[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 3-3-2003 by Ord. No. 832. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police or Acting Chief of Police of the City
of Havre de Grace.
An adjudication of guilt in a criminal proceeding, including
probation before judgment.
A permanent drawing, permanent painting, permanent mark,
inscription, word, figure, painting, image, or other defacements that
are written, marked, etched, scratched, sprayed, drawn, painted, or
engraved on or otherwise affixed to any surface of public or private
property without the permission of the owner of the property, or,
despite advance authorization, would be highly offensive to a reasonable
person in the community and is not otherwise protected by the State
or Federal Constitution.
[Added 10-2-2023 by Ord.
No. 1118]
The title owner of the premises, and any person having a
legal or equitable, ownership right, or interest in the premises,
as recorded in the Land Records of Harford County.
An individual, joint owner, receiver, guardian, mortgagee,
trustee, lien creditor, personal representative, fiduciary, or representative
of any kind, and any corporation, partnership, firm, association,
or other legal entity.
Any land, building, or other structure, or part thereof located
within the limits of the City of Havre de Grace.
A premises constitutes a public nuisance where:
Criminal violations have occurred on, or emanated
from, the premises, including any portion of the laws governing controlled
dangerous substances, firearms, stolen property, prostitution, gambling,
disorderly conduct, or any other violation of laws, including state,
county, or City ordinances, constituting an unreasonable interference
with a right common to the general public involving a significant
interference with the public health, the public safety, the public
peace, the public comfort or the public convenience; and
Graffiti has been placed on the premises at a location visible
from a public right-of-way or from a neighboring property and has
not been abated within 10 days from the date of a notice of removal
of the graffiti issued by the City.
[Added 10-2-2023 by Ord.
No. 1118]
With respect to a notice, citation or an order of abatement
for removal of graffiti issued by City Code Enforcement, City Police
Department, or a court of competent jurisdiction, "removal" means,
where practicable, the painting over or washing off of graffiti to
restore the affected property to a condition substantially similar
to the condition of the property before the application of the graffiti.
Where painting or washing would fail to restore the property to its
original condition, such as non-water-soluble media on an otherwise
unpainted brick wall, "removal" shall mean removal by chemical or
mechanical means. "Removal" also means, in cases of deep etching into
the property or other situations where property cannot reasonably
be restored by other means to a condition substantially similar to
what it was before the application of the graffiti, replacement of
the damaged property.
[Added 10-2-2023 by Ord.
No. 1118]
A.
Every premises owner within the City of Havre de Grace is responsible
for monitoring his or her premises and is required to take timely
and appropriate action to prevent and eliminate or remove a public
nuisance from existing thereon, whether that public nuisance is created
by existing physical conditions or by nuisance-creating behaviors
and regardless of whether the public nuisance is created by or at
the direction of the premises owner or by a third party.
[Amended 10-2-2023 by Ord. No. 1118]
B.
Every premises owner within the City of Havre de Grace
is presumed to have constructive knowledge of the facts that can be
discovered by a reasonable inquiry concerning the condition of his
or her premises and activities taking place on his or her premises.
Every owner is required to manage and control his or her premises,
tenants, and other occupants in a manner so as not to create or allow
a public nuisance, or to create or allow his or her premises, tenants,
or other occupants to have an adverse impact on adjoining properties
or the neighborhood, or to violate the provisions of this chapter.
Every owner shall remain liable for violations of this chapter occurring
on or emanating from his or her premises regardless of any contract
or agreement with any party regarding the premises.
C.
Limitations and restrictions on scope of abatement
authority. If the premises consist entirely of residential units or
mixed residential and other use units, and the public nuisance has
occurred solely within one or more units, abatement authority under
this chapter is restricted to the units in which the public nuisance
has occurred, and does not extend to any other unit in the premises.
[Amended 10-2-2023 by Ord. No. 1118]
A.
Notice; cease-and-desist order. Upon a finding by the Chief of Police, or their designee, through a visual inspection of the property, or pursuant to a citizen complaint, or if it involves a public nuisance based on behaviors taking place at the premises, through proof of certified court records, that two convictions have occurred under the circumstances described under Subsection B of the definition of "public nuisance" in § 120-1 of this chapter, the Chief of Police shall prepare a written notice, directed to the owner, setting forth the following:
(1)
A description of the proof, using photographs of graffiti, eyewitness
statements, anonymous citizen complaints, and if related to a public
nuisance defined under § 120-1B of the "public nuisance"
definition of this chapter, documentation that two convictions have
occurred under the circumstances described therein; and
(2)
A notice and cease-and-desist order requiring the owner to abate
the nuisance in or on the premises where the public nuisance exists,
within 30 days following the service of the notice, by removing, discontinuing,
ceasing, and desisting the public nuisance and the behavior, activities,
and other circumstances giving rise to the public nuisance.
