[Adopted 10-27-2003 by Ord. No. 237]
As used in this chapter, the following chapters
shall have the meanings indicated:
Any person in possession or occupancy of any property including
tenants under any form of lease.
A person with any ownership interest in property other than
a remainder interest. "Owner" includes the owner of a condominium
unit with respect to common elements and includes any type of homeowners'
association with respect to space under its control.
Any adult individual, or any corporation, partnership, joint
venture or other entity.
A.
The presence of weeds, grass or plants in the Town
of Sykesville in excess of 12 inches in height is hereby found and
declared to be a nuisance and detrimental to the health, safety, comfort
and general welfare of the citizens of the Town.
B.
Weeds, grass and plants declared to be a nuisance pursuant to Subsection A of this section shall exclude:
(1)
Trees;
(2)
Adequately maintained landscape arrangements of flowers,
wild flowers, ornamental grasses, shrubs and bushes;
(3)
Unimproved natural areas including wetlands, forests,
forest buffers, open space, conservation areas, greenway reservations,
watersheds and meadows, as established by easements or plats; and
(4)
Agriculture plants.
No person who is the owner or occupant of any
property within the corporate limits shall permit any weeds, grass
or plants to grow to or remain on such property in excess of 12 inches
in height.
Every such owner and occupant, shall cause such weeds, grass and plants to be trimmed or cut at least twice a year, once on or before June 1 and once on or before August 15, and at such other time as may be necessary in order to comply at all times with the provisions of § 60-3.
A.
When any condition exists on any such property which violates § 60-3, it shall be lawful for the Town Manager, or such other person as may be designated by the Mayor and Council, to give written notice to comply with said section within seven days of the date of such notice. Such notice may be delivered personally to the owner and/or the occupant or sent by registered or certified mail, and if mailed to any owner the owner's address as shown on the tax rolls shall be deemed to be correct. Any postal receipt for the mailing of such notice shall create a prima facie presumption that the notice was received in due course.
[Amended 6-11-2007 by Ord. No. 268]
B.
If such notice be given and neither the owner nor
the occupant complies, the Town may immediately thereafter cause such
weeds, grass and plants to be cut, trimmed or otherwise removed and
all resulting yard waste shall be removed from the property.
C.
If the Town proceeds to act under Subsections A and B of this section, the general administrative expense of inspection, issuing notice and performing work under Subsection B will incur a charge of $50 per property, which is hereby declared and established to be the minimum cost of such work. Said sum, together with all additional costs actually incurred in excess thereof including all costs of collection thereof as certified by the Town Manager (or such other staff member who may be designated by the Town Manager), shall constitute a lien against the property and may be collected in the same manner as the Town taxes are collected. In addition, the Town Attorney is authorized to institute civil suit against the owner and/or occupant for the recovery of such costs.
[Amended 6-11-2007 by Ord. No. 268]
Where property is not occupied solely by the
owner, the obligations under this chapter are imposed jointly and
severally against the owner and occupant. Failure of either to comply
with this chapter shall not relieve the other of compliance regardless
of any agreement between them to the contrary. If there is more than
one owner or more than one occupant, each owner and each occupant
is jointly and severally subject to the terms of this chapter.
[Amended 9-27-2004 by Ord. No. 247]
Any violation of the provisions of this chapter
shall constitute a municipal infraction. Each day the violation continues
or occurs shall constitute a separate offense. The penalties for such
municipal infraction shall be as follows:
