[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were formerly included in this chapter, were repealed by Res.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.
LOW-GROWING PLANTS
SHRUBBERY
TREE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Grass, ground cover, flowers, and similar plantings maintained
at a height of 12 inches or less.
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.
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)]
|
The owner of any main building presently existing or constructed
in the future must display the house number in accordance with Montgomery
County Code Section 22-97, as amended or replaced.
|
[Res. No. 11-22-1, 1-9-2023, eff. 2-28-2023]
|