B.
Additional orders. In the event the behavior, activities, and other circumstances giving rise to the public nuisance have not been removed or discontinued within the thirty-day period provided in § 120-3A(2) above, the Chief of Police or their designee shall file a written report with the Mayor of the City of Havre de Grace with a statement as to the level of potential harm to the health, safety and welfare to the community if the public nuisance is not abated immediately. The Mayor, after consulting with the Chief of Police and the City Attorney, shall decide whether to issue an emergency executive order, prosecute the matter criminally, issue a civil citation, or seek an order for abatement from a court of competent jurisdiction.
C.
Notice and opportunity to be heard. The written notice and cease-and-desist
order shall set forth the following:
(1)
The violations being charged and the underlying convictions, if any;
(2)
The proposed abatement remedy;
(3)
The owner's opportunity to request a prompt hearing to determine
whether a public nuisance exists in or from the premises, and if so,
to determine whether the recommended abatement is the appropriate
abatement remedy to be taken;
(4)
That the request for hearing must be made to the City, in writing,
within five days from the date of service of the notice; and
(5)
Such other particulars as may be appropriate.
D.
Service and posting of notice.
(1)
The notice prescribed by § 120-3C shall be served by certified mail, return receipt requested, and by first class US Mail, postage paid, on the owner, any tenant, any person in actual possession or occupancy of the premises, and any other person having an interest in the premises, as disclosed by the Land Records of Harford County, the City's tax records, or from other public records that are otherwise known or readily ascertainable.
(2)
In addition, the notice shall be immediately posted in a conspicuous
place on the premises.
E.
Scheduling of a requested hearing.
(1)
If an owner requests a hearing under § 120-3C, the City shall prepare a written notice setting forth the following:
(a)
That a hearing will be held to determine whether a public nuisance
exists in, on, or from the premises, and if so, to determine the appropriate
abatement remedy to be taken;
(b)
The date, place, and time of the hearing, which shall be set
no more than 30 days following the date of the notice with a temporary
stay of the cease-and-desist order pending the outcome of the hearing;
(c)
The right of the owner or any person having an interest in the
premises to be heard and to be represented by an attorney at the hearing,
to present evidence, and cross-examine witnesses;
(d)
The possible consequences of failure to appear; and
(e)
Such other particulars as may be appropriate.
(2)
The notice prescribed by this section shall be served by first class
mail, or hand delivered to the owner, any tenant, any person in actual
possession or occupancy of the premises, and any other person having
an interest in premises, as disclosed by the Land Records of Harford
County, or that is otherwise known or readily ascertainable. In addition,
the notice shall be immediately posted in a conspicuous place on the
premises.
F.
Stay of proceedings.
(1)
Unless an emergency executive order is issued by the Mayor, a request
for hearing stays the enforcement of the cease-and-desist order.
(2)
If the Chief of Police or an administrative officer of the City certifies
to the presiding officer facts stated in the certificate that indicate
to the presiding officer that a stay of the cease-and-desist order
would cause imminent peril to life or property, the presiding officer
may recommend that the Mayor issue an emergency executive order to
abate the public nuisance.
A.
All contested hearings held under this chapter shall
be held in City Hall and shall be open to the public. A record of
such hearings shall be kept by typed transcript or transcribeable
audiotape. The presiding officer may postpone or continue the hearing
if the interests of justice so require.
B.
An independent individual designated by the Mayor
shall serve as presiding officer, who shall apply the law and determine
the facts. The existence of the public nuisance shall be proved by
a preponderance of the evidence.
C.
The following evidentiary rules apply to all contested
hearings held under this chapter:
(1)
In general. Each party in a contested case shall offer
all of the evidence that the party wishes to have made part of the
record.
(2)
Probative evidence. The presiding officer may admit
probative evidence that reasonable and prudent individuals commonly
accept in the conduct of their affairs and give probative effect to
that evidence.
(a)
It shall be prima facie evidence that a public nuisance exists
on a premises upon the second conviction for a violation of any of
the provisions of the laws governing the offenses enumerated in, and
under the circumstances defined as a "public nuisance" under § 120-1A
and B above, or if graffiti exists and has not been removed within
10 days of receiving public notice. Convictions may be proved by certified
or true test copies of court records.
