Town of Somerset, MD
Montgomery County
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[HISTORY: Adopted by the Town Council of the Town of Somerset as indicated. Amendments noted where applicable.[1]]
GENERAL REFERENCES
Building construction — See Ch. 112.
Solid waste — See Ch. 164.
Streets and sidewalks — See Ch. 170.
Trees — See Ch. 182.
[1]
Editor's Note: The following sections of the 1989 Code, which were formerly included in this chapter, were repealed by Res. No. 5-19, 10-17-2019, eff. 11-12-2019: § 4-102, Grass and Weeds; § 4-103, Land Between Property; Sidewalks; § 4-105, Penalties.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOW-GROWING PLANTS
Grass, ground cover, flowers, and similar plantings maintained at a height of 12 inches or less.
SHRUBBERY
Woody, perennial plants having permanent stems branching from or near the surrounding ground level, any of which have a height of 12 inches or more from the ground to the top of the plant.
TREE
A perennial plant having a well-defined permanent, woody, self-supporting main stem or trunk, a more or less definite crown, a height at maturity of at least eight feet, and developing branches, as it matures, above the surrounding ground level.
B. 
Maintenance of public right-of-way.
(1) 
The owner of private property adjoining a public right-of-way shall maintain that portion of the right-of-way located between the lot line and the edge of the paved street in a safe and sanitary condition. Said owner shall not permit grass or weeds to grow within the right-of-way to a height in excess of 12 inches above the ground. Nothing herein shall be deemed to require an owner of private property adjoining a right-of-way to repair sidewalks or curbs located within the right-of-way.
(2) 
The owner of private property adjoining a public right-of-way shall not place any structure, wall, fence, tree, hedge, shrubbery, or any other plant growth, except low-growing plantings, within the right-of-way without a license to use the right-of-way issued by the Town. Any tree, hedge, shrubbery, or other plant growth located within the right-of-way on [__________-2018] may be maintained, but not replaced, provided that it does not interfere in any manner with pedestrian or vehicular traffic and is maintained in such a manner and at such height that a clear and unobstructed view is available to pedestrians and vehicle traffic.
(3) 
The owner of private property adjoining a public right-of-way shall not permit any structure, wall, fence, tree, hedge, shrubbery, or any other plant growth location on such owner's private property to extend into the right-of-way in such manner that interferes with pedestrian or vehicular traffic. Any structure, wall, fence, tree, hedge, shrubbery, or any other plant growth located on private property adjoining a right-of-way shall be maintained in such a manner and at such height that a clear and unobstructed view of the right-of-way is available to pedestrians and vehicular traffic.
C. 
Any structure, wall, fence, tree, hedge, shrubbery, or any other plant growth located within the public right-of-way, shall be removed by and at the expense of the owner and occupant of the abutting private property upon the request of the Town or its designee. The Town or its designee may request removal as a result of a violation of any provision of this Code or when otherwise deemed necessary for the public health, safety, or welfare, or for the public use of the right-of-way. The Town or its designee may take such action as is necessary to restore the right-of-way or return the right-of-way to a condition required by this section. The cost of any restoration or corrective action may be specially assessed against the abutting private property and collected with the property taxes or collected by a suit for damages.
D. 
Any person who violates any provision of this section or allows a violation of any provision of this section on his or her property shall be guilty of a municipal infraction and shall be jointly and severally subject to a penalty of $100 for each day that a violation exists. If a violation occurs, there shall be a rebuttable presumption that all owners of the property allowed the violation.
[Ord. No. 1-78, eff. 9-5-1978; amended by Ord. No. 1-91, eff. 4-29-1991; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-101, of the 1989 Code)]
It shall be unlawful for any person or persons to cast or throw, discharge or cause to flow into any of the streets, avenues or alleys of the Town, or on any vacant lot, or to keep, collect, use or suffer to remain on his or their premises any noxious liquid, stagnant water or other offensive matter; or to collect or transport any such matter in other than approved containers. Whatever is dangerous to life or health; whatever renders air or food or water or other drink unwholesome or unfit for use of man; whatever odor or exhalations are offensive to the inhabitants or dangerous to the public health; whatever accumulations of animal or vegetable matter, solid or liquid; whatever growth of rank vegetation, which are dangerous or hurtful to the neighborhood, or are likely to become so, are declared to be nuisances and unlawful.
[Ord. No. 1-78, eff. 9-5-1978; amended by Ord. No. 8-91, eff. 7-15-1991 (formerly Ch. 4, § 4-104, of the 1989 Code)]