[Adopted 10-26-2005 by Ord. No. 326]
It is the purpose of this article to prohibit
the accumulation of litter and uncontained trash, and the high growth
of weeds, on all properties in the Town of St. Michaels.
In this article the following words have the
meanings stated below:
A person appointed by The Commissioners of St. Michaels to
perform the duties of codes enforcement.
Any animal and vegetable wastes, e.g., those resulting from
the handling, preparation, cooking, and consumption of food.
Trash, garbage, and all other waste material that is not
stored in a closed container and that creates or tends to create a
danger to the public health, safety, or welfare insofar as it:
May reasonably cause the property on which it
occurs to become infested by vermin, rodents, or wild animals; or
May reasonably cause or promote disease; or
May reasonably constitute a present or potential
fire hazard; or
May reasonably depreciate the economic welfare
or status of adjacent properties.
The person, persons, or entity of any kind holding title
to any property, including land, improvements thereon, and appurtenances
thereto, in the Town of St. Michaels.
All solid wastes, whether combustible or noncombustible,
including but not limited to:
Among combustible wastes: cardboard, wood, cloth,
bedding material, yard and lawn clippings not contained in an established
compost pile, and dead trees and limbs.
Among noncombustible wastes: metals, glass,
crockery, tin cans, junk, abandoned or inoperable household appliances,
plumbing fixtures, untagged motor vehicles, motor vehicle parts, and
building and construction wastes.
Grass, weeds, brush, and other growths, excluding trees,
ornamental shrubbery, plants, flowers, herbs, garden vegetables properly
tended, or marsh grasses on waterfronts.
A.
Litter. No owner of property within the Town shall
cause, permit, or maintain the existence of litter on such property.
This provision shall not apply to litter stored in containers for
regular collection, nor to recycling stations on public property.
For litter stored in containers, the Codes Enforcement Officer may
establish reasonable standards to protect the public health, safety,
and welfare.
B.
Weed control. No owner of property within the Town
shall cause, permit, or maintain the existence of weeds higher than
12 inches on such property. This provision shall not apply to agricultural
lands, natural wooded areas, tidal and nontidal wetlands as defined
by Maryland law, unimproved areas of more than three acres, public
parks and recreational properties being specifically maintained as
natural areas, private open space areas covenanted with the Town as
recreational areas to be maintained in their natural state, areas
where vegetation is deemed necessary for soil stabilization and erosion
control, or areas subject to buffer management or forest management
plans.
A.
Determination of violation. This article shall be
enforced by the Codes Enforcement Officer, who shall base the determination
of a violation on his or her own visual inspection of the property
on which a violation is suspected.
B.
Notice of violation.
(1)
If a violation of this article is determined to exist
on a property, the Codes Enforcement Officer shall provide written
notice to the owner of that property. The written notice shall:
(2)
The written notice shall be mailed to the owner, at
the address listed in the current real estate tax records of the Town
relating to the property that is the subject of the notice, through
the U.S. Postal Service by certified mail (return receipt requested),
with a copy mailed first-class.
C.
Failure to correct. If within seven days after the
mailing of notice the violation has not been corrected, the Town shall
effect correction of the violation, either by contracting with a third
party or by employing Town personnel. The owner shall be billed for
the cost of the work plus a service charge of $100. If the full amount
billed to the owner and due the Town is not paid within 30 days:
[Amended 7-28-2010 by Ord. No. 419; 11-19-2014 by Ord. No. 458]
(1)
The Codes Enforcement Officer shall cause to be recorded in the Town
office a sworn statement showing the cost and expense incurred by
the Town for the work, the date the work was done, and the location
of the property on which the work was done; and
(2)
If the owner or owners of record of any lot or premises shall fail
to pay or repay the costs of any work authorized by this section after
due notice has been provided by the delivery of certified mail or
the posting of the subject property. The Commissioners of St. Michaels
may assess the cost of the work and all costs of collection against
the property which shall constitute a lien thereon and collect the
same in the same manner that other taxes are collected.
D.
Repeat violations. A person who has caused, permitted, or maintained a repeat violation of this article, as defined in Subsection D(1) below, shall have committed a municipal infraction and, in addition to the remediation by the Town provided in Subsection C of this section, shall be subject to the penalties and procedures of this Subsection D of this section.
(1)
A person shall have committed a repeat violation under this Subsection D upon the occurrence of all of the following conditions:
(a)
A previous violation of this article (the "previous
violation");
(2)
A repeat violation of this article shall constitute
a municipal infraction, which shall carry civil penalties. The procedures
for issuing and processing a citation for a repeat violation of this
article shall be governed by Town ordinances[1] and Maryland law relative to municipal infractions. In the case of a repeat violation, the owner shall be subject to a municipal infraction each day until the violation is corrected. Notice shall be served in accord with § 243-9B of this article, but municipal infractions shall be issued beginning the day the notice is mailed. Each municipal infraction shall be issued for the amount of $300.
