[HISTORY: Adopted by the Mayor and Council
of the Town of Snow Hill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-12-1998 by Ord. No. 1998-4]
A.
Any person who has under his or her management or
control any building, room, space, land or enclosure, either as an
owner, lessee, agent, employee or mortgagee, who knowingly rents,
leases or makes available for use, with or without compensation, the
building, room, space, land or enclosure, for the purposes of unlawfully
manufacturing, storing, distributing or using any controlled dangerous
substance as defined by Article 27 of the Annotated Code of Maryland
shall be guilty of a municipal infraction and subject to a fine of
$100 for a first violation and a fine of $300 for each subsequent
violation, plus any attorney's fees, process fees and court costs,
if any.
B.
Any person who has under his or her management or
control any building, room, space, land or enclosure, either as an
owner, lessee, agent, employee or mortgagee, who knowingly rents,
leases or makes available for use, with or without compensation, the
building, room, space, land or enclosure to a person or group of people,
where complaints of excessive noise in violation of the town's Noise
Ordinance,[1] or disturbances to the public peace, including acts of
disorderly conduct, or where other acts in violation of the laws of
the State of Maryland or violations of the Snow Hill Town Code are
routinely engaged in, shall be guilty of a municipal infraction and
subject to a fine of $100 for a first violation and a fine of $300
for each subsequent violation, plus any attorney's fees, process fees
and court costs, if any.
(1)
"Routinely engaged in" is defined as four or more
violations in any thirty-day period of time, or more than eight times
in any twelve-consecutive-month period; or in the case of a rental
of any commercial or private facility or hall for the purposes of
any party or event, to the same or substantially the same group who
has committed violations three or more times in the past.
A.
For a conviction or a violation of this article, the
owner, lessee, agent, employee or mortgagee must either have firsthand
knowledge of these activities or be served a written notice of warning
by the Police Department. [1] The notice shall either be served in person or by mailing
a notice by first class mail to the last known address and posting
the property in a conspicuous manner. This article shall be enforced
by the Police Department.
B.
It is not necessary for an arrest and conviction to be made in each incident in order to initiate a prosecution under this article for a violation under § 134-1B of this article. It shall be sufficient to show documentation that complaints were verified by responding police officers; or, in the case of § 134-1A, that drugs were purchased from the premises by controlled purchases using confidential informants, or by undercover police officers, in the same manner as to obtain a search warrant in this state.
C.
The standard of proof for conviction under this article
shall be a preponderance of the evidence.
D.
Continuing violations. If a property owner or other responsible person as identified in § 134-1A or B fails to take immediate steps to evict those person(s) as required by this article, the responsible person shall be fined as provided above. Each additional thirty-day period of time that the responsible person fails to initiate or continue the eviction proceedings shall constitute a separate and subsequent violation. Failure or refusal to pay the fine may result in the filing of a lien against the property. Nothing contained in this article shall impair any other right or course of action available to the town, including seeking an injunction or other court order.
A.
All rental contracts issued by landlords registered
to lease or rent apartments, buildings and land in the Town of Snow
Hill as required by the Town Code [1] shall include the following rules providing for eviction
of tenants as a breach of contract within 30 days, or less if allowed
by law. Any existing contracts shall include these provisions as an
additional clause at the beginning of the next rental period following
final passage of this article.
B.
Failure of the responsible person to make such modifications
or additions as specified herein shall result in a suspension of their
rental certificate issued by the Town of Snow Hill and/or a fine of
$100 per month per apartment or rental unit found in noncompliance.
Upon request, a responsible person shall provide a blank copy of the
lease used for any unit rented in Snow Hill for inspection.
C.
Sample notice to tenant.
Notice To Tenant Concerning Illegal Conduct
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Violations of these rules shall subject the
tenant to immediate grounds for eviction within 30 days, regardless
of the length of contract (or sooner, if allowed by law).
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1. Residents shall not distribute, manufacture,
possess, store or consume any controlled dangerous substance in violation
of the laws of the State of Maryland.
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2. Residents shall not cause disturbances that
are a source of excessive calls for police services, or routinely
engage in violations of the laws of the State of Maryland or the Code
of the Town of Snow Hill as specified by Ordinance 1998-4.
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3. Resident(s) shall be held responsible for
failing to reasonably ensure that their guests, including anyone they
allow to remain in or on their unit, do not violate Sections 1 or
2 above.
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________________
Date
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Resident/Tenant
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________________
Date
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Resident/Tenant
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________________
Date
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Landlord/Owner/Agent
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The following is a sample letter of notice to
the property owner:
(Letterhead)
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(Date)
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Notice of Warning For Control of a Building
Used for Drugs or Crime
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(Name)
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(Address)
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Dear Sir/Madam,
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You are hereby notified that your property,
located at _______________, Snow Hill, Worcester County, Maryland
has been found to be in violation of Snow Hill Town Ordinance Number
1998-4.
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The cause of this violation is:
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If you continue to rent to these person(s) or
allow the use of your property to be used in this manner you will
be liable for a fine of $100 for a first offense, and a fine of $300
for a second or subsequent offense. The Snow Hill Police Department
will work with you to correct this problem if you so desire. The department's
address and phone number is: 103 Bank Street, Snow Hill, MD. 21863,
phone number (410)632-2444.
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____________________________
Police Officer,
Snow Hill Police Department
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[Adopted 7-12-2016 by Ord. No. 2016-01]
A.
The purpose of this article is to establish a mechanism to protect
residential and commercial neighborhoods from becoming blighted through
lack of adequate maintenance and to ensure the security of vacant
properties.
B.
