As used in this chapter, the following terms shall have the
meanings indicated:
GARBAGE
All organic waste, consisting of the residue of animals,
fruit or vegetable matter, resulting from the preparation, cooking,
handling, or storage of food, exclusive of human or animal feces.
INOPERABLE MOTOR VEHICLE
A vehicle that cannot be driven upon the public streets for
reasons, including but not limited to being unlicensed, wrecked, abandoned,
in a state of disrepair, or incapable of being moved under its own
power.
[Added 10-27-2003 by Ord. No. 03-03]
JUNK
Any scrap copper, brass, rope, rags, batteries, paper, trash,
rubber, debris, waste, iron, steel, and any other scrap material.
[Amended 10-27-2003 by Ord. No. 03-03]
NUISANCE
The existence of any of the prohibited conditions enumerated
in this chapter.
REFUSE
Any ashes, garbage, rubbish, junk, industrial waste, motor
drain oil, dead animals and all other solid waste materials, including
salvageable waste.
RESIDENTIAL AREA
An area having an average of 40,000 square feet or less per
dwelling unit.
RUBBISH
All refuse other than garbage, whether combustible or noncombustible,
and such forms shall include but are not limited to the following:
rubbish from building construction or reconstruction, dead trees,
uprooted trees, stumps, slash, rubble, street refuse, abandoned automobiles,
household appliances, machinery, bottles, cans, wastepaper, cardboard,
sawdust piles and slash remaining from abandoned sawmill operations
and all other waste materials and unsightly debris from any industry.
UNFIT STRUCTURE
Any vacant dwelling, building or part thereof which constitutes
a hazard to the safety, health or welfare of the public because it
is in disrepair, unsanitary, vermin infested or rodent infested.
WEEDS
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
[Amended 10-27-2003 by Ord. No. 03-03]
The owner, owners, or occupant of any premises within the Town
of Galena shall be responsible for the sanitary condition of the premises
occupied, and it shall be unlawful for any person to place, deposit,
or voluntarily allow to be placed or deposited on their premises any
matter which constitutes a nuisance under the terms of this chapter.
It shall be unlawful to deposit upon any lands in the Town of
Galena any hazardous substances, as defined and identified in Environment
Article, Title 5, Subtitle 10, of the Annotated Code of Maryland,
except for material originating in or delivered from lands within
the territorial boundaries of Kent County.
[Amended 10-27-2003 by Ord. No. 03-03]
A. It shall be unlawful for the owner or owners of any property within
the corporate limits of the Town of Galena to allow the existence
of lawns with weeds or grass more than 10 inches in height upon such
property in any residential area within 200 feet of a habitable dwelling
in the Town except areas noted as official wetlands or isolated by
official wetlands, agricultural lands, and forests. All noxious weeds
shall be prohibited.
B. The owner or owners of any property within the Town shall remove
all trash, waste material, garbage, offensive and dirty material,
and other junk as defined in this chapter, including weeds, briars,
and brush more than one foot tall, on any private property within
200 feet of any habitable dwelling or any public or private streets,
alleys, lanes, or any other public property in the Town.
C. It shall be unlawful to allow the presence of garbage or junk, as
defined in this chapter, on any property in the Town in excess of
30 days.
D. It shall be unlawful to store garbage, refuse, or junk, as defined
in this chapter, in any unsafe or unsanitary manner.
E. It shall be unlawful for the owner or owners of any property within
the corporate limits of the Town of Galena to allow the presence of
garbage, refuse, junk, weeds, grass, or foliage of any kind in and
around any fire hydrant in such a manner that such presence conceals
or obstructs the view of the fire hydrant.
[Added 4-1-2019 by Ord.
No. 2019-02]
[Amended 10-27-2003 by Ord. No. 03-03]
A. It shall be the duty of the Town Administrator or his designee to notify the owner or owners of any property where there exists such public nuisance or nuisances, as described in §
131-6 of this chapter, to remove such nuisance within 10 days, inclusive of Sundays and holidays, after the date of such notice. Such notice shall be given by placing the same in the United States mail, addressed to the last known address of such person or persons and with sufficient postage, prepaid, or by any other manner deemed equally suitable by the Town Administrator.
B. Upon failure of said owner to remove said public nuisance within
the specified time, the nuisance shall be removed by the Town and
the cost thereof be charged to said owner unless cause to the contrary
be shown by filing objections, in writing, with the Town Administrator
on or before the expiration date of such notice.
C. If such written objections are filed, it shall be the duty of said
owner to appear before the meeting of the Mayor and Council at its
next meeting, when a public hearing shall be accorded to said owner.
D. If said public nuisance is not removed within the time specified
in such notice, and no written objections have been filed or overruled
by the Mayor and Council, the Town Administrator shall cause the public
nuisance to be removed, and he is authorized to incur the necessary
expense in so doing, and shall place a charge against the proper person
or persons for such cost and proceed to collect the same by entering
same on the tax records as a tax upon such real estate, or by a suit
in a court of competent jurisdiction if deemed necessary, or both.
E. After the first notice is issued to a property owner, for any subsequent violation the property owner will receive an automatic municipal infraction and be fined, at the discretion of the Mayor and Council, as defined in §
131-8, Violations and penalties, of this chapter.
[Amended 10-4-2010 by Ord. No. 10-03]
[Amended 12-5-1994 by Ord. No. 94-3]
Any person, firm or corporation who fails to abate a nuisance,
as defined in this chapter, shall be guilty of a municipal infraction
and shall be fined not less than $25 nor more than $100. Each day
that a violation continues shall constitute a separate violation.