[Amended 10-2-2023 by Ord. No. 1118]
(b)
Evidence of the general reputation of the premises
is admissible to corroborate testimony based on personal knowledge
or observation, or evidence seized during the execution of a search
and seizure warrant, but shall not, in and of itself, be sufficient
to establish the existence of a public nuisance under this subsection.
(c)
Evidence that the public nuisance had been discontinued at the time of the filing of the notice under § 120-3C or at the time of the hearing does not bar the imposition of appropriate relief, including imposition of fines for each instance of public nuisance.
[Amended 10-2-2023 by Ord. No. 1118]
(d)
The existence of a public nuisance may be established, and appropriate
relief ordered under this chapter, without proof that an owner had
actual knowledge of the existence of the facts constituting the public
nuisance prior to the issuance of the notice and cease-and-desist
order, or that the owner acquiesced or participated therein.
[Amended 10-2-2023 by Ord. No. 1118]
(3)
Hearsay. Evidence may not be excluded solely on the
basis that it is hearsay.
(4)
Exclusions. The presiding officer may exclude evidence
that is incompetent, irrelevant, immaterial, unduly repetitious, or
governed by a privilege recognized by law.
(5)
Scope of evidence. On any genuinely contested material
issue, each party is entitled to call witnesses, offer evidence, including
rebuttal evidence, cross-examine any witness that another party calls,
present summation, and argument.
(6)
Documentary evidence. The presiding officer may receive
documentary evidence in the form of copies or excerpts.
(7)
Sequestration of witnesses. The presiding officer
shall have the power to sequester witnesses at the request of any
party to the proceeding.
(8)
Compulsory attendance of witnesses. If in the event
it becomes necessary in the interests of justice that a material witness
be required to attend the hearing by subpoena, the presiding officer
may postpone or continue the hearing if the interest of justice so
require to allow the party a reasonable time to obtain the attendance
of such witness through any proper available legal channels.
A.
Following the conclusion of the hearing, the presiding
officer shall promptly render a decision and the reasons therefor.
The presiding officer shall immediately notify all parties to the
proceeding of the decision, including the Mayor and the Chief of Police.
The decision shall be made orally at the conclusion of the hearing
and transcribed as part of the record. The presiding officer may also
issue the reasons articulated for the decision in written form within
no more than 10 days following the conclusion of the hearing.
B.
No public nuisance established. If the presiding officer
finds that the existence of a public nuisance has not been established
by a preponderance of the evidence at the hearing, the proceeding
shall be closed.
C.
Public nuisance established. If the presiding officer finds that the existence of a public nuisance has been established by a preponderance of the evidence at the hearing, an order of the public nuisance shall be issued by the hearing examiner, which shall be posted on the premises and given to those persons listed, and in the manner set forth, in § 120-3D of this chapter. On and after the 10th business day following the posting, the order may be enforced by the Chief of Police or their designee.
[Amended 10-2-2023 by Ord. No. 1118]
D.
Closing order. If the order directs the closing of the premises,
such closing shall be for such period and to the extent necessary
to abate the public nuisance, but in no event shall the closing be
for a period of more than one year from the date of the closing. Prior
to such closing, the premises shall be inspected by the City Code
Inspector and a written inventory made of the contents of the premises.
The proper representatives of the City may enter the premises during
the closing to inspect the premises.
[Amended 10-2-2023 by Ord. No. 1118]
E.
Owner's continuing obligations during closing. During
the closing, the owner of the premises shall be required to maintain
the premises in accordance with all City Codes, keep the premises
safe and orderly, and secure, and continue to keep and maintain all
insurance on the premises in effect prior to the cease and desist
order with proof of such insurance to be provided to the City Director
of Administration.
F.
Banishment option for elderly and disabled persons. If the hearing
officer finds that the owner of the premises, due to age or disability,
is without actual knowledge of the existence of the public nuisance
on the premises, such owner may obtain a stay of the closing order
by causing the public nuisance to be permanently abated by causing
the person or persons who are or were responsible for maintaining
the public nuisance on the owner's premises to permanently leave
and not return to the premises. By so doing, the owner shall be deemed
to consent to allow the proper representatives of the City to enter
the premises and to inspect the premises during reasonable hours and
upon prior notice. If the public nuisance is abated to the reasonable
satisfaction of the Chief of Police for a period of one year, the
closing order shall automatically terminate.
[Amended 10-2-2023 by Ord. No. 1118]
G.
Nature of closing. A closing directed pursuant to
this chapter is not an act of possession, ownership, or control by
the City of Havre de Grace.
H.
Use and occupancy permit. After the termination of a closing order,
the owner of the premises shall apply for and obtain an applicable
use and occupancy permit from the City before the premises may be
occupied.
