[HISTORY: Adopted by the Mayor and Council of the Town of Lonaconing as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2014 by Ord. No. 02-2014]
A. 
It shall be unlawful for any owner, occupant, or person in control of any lot or parcels of land within the Town of Lonaconing to fail to control on any such lot or parcel of land any noxious weeds,* ragweed, poison ivy, poison oak, or poison sumac. (*Those plants listed in § 9-401 of the Agriculture Article of the the Annotated Code of Maryland, as amended from time to time.)
B. 
Such weeds may be destroyed by spraying with a chemical compound, by cutting or removal, by plowing under, or by such other method recommended by the University of Maryland Cooperative Extension Service.
It shall be unlawful for any owner, occupant, or person in control of any lot or parcels of land within Town of Lonaconing to allow or maintain on any such lot or parcel of land any growth of grass, weeds, or rank vegetation to a height over 12 inches (excepting trees, shrubs, and plants of an ornamental, incidental nature).
A. 
The height requirement contained in § 154-2 may be modified at the discretion of the Mayor and Council.
B. 
Exempt from the terms of this article are naturally wooded areas, property in bona fide agricultural use, umimproved areas of more than three acres, areas publicly owned and maintained as natural areas, and private open space areas covenanted within the Town of Lonaconing as recreational areas to be maintained in their natural state.
Any owner, occupant, person, corporation, partnership, or association in control of any lot or parcel of land within the Town of Lonaconing who or which shall fail to comply with any of the provisions of this article shall, upon conviction thereof, be fined in any such instance not exceeding $20. Each day of violation shall constitute a separate offense.
A. 
Notwithstanding the penalty contained in § 154-4 and in addition thereto, when a representative from the Town of Lonaconing ascertains that the owner, occupant, or person in control of any lot or lands within the Town of Lonaconing has allowed or maintained on such lot or lands any growth of weeds or rank vegetation to a height over 12 inches or that noxious weeds, as set forth in § 154-1, are growing on land within the Town of Lonaconing, he shall cause written notice to be served upon the owner, lessee, agent or tenant having charge of any lot or lands within the Town of Lonaconing that weeds or rank vegetation has been allowed to grow to a height exceeding 12 inches and that such weeds or other vegetation must be cut to a height not exceeding five inches, or that noxious weeds are growing on such lands and that they must be destroyed, and that the cutting of such weeds or rank vegetation or the destruction of noxious weeds must be commenced within five days after the service of such notice. If any such order of the representative from the Town of Lonaconing issued under the authority of the provisions of this section is not complied with within 10 days after the service thereof, then the Town of Lonaconing may cause said growth of weeds or rank vegetation to be cut to a height not exceeding five inches or shall cause said noxious weeds to be destroyed. If the Town of Lonaconing cuts the vegetation, the owner of said lot or land shall pay the greater of the expense incurred incident to said order or $200, and the amount until so paid shall be a lien upon the realty and recoverable as other liens on realty in the Town of Lonaconing.
B. 
Service of the notice provided in Subsection A to a property owner or persons within the Town of Lonaconing may be made by registered mail or by a designated representative of the Town of Lonaconing. If the owner or other person having charge of such lands is a nonresident whose address is known, such notice shall be sent to that address by registered mail. If the address of any owner or person having charge of such lot or lands cannot be located after diligent search, it shall be sufficient to post such notice on the lot or land.
The adoption of this article shall not discharge, impair or replace any contract, obligation, duty, liability or penalty whatever existing on the date of its enactment. All suits and actions, both civil and criminal, pending or which may hereafter be instituted for cause of action now existing or offenses already committed against any law or ordinance repealed by this article shall be instituted, proceeded with and prosecuted to final determination and judgment as if this article had not become effective.