This chapter shall be entitled the "Town of Chesapeake City Code Enforcement Ordinance."
[HISTORY: Adopted by the Mayor and Council of the Town of Chesapeake City 1-27-2020 by Ord. No. 2020-002. Amendments noted where applicable.]
The Town of Chesapeake City Mayor and Council shall, annually or at any time, appoint an individual or firm to serve as the Town of Chesapeake City Code Enforcement Officer. Such individual or firm shall serve at will, at the pleasure of the Mayor and Council. The Code Enforcement Officer shall provide a written report if requested by the Town Manager or Mayor and Council, to describe and detail the complaints received, the work performed and the enforcement activities undertaken. It is the role of the Code Enforcement Officer to enforce the provisions of this chapter upon submission of a written complaint hereof, which the Town expects to be carried out in a cost-effective manner designed to protect the public health, safety and welfare, and to assist residents in bringing their properties into compliance with the applicable Code requirements.
A.
Grass and weeds.
(1)
Grasses and weeds shall be maintained and trimmed to a height of no more than 12 inches in the following locations:
(2)
Notwithstanding anything herein to the contrary, no plantings along a roadway shall be permitted that impinge into or obstruct a clear sight triangle for the roadway and/or any driveways accessing a roadway.
(3)
All noxious and invasive weeds or plants shall be prohibited.
(4)
"Weeds" shall be defined as grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers or gardens.
B.
Vehicles and equipment. All premises and exterior property shall be maintained free from motor/nonmotor vehicle/equipment nuisances as defined below. Moreover, any unregistered vehicle, vehicle with an expired license plate, or inoperable vehicles or equipment, dismantled vehicles or equipment, and parts of vehicles and equipment shall not be stored in front yard areas or other areas where visible from the public right-of-way or from neighboring properties. A vehicle/equipment nuisance shall include any motor/nonmotor vehicle (or parts thereof) or any piece of mechanical equipment that has any of the following defects (including but not limited to cars, tractor trailers, campers, boats, farm equipment, etc.):
[Amended 5-22-2023 by Ord. No. 2023-003]
(1)
Broken windshields, mirrors or other glass with sharp edges;
(2)
One or more flat or open tires or tubes which could permit vermin harborage;
(3)
Missing doors, windows, hood, trunk or other auto body parts that could permit animal harborage;
(4)
Any auto body parts with sharp edges, including holes resulting from rust;
(5)
Missing tires resulting in unsafe suspension of the motor vehicle;
(6)
Upholstery that is torn or open which could permit animal and/or vermin harborage;
(7)
Broken headlamps or taillamps with sharp edges;
(8)
Disassembled parts apart from a motor vehicle or equipment stored in a disorderly fashion or loose in or on the vehicle/piece of equipment;
(9)
Protruding sharp objects;
(10)
Broken vehicle frame suspended from the ground in an unstable condition;
(11)
Leaking or damaged oil pan, gas tank or other fluids which are detrimental to the environment, the groundwater and/or nearby water resources;
(12)
An exposed battery containing acid;
(13)
Inoperable locking mechanism for doors, trunks or other enclosed spaces;
(14)
Open or damaged floorboards, including trunk and firewall;
(15)
Damaged bumpers pulled away from the perimeter of vehicle;
(16)
A broken grill with protruding edges;
(17)
Loose or damaged metal trim and clips;
(18)
Broken communication equipment antennas; and
(19)
Such other defects or conditions that could threaten the health, safety and welfare of the residents of the Town.
C.
Personal property; garbage; rubbish. Personal property, garbage or rubbish shall not be permitted to be stored or deposited on a property in a manner that causes a threat to the public health, safety or welfare, including, but not limited to, in a manner that could permit vermin harborage or the pooling of standing, stagnant water or could promote the leakage, seepage or discharge of harmful materials into the soil, groundwater or air. Moreover, the personal property, landscaping waste, garbage, rubbish or other materials stored or deposited on a property shall be screened from view from any roadways and neighboring properties and shall be maintained and stored in a manner so as to protect the materials, roadways and neighboring property owners from the effects of stormwater runoff.
D.
Animals. Every person owning or occupying any property shall be responsible for the sanitary maintenance of the premises on which any animals or pets are housed, maintained or kenneled. Animal waste and excess animal food shall not be allowed to accumulate (and shall not be disposed of) in such manner so as to create a food source for bacteria, insects or rodents or in a manner that creates a threat to the public health, safety or welfare.
Upon presentation of proper credentials, the Code Enforcement Officer may request of an owner the right to enter a property, at reasonable times, to inspect the same for compliance with this chapter. Nothing herein shall abrogate the right of the Town to enter onto such property as authorized by law (including but not limited to exigent circumstances). Further, nothing herein shall abrogate the right of the Town or Code Enforcement Officer to pursue enforcement of this chapter for those violations visible from the right-of-way, neighboring properties or other public portions of a property (including, but not limited to, the approach to the main entry doorway and all areas observable therefrom). To the extent that a landowner refuses to grant such access, the Town may take all necessary actions to obtain lawful access.
A.
Notice of violation. The Code Enforcement Officer shall have the authority to issue a notice of violation to any individual, tenant and/or property owner in violation of this chapter. The notice of violation shall describe the violations, with citation to the applicable provisions of this chapter, and shall provide a description of the steps that must be taken to correct the violations. The notice of violation shall also reference the penalties imposed, as set forth below. In the case of a property or structure occupied by a tenant, a copy of the notice of violation shall be provided to the tenant; however, the ultimate responsibility for the compliance with this chapter rests with the landowner of record.
B.
Fines. Any person violating or permitting the violation of the provisions of this chapter shall be guilty of a municipal infraction and shall be subject to a fine of $100 for each violation, recoverable with costs and attorneys' fees. The establishment of a violation for purposes of setting fines or penalties for such violation shall be in accordance with a citation to the District Court of Maryland with jurisdiction and venue over the location of the violation. A separate offense shall arise for each day or portion thereof a violation is found to exist and may be determined for each section of this chapter which is found to have been violated. A citation may contain a set fine amount that may be paid in advance in lieu of appearing in Court. The payment of the preset fine amount shall be deemed to be an admission of the violation.
[Amended 5-22-2023 by Ord. No. 2023-003]
C.
Injunctive and other relief. In addition, the Town may, through its attorney, institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the Town's attorneys' fees (charged at the hourly rate approved by the Mayor and Council of the Town) and costs, as may be permitted by law.
D.
Abatement. Notwithstanding any other provision of this chapter, but pursuant to the structures of the law, the Town shall have the right to enter upon a property within the Town to correct and abate a violation of this chapter, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation. Such expenses shall constitute liens against the property, and shall be collectable in the same manner as unpaid real estate taxes and utility charges. To the extent that the violation of this chapter does not constitute an immediate threat to the public health, safety and welfare, the property owner shall be provided a minimum of 10 days in which to abate the violation.
Any person issued a municipal infraction by the Code Enforcement Officer may elect to stand trial in the District Court of Maryland for Cecil County. Any appeal of the decision of the District Court shall be to the Circuit Court for Cecil County, Maryland, and shall be based on a review of the record of the District Court proceedings, and shall not be a de novo appeal.
All ordinances, resolutions or parts of ordinances or resolutions that are directly inconsistent herewith are hereby repealed to the extent of such inconsistency. In the event of a conflict between another provision of the Town Code and this chapter, the provisions of this chapter shall control.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared to be the intent of the Mayor and Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.