The provisions of this article are in addition to and not in lieu
of any other applicable provision of the Town of Snow Hill Code of
Ordinances.
The following terms shall have the meaning indicated, unless
the context clearly indicates a different meaning:
Any building or portion thereof, along with the lot on which
it exists, that poses a serious or immediate danger to the health,
safety or general welfare of the public or is not being maintained,
is dilapidated, or is an obvious nuisance as deemed by the Code Official.
Examples include, but are not limited to, missing or boarded windows
or doors; collapsing or missing walls, roofs or floors; seriously
damaged or missing siding; structurally faulty foundations; garbage,
trash or abandoned/unregistered vehicles on premises; overgrown diseased,
dead or decayed trees, weeds and vegetation; unmaintained swimming
pool, pond, or other body of water; graffiti; fire damage; harbors
vermin or other animal nuisances.
A building or structure where, in place of one or more exterior
doors, other than a storm door or of one or more windows, there is
plywood or similar material covering the space for such door or window
so that a door or window is secured.
Any combination of materials having a roof and enclosed within
exterior walls or firewalls, built to form a structure for the shelter
of persons or property, excluding accessory structures that are incidental
to the principal structure located on the same lot.
Any area within a building that may be individually leased
or rented for commercial use.
A condition that on its own or combined with other conditions
would reasonably be believed that the property is vacant, which includes,
but is not limited to, overgrown or dead vegetation; accumulation
of newspapers, circulars, or mail; past due utility notices or disconnected
utilities; accumulation of trash or debris; absence of window coverings
(curtains, blinds); absence of furnishings or personal items associated
with residential habitation; and statements from neighbors, delivery
agents, government officials, etc. that the property is vacant.
A building or structure where one or more persons actually
conducts a lawful business in all or any part of the building as the
licensed business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this article, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, proof of continual electric, gas, heating, and water and sewer
services.
Any person, beneficiary, co-partnership, association, trust,
corporation or fiduciary having a legal or equitable title or interest
in any real property.
The person or legal entity having a recorded title to the
property that has, at any given time, been recorded in the Maryland
Land Records.
This plan identifies the owner's plans for the building
or structure; its current status; and the measures in place to ensure
that the building is secured and how it will be maintained, in compliance
with applicable Town Codes.
A building or structure that has a permanent door or window
in each appropriate building opening that is secured to deter vandalism
and unauthorized entry, and has all its door and window components,
including frames, jambs, rails, stiles, muntins, mullions, panels,
sashes, lights and panes intact and unbroken.
Any vacant or abandoned building or structure not continuously
secured, maintained, locked or boarded to deter vandalism and unauthorized
entry; fails to provide protection from weather damage; and is an
attractive nuisance to children, vagrants, criminals, or other unauthorized
persons.
A building structure in which there is no habitual presence
of persons who have a legal right to be on the premises, or in which
all lawful business, construction activity, or residential occupancy
has substantially ceased, or which is substantially devoid of contents.
A.
Applicability. This article shall be applicable to any building or
structure designed or used for residential or commercial uses or purposes
that has been vacant for at least 90 consecutive days. Evidence of
vacant or blighted buildings includes, but is not limited to:
(1)
Property is habitually vacant for long periods unrelated to the normal
commercial vacancy cycle;
(2)
Attracts illegal activity and calls for service, as documented by
the Police Department;
(3)
Is a fire hazard, as determined by the Fire Marshal or as documented
by the Fire Department;
(4)
Creates a substantial and unreasonable interference with the reasonable
and lawful use and enjoyment of other space within a residential or
commercial neighborhood, as documented by resident or business complaints,
or cancellations of insurance on adjacent properties or increased
cost of insurance;
(5)
Partially constructed, reconstructed, or demolished building or structure
upon which work was abandoned, showing no current building or demolition
permit or when no substantial work on the project has been done for
a period of six consecutive months or more.
B.
Exemptions. The following are exempt from the provisions of this
article.
(1)
A resident on an extended vacation or alternative living arrangement,
including over winter months, with the intention to return to the
property and live. A verified emergency contact number for the property
owner or responsible party must be provided and the property must
be maintained by a local person/agent so that is does not appear vacant.
(2)
A building that has suffered fire damage if the cleanup, repair or
demolition is completed within 120 days from the date of the fire.
Written request for exemption must be provided.
The Town shall notify a property owner of a building or structure
that is deemed vacant or blighted. The notice shall include supporting
documentation, such as photos, water usage reports, or any such information
in support of the determination.
A.
Registration. The owner of a vacant or blighted building or structure
shall file a registration statement for each such building or structure
with the Town on forms provided by the Town. Registration shall be
required for all vacant or blighted buildings or structures, whether
vacant and secured, vacant and unsecured, or vacant and boarded, whenever
any building or structure has remained vacant for 90 consecutive days
or more.
B.
Contents. The registration form shall consist of the following information:
A.
Registration. There is no fee for the registration of a property,
if it is registered within 30 days of receiving notice from the town's
Code Official, identifying reasons for the determination as a vacant
or blighted property.
The owner, or the responsible person or agent for the owner,
shall notify the Town Code Official within 30 days of any change to
the information contained in the registration statement on file with
the Town.
Properties not registered after 30 days notice shall be fined
$100. If unpaid, within 90 days the fine will become a lien on the
property and collected in the same manner as real estate taxes.
The property owner shall have 30 days from the date of the report
to appeal the determination or to provide evidence in writing to the
Code Official showing proof that the property is not vacant or blighted.
Upon receipt, the Code Official will schedule a hearing within 10
days before the Housing Review Board for a final determination as
to whether or not the building or structure is vacant and/or blighted.