In addition to the penalties described herein, if any person
allows a nuisance as defined in this chapter to exist, or shall fail
to abate any said nuisance after proper notice, such person shall,
upon conviction thereof, be guilty of municipal infraction and shall
be fined in an amount not to exceed $500 for each offense. A separate
offense shall be deemed committed on each day during or on which said
nuisance is permitted to exist.