[HISTORY: Adopted by the Commission of the Town of Cottage
City as Ch. 4 of the 2007 Code. Amendments noted where applicable.]
No person shall keep, collect or suffer to be in his or her house or on his or her premises over and above the period of 24 hours any putrid or decaying animal or vegetable matter, nauseous liquids, stagnant water or other offensive matter, or any liquid or matter which is liable to or which by a stench or smell becomes a nuisance to the neighborhood or which becomes a breeding place for germs, or liable to become a detriment to the public health. (See Chapter 12, Property Maintenance.)
No owner of property within the corporate limits of the Town
of Cottage City shall cause or permit weeds, grass or thickets to
grow upon his, her or their property, so as to constitute a menace
to health or an obstruction to the free passage of persons using the
sidewalk contiguous to the property.
Upon it appearing to the Commissioners that a condition exists
which is prohibited by the foregoing sections, the Town Clerk or the
police or code enforcement officer shall notify the owner of the property
to remedy the condition within 10 days after receipt of such notice,
and upon failure to comply with such notice, the Commissioners shall
employ a person to do the work, who shall have the right of entering
the premises for the purpose, and the cost thereof shall be assessed
against the property owner. The Town shall proceed to collect this
cost by entering same on the tax records as a tax upon such real estate,
or by suit if deemed necessary, or both.
It shall be unlawful for any person to keep any live swine,
horse or animal of the horse-kind, sheep, goats, cows or animals of
the bovine-kind, pigeons, rabbits, or fowls or progeny thereof in
the Town of Cottage City.
It shall be unlawful for any person or persons to occupy any
trailer, car or other vehicle as his, her or their living quarters
within the limits of the Town of Cottage City.
A.
Defined
generally. Whatever is dangerous to life or health, whatever renders
air, food, water and drink unwholesome or unfit for the use of man;
whatever odors or exhalations are offensive to the inhabitants or
dangerous to the public health; whatever accumulations of animal or
vegetable matter, solid or liquid, which are dangerous or harmful
to the neighborhood, or are likely to become so, are declared to be
nuisances within the scope and meaning of this chapter.
B.
Trash,
waste materials, etc., weeds - as public nuisances. Any trash, waste
materials, garbage, offensive and dirty materials or weeds, briars,
bushes and grass more than one foot tall, which may be allowed to
accumulate or grow on any private property adjoining any of the streets,
alleys, or lanes and within 200 feet thereof, in the Town, are declared
a public nuisance.
C.
Duty
to remove after being notified to do so. It shall be the duty of the
Town Commissioners to take all reasonable steps to send notice to
the owner, tenant or person in possession of any real estate where
a nuisance exists to remove such public nuisance within 10 days, inclusive
of Sundays and holidays, after the date of such notice. Upon failure
to remove such public nuisance within the time specified, the nuisance
will be removed by the Town and the cost thereof be charged to him,
her or them, as the case may be, unless cause to the contrary be shown
by filing objections in writing with the Town Commissioners on or
before the expiration date of such notice. If such written objections
are filed the Commissioners shall review the objections and advise
such person in writing within 10 days of the receipt of the objections
as to the result of his or her review. In the event the appellant
or appellants fail to abide by the decision of the Commissioners of
if such public nuisance is not removed within the time specified in
any notice and no written objections have been filed, or are filed
and overruled, then the Town Commissioners shall cause the public
nuisance to be removed, and may incur the necessary expense in so
doing, and shall place a charge against the proper person or persons
for such costs and proceed to collect the same by entering same on
the tax records as a tax upon such real estate, or by suit if deemed
necessary, or both.
A.
Dangerous
structures. Any dwelling or unit, including outbuildings and sheds
which shall be found to have any of the following defects shall be
condemned as unfit for human habitation and shall be so designated
and placarded by the Town Commissioners.
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(3)
One which, because of its general conditions or location, is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
B.
Form
of notice. Whenever the Town Commissioners, after hearing, have declared
a dwelling or multifamily dwelling as unfit for human habitation,
they shall give notice to the owner or owners of such declaration
and placarding of the dwelling or multifamily dwelling as unfit for
human habitation. Such notice shall:
C.
Service
of notice. Service of notice that a building is unfit and must be
vacated shall be as follows:
(1)
By delivery to the owner personally, or by leaving the notice at
the usual place of abode of the owner with a person of suitable age
and discretion;
(2)
By depositing the notice in the United States Post Office addressed
to the owner at his last known address with postage prepared thereon;
or
(3)
By posting a copy of the notice in placard form in a conspicuous
place on the premises to be vacated.
D.
Sealing
of unfit structures. It shall be the responsibility of the owner of
the property to remove all unsanitary or flammable material and to
board up all windows and doors after a dwelling has been properly
determined to be unfit for human habitation, if such boarding up is
determined by the Town Commissioners to be necessary for reasons of
health or safety. In the event that the owner of the property fails
to properly seal the structure against unsanitary or flammable waste
material and to board up all windows and doors so as to prevent entrance,
the cost of this action shall be a lien on the property and collectible
in the same manner as delinquent taxes.
Any violation of this chapter shall be deemed a municipal infraction
and shall, in addition to any cost or fee, be punished by a fine of
$50. Each day any violation of this chapter shall continue shall constitute
a separate offense.
