[Adopted 10-7-2008 (Ch. 11, Title 9, of the 2004 Code)]
[Amended 3-4-2014]
It is the intended purpose of the Mayor and Council of the Town of Smithsburg by the adoption of this article to impose on and collect from the owner of a property the costs incurred for police and law enforcement services which are over and above the costs of providing normal law enforcement services and police protection, 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 police services shall be by assessment against the property upon which the nuisance occurs, pursuant to the authority contained in Section 31-20 of the Town Charter, § 5-205 of the Local Government Article of the Annotated Code of Maryland and Chapter 343, Article II, of the Town Code authorizing the collection of municipal charges by assessment against a property. Any assessment pursuant to this article shall be in addition to and not in substitution of the enforcement of any other provisions of the Town Code or Maryland law.
As used in this article, the following terms shall have the
meanings indicated:
A three-member panel consisting of two members each representing
and appointed by the Mayor with the approval of the Council, plus
one ex officio member. The members shall be the Zoning Administrator,
ex officio, one Councilperson and one member who is a citizen of the
Town, plus one alternate member who is a citizen of the Town. The
panel shall be known as the "Excessive Calls Appeals Board" (hereinafter
the "Board"). The term of the members of the Board who are not ex
officio members shall be three years, with the first such terms ending
on October 1, 2011, or, in case of the Councilperson, when that person's
Council term expires, whichever first occurs.
Real property that is maintained, as least in part, for business
or commercial purposes.
The Smithsburg Police Department.
Conduct consisting of any of the following:
Controlled dangerous substance or paraphernalia use, possession
or sale;
Disorderly conduct;
Disturbing the peace;
Liquor law violations, public consumption or open container
of alcohol;
Littering;
Loud noise compliant;
Loitering;
Prostitution;
Public urination or indecent exposure; or
Undesirable, intoxicated or suspicious person.
A property that is maintained, at least in part, as a residence
or domicile. For purposes of this article, "multiunit residential
property" shall not include a property that has fewer than four separate
units intended for use for residential or domicile purposes, whether
or not the same are actually so used.
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 the notice is issued by the
Town.
Applies to any property where the occurrence or commission
of behavior results in the following number of separate qualifying
calls to said property within any six-month period:
[Amended 5-5-2015 by Ord.
No. 2015-01]
|
Type of Property
|
Minimum No. of Qualifying Calls
| |
|---|---|---|
|
Commercial property
|
10
| |
|
Residential property
|
10
| |
|
Multiunit residential property
|
10
|
Any privately owned property within the corporate limits
of the Town of Smithsburg. Any public or governmental property is
specifically excluded.
A sworn officer of the Department 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, guest,
or other person present with the express or implied permission of
the owner at or about said property and 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 article, a residential property
shall not include a property that has four or more separate units
intended for use for residential or domicile purposes, whether or
not the same are actually so used, nor shall it include any commercial
property as defined in this section.
Whenever a property located in the Town qualifies as a probationary
nuisance status property pursuant to this article, the Town 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 date of all qualifying calls and a brief description
of the related circumstances giving rise to the qualifying calls.
C.
That the property has been placed on probationary nuisance status
for the assessment of charges pursuant to this article for excessive
police calls.
D.
That the property will remain on probationary nuisance status for
one year from the date of such notice.
E.
That the assessment shall be in the amount of $100 for the first
offense and a like amount for the second offense; subsequent offenses
are subject to an increased assessment of no more than $750 per offense,
subject to an minimum assessment of $100 per offense. Assessments
shall increase at the rate of $50 per assessment after the second
assessment. Assessments for each offense shall be imposed against
the property for each qualifying call occurring at the property while
the property is on probationary nuisance status. Any such assessment
shall be payable by the owner(s) of said property, and the total of
such outstanding assessments shall constitute a lien on the property
to be collected as municipal real property taxes are collected.
F.
That any affected owner shall have the right to appeal to the Board
in writing to contest the notice, to show cause why the property should
not be in probationary nuisance status, or to show cause why the total
assessments for qualifying calls should be reduced.
The Department shall maintain a list of those properties on
active probationary nuisance status by street address and property
owner.
The Department shall issue against a property written notice
of the assessments for each qualifying call occurring at the property
while the property is on probationary nuisance status. Written notice
of any such assessment shall be made to any owner of the property.
Each qualifying call shall constitute a separate and distinct offense
and shall give rise to a separate assessment. The total amount of
the assessments may be collected in the same manner as municipal taxes
are collected pursuant to other provisions of the Town Code or other
Maryland law.
Any owner of property against which probationary nuisance status
is noted or against which an assessment is made pursuant to this article
shall have 30 days from the date upon which notice is issued to file
an appeal in writing with the Board stating why the probationary nuisance
status or the assessment is invalid or incorrect, in whole or in part,
or requesting that an assessment be reduced for good cause shown.
The appeal shall be filed on a form provided by the Department 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 Department final. Except as hereinafter provided, upon a proper
and timely appeal, the Board shall schedule the matter for a hearing
within 45 days of the filing of the appeal. In case of an appeal requesting
that an assessment be reduced for good cause shown, the Board, with
the written consent of the owner to a rescheduling, may reschedule
the hearing for such time as the Board determines is reasonably necessary
to enable the owner to demonstrate good cause, or the Board may reserve
that issue for determination at a later hearing. The appellant shall
be entitled to present evidence to the Board at such hearing(s) and
shall have the burden of proving that the probationary nuisance status
and/or the monetary assessment is invalid or incorrect, in whole or
in part, or should be reduced for good cause shown. Following the
conclusion of the hearing and its deliberations, the Board shall issue
a final written decision on the validity of the probationary nuisance
status and/or monetary assessment, including such order which may
allow a reduction in the monetary assessment for good cause shown.
Any aggrieved party may appeal any final decision of the Board to
the Circuit Court for Washington County, Maryland, within 30 days
after the date upon which that final written decision is issued.