[Amended 10-2-2023 by Ord. No. 1118]
[Amended 10-2-2023 by Ord. No. 1118]
The hearing officer may vacate the closing provisions of the
order if an interested person:
A.
Posts a bond for the period of the ordered closing in an amount of
the full assessed value of the premises as shown in the tax assessment
records of the Maryland State Department of Assessments and Taxation,
prorated for the proportional assessment of units closed if less than
all units therein are closed, but not to exceed $1,000,000 in any
case; and
B.
Submits adequate proof sufficient in the judgment and discretion
of the hearing officer that the behavior, activities, and other circumstances
giving rise to the public nuisance have been discontinued and will
not be maintained or permitted in any unit of the premises during
the period of the ordered closing.
Prior to the effective date of this chapter,
the Mayor and City Council of Havre de Grace shall prepare a written
notice outlining the provisions of this chapter. Such notices shall
be contained on the City's Web site, distributed to all property owners
in the City, and a reasonable number of copies shall be made available
for free to the public at City Hall, the City Police Station, the
public library, and disseminated through the media.
[Amended 10-2-2023 by Ord. No. 1118]
Prior to the effective date of this chapter, the Director of Administration or their designee shall promulgate procedures, rules, and regulations that may be necessary or proper to effectuate the purpose and the provisions of this chapter, including reasonable means of advising premises owners or their agents of any first or second arrest or conviction for the criminal conduct defined in § 120-1 of this chapter occurring in those premises which the Director of Administration determines will or may be subject to this chapter, and the procedures and terms for the posting of bonds.
Any person aggrieved by any final decision made
pursuant to this chapter, has the right of appeal to the Circuit Court
for Harford County as may be provided by law for appeals from municipal
administrative actions.
A.
Destruction, etc., of posted order. Any person who intentionally destroys, removes, or defaces an order posted by the City under authority of this Chapter 120, shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than $300 or imprisonment for not more than 30 days, or both.
[Amended 10-2-2023 by Ord. No. 1118]
B.
Failure to obey order.
[Amended 10-2-2023 by Ord. No. 1118]
(1)
Any person: (i) who intentionally disobeys any proper order issued
under this chapter; or (ii) who uses or occupies or permits any other
person to use or occupy any premises ordered closed, shall, upon conviction,
be guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment
for not more than one year, or both.
(2)
Each day a violation of this subsection occurs or continues is a
separate offense.
C.
Imprisonment in default of fine and costs. Imprisonment
in default of fine and costs shall be regulated by the provisions
of Article 38, Section 4 of the Annotated Code of Maryland, as the
same may be amended from time to time.
[Amended 10-2-2023 by Ord. No. 1118]
A.
Application. The provisions of this chapter shall apply generally
to all property throughout the City of Havre de Grace and up to one-half
mile outside of municipal limits as permitted by the Local Government
Article of the Maryland Annotated Code § 5-207, wherein
any of the nuisances hereinafter specified are found to exist; provided,
however, that any condition which would constitute a violation of
this chapter, but which is duly authorized under any City, state or
federal law, shall not be deemed to violate this chapter.
B.
Chapter to provide needed law enforcement tools. The enforcement
of abatement procedures by the Chief of Police and the penalties imposed
pursuant to this chapter:
(1)
Constitute additional methods of law enforcement to the fullest extent
permitted by law in response to the proliferation of the above-described
public nuisances; and
(2)
Are an exercise of the municipal police powers that are reasonable
and necessary in order to protect the health, safety, and general
welfare of the people of the City of Havre de Grace.
C.
Construction. This chapter shall be construed liberally in accordance
with its remedial purposes. The definition of public nuisances herein
shall not be subject to any restrictions or limitations upon public
or private nuisance actions at common law. This chapter is civil in
nature and none of its provisions should be interpreted as punishment.
This chapter is intended to complement and be compatible with the
provisions of § 14-120 of the Real Property Article of the
Annotated Code of Maryland, as the same may be amended from time to
time. Nothing in this chapter is intended to conflict with, supersede,
or otherwise interfere with the provisions of § 14-120 of
the Real Property Article of the Annotated Code of Maryland, the Local
Government Article of the Annotated Code of Maryland, or any other
state or federal law.
If any section, sentence, clause or phrase of
this chapter is held invalid or unconstitutional by any court of competent
jurisdiction, then said ruling shall not affect the validity of the
remaining portions of this chapter.
This chapter does not limit the availability
of any other legal or equitable remedies, including, but not limited
to, those existing legal and equitable remedies for nuisance abatement
of any type under City, state, or federal law.
