[HISTORY: Adopted by the Mayor and Council of Pocomoke City 3-4-2013 by Ord. No. 414. Amendments noted where applicable.]
The purpose of this chapter is to preserve and promote the health,
safety, and general welfare of residents, motorists and pedestrians
alike through the regulation of growth of noxious weeds, rank vegetation,
and grasses within the City which are deemed to detract from the appearance
and character of the neighborhoods, negatively affect the value and
marketability of surrounding property, constitute traffic hazards
and fire hazards, and cause additional health problems for persons
with respiratory ailments.
As used in this chapter, the following terms shall have the
meanings indicated:
To get rid of, to wipe out, or to destroy entirely, through
the working of natural processes or a methodical plan.
Any plant of the family Gramineae (or Poaceae) characterized
by jointed stems, sheathing leaves, flower spikelets, and fruit consisting
of a seed-like grain or caryopsis.
A tract of real property on which the owner has been granted,
by the Zoning Board of Appeals, an exemption from the vegetation growth
limits.
Uncontrolled plant growth over eight inches in height which
is out of character with the development of and landscaping in the
neighborhood and contrary to the public health, safety or welfare
thereof, and shall include, but not be limited to, the following:
Vegetation, trees or woody growth on private or governmental
property which is abandoned, neglected, disregarded or not cut, mowed
or otherwise removed and which has attained a height of eight inches
or more;
Vegetation, trees or woody growth on private or governmental
property which, due to its proximity to any governmental property,
right-of-way or easement, interferes with public safety or lawful
use of the government property, right-of-way or easement;
Such weeds as may be listed from time to time on any list of
noxious or invasive weeds prepared or published by the Maryland Department
of Agriculture.
Profuse or unmanageable communities of plants in a region.
A.
Public nuisance declared. The presence of such noxious weeds, rank
vegetation or tall grass upon improved and/or unimproved properties
is hereby deemed to be detrimental to the public health, safety, and
welfare and shall constitute a public nuisance.
B.
Prohibition of rank vegetation and noxious weeds. No person owning
any property, whether or not occupied, and no person occupying any
property (pursuant to any land contract, rental or leasehold agreement)
shall permit or maintain on any such property any growth of weeds,
grasses or rank vegetation to a height greater than eight inches or
permit or maintain any accumulation of noxious weeds, as defined in
this chapter, or other poisonous plants, or plants detrimental to
health to grow on any improved property.
C.
Exception for designated nature area. Any person, firm or corporation
possessing lands within the City of Pocomoke may maintain an area
of natural plant growth on which plants not otherwise defined herein
as noxious weeds may exceed the designated growth limitations if they
first obtain a natural area permit from the Board of Zoning Appeals.
Application for such permit shall be submitted to the Superintendent
of Public Works and be accompanied by a plot plan for the parcel or
parcels which the application affects, drawn to a scale not less than
20 feet to the inch, showing the proposed nature area, buildings,
and adjacent alleys, streets or highways. The Superintendent of Public
Works shall send notice of the application, along with a copy of the
same and its accompanying plot plan and a description of the time
and place of the Board of Zoning Appeals, to the owner or occupants
of all parcels adjacent to the proposed nature area, by certified
mail, no less than 10 days before the Board of Zoning Appeals will
consider the application. Charges for plan review and postage shall
be charged to the applicant at a rate equal to the actual cost to
the City, plus 10%. No action shall be taken on the application until
all fees and expenses have been paid in full.
It shall be the duty of the occupant or owner of every premises
or property within the City, whether improved or unimproved, to remove
or destroy by lawful means all noxious weeds, poisonous or harmful
vegetation and to cut all grass or rank vegetation, as often as may
be necessary to comply with the provisions of this chapter, between
April 15 and November 15 of each year.
A.
Notification. A published notice of the provisions of this chapter
shall be provided by advertising the following notice or a substantially
similar notice in a paper of general circulation within the City during
the month of March:
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PUBLIC NOTICE
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To all property owners, agents and occupants: Notice is hereby given to all persons owning or occupying any property within the City of Pocomoke that, pursuant to Chapter 98 of the Code of the City of Pocomoke, it shall be the duty of such owners or occupants to remove or destroy all noxious weeds, poisonous or harmful vegetation and to keep all grasses cut below a height of eight inches between April 15 and November 15 unless such property has been designated a natural area by the Board of Zoning Appeals. If the provisions of this ordinance are not complied with, the City shall cause such grass and weeds to be cut or destroyed, and the actual costs of such cutting or destruction plus 25% for inspection and/or other additional costs in connection therewith shall be charged to the property owner and, if necessary, collected as a tax lien as provided by law against the property.
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B.
Action authorized. If the provisions of this chapter are not complied
with after the legal notices have been published, then any officer,
inspector or other agent authorized by the City of Pocomoke, after
April 15, may enter upon such properties as many times as necessary
and cause such grass, weeds, and other vegetation to be cut and/or
destroyed, and all expenses incurred in such destruction shall be
paid by the owner or owners of such properties. The City shall have
liens upon such lands for such expenses, and such liens may be enforced
in the manner prescribed by the general laws of the state providing
for tax liens.
C.
Means to be utilized. In the discretion of the officer, inspectors
or other agent authorized by the City of Pocomoke, hand or mechanical
means may be used, and all due care shall be taken to avoid unnecessary
damages to the property.
D.
Owner liability.
(1)
Lien upon property. From the time of commencement of the cutting
or destruction of such grasses, rank vegetation or noxious weeds,
the City shall have a lien upon the property.
(2)
Costs. The owners of the property shall be liable for all costs incurred
by the City in connection with the cutting and destruction. A minimum
cost is to be determined by the Pocomoke City Council by resolution
from time to time for cutting and destruction of such grasses, rank
vegetation and noxious weeds. In addition, an administrative fee in
the amount of 25% of the actual cost of the cutting or destruction
will be included in the total costs.
E.
Collection of costs.
(1)
Billing. For purposes of determining the ownership of the property,
it shall be presumed in evidence that the person to whom the property
is assessed on the City's most-recent tax roll is the owner of
the property. Billing of costs will be mailed to the owners of the
property by regular mail to the address shown on the City tax roll.
In the event the charges involved are not paid by the owner within
30 days from the date of billing, payment shall be deemed delinquent.
(2)
Delinquent charges/tax lien. In the event of delinquent charges,
the City shall have a lien upon such property for such charges, and
the lien shall be enforceable as a tax lien, in the manner prescribed
by the general laws of the state, against the property and collected
as in the case of general property tax.
This chapter is deemed severable; and if any part shall be declared
invalid by any court, such judgment or decree shall affect only that
part directly involved in the controversy.
Any person or persons violating any provision of this chapter
shall be guilty of a misdemeanor, punishable by fine of up to $100
or imprisonment for up to 90 days, or both. Enforcement of this chapter
is authorized by an enforcement officer duly appointed by the City
of Pocomoke. Each violation of this chapter shall be deemed a separate
offense for the purpose of this section.
