As used in this chapter, the following terms shall have the meanings
indicated:
ABATEMENT
The removal, stoppage, or destruction of that which causes or constitutes
a nuisance, whether by repairing, breaking or pulling it down, or otherwise
destroying, or effacing it.
EMERGENCY ABATEMENT
Abatement of the nuisance by the Town of Federalsburg, or a contractor
employed by the Town, by removal, repair, or other acts to render the property
safe.
NOTIFY
To cause a written notice containing the address and location of
the property, the nature of the nuisance on the property, a description of
the actions necessary to abate the nuisance, and a reasonable time period
for the nuisance to be abated to be served on the owner by personal service
or by leaving a copy of the notice at the usual place of residence or business
of the owner, or by sending the notice by regular United States mail and by
United States certified mail, return receipt. If service is unable to be perfected
by any of the methods described above, the notice shall be published in a
newspaper of general circulation in the Town, once a week for two consecutive
weeks and posted at the property.
OWNER
The owner of record based on the Town of Federalsburg's records
or any person with legal, financial or equitable interest in the property
on which the alleged public nuisance exists at the time of the violation.
PROLONGED VACANCY
With respect to a residential property, a residential structure that
has been unoccupied for 120 consecutive days; with respect to a commercial
property, a commercial structure that has not been used for a commercial purpose
for 120 consecutive days; a partially constructed or demolished building or
structure where work is abandoned for 120 consecutive days; or a damaged or
partially destroyed building or structure where removal or repair has not
commenced within 120 days after the damage or destruction. "Prolonged vacancy"
does not mean a property that is actively being marketed for lease or sale
and that is maintained in accordance with the Federalsburg Building and Property
Maintenance Codes.
PROPERTY
Any real property, premises, structure or location on which a public
nuisance is alleged to exist.
PUBLIC NUISANCE
A.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the State of Maryland, Caroline County,
or the ordinances of the Town of Federalsburg; or
B.
Any structure or part of a structure, tree, excavation, hole, basement,
or any property or any part thereof that by reason of its condition is a danger
to the health or safety of a person or another property or is a visual blight
to surrounding properties. Examples of conditions that may cause a public
nuisance are:
(1)
The property is a fire hazard.
(2)
The property is unsafe for occupancy, or use on, upon, about or around
the property or constitutes an unsafe condition for a person who may reasonably
enter the property whether or not authorized.
(3)
The property is not sufficiently or adequately maintained to such an
extent that it depreciates the enjoyment, use, and or property values of other
properties in the immediate vicinity.
(4)
The property has been in a state of prolonged vacancy.
(5)
The property violates the Town of Federalsburg Building and/or Property
Maintenance Code, and such violations have not been remedied in a timely manner.
(6)
The property is a threat or hazard to the general health and safety
of the community.
Within the time frame set forth in the notice to abate a nuisance, the owner, agent of the owner, or individual in possession of the affected property shall remove and abate such nuisance or file an appeal with the Code Enforcement Officer as provided in §
155-5.
The person who is the owner of the property upon which a nuisance was
abated shall be personally liable for the amount of the lien, including all
interest, civil penalties, and other charges.
The procedures provided in this chapter shall be in addition to any
other procedure or legal remedy provided by law. Nothing in this chapter shall
be deemed to prevent the Mayor and Council from commencing a civil or criminal
proceeding to abate a nuisance under applicable civil, criminal, or Town Code
provisions as an alternative or alternatives to the proceedings set forth
in this chapter.