[HISTORY: Adopted by the Mayor and Council of the Town of Hampstead
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-1970 by Ord. No. 148]
[Added 11-11-2003 by Ord. No. 379]
Each of the following conditions, actions or activities, unless otherwise
permitted by law, is declared to constitute a public nuisance, and is subject
to criminal enforcement and penalties as provided in this article:
A.
The existence of any offensive or dangerous accumulation of weeds, trash, dirt, filth, waste shrubs, lawn or yard trimmings, the carcass of any animal or other offensive matter to include untrimmed weeds or grass as defined by Chapter 47 of the Town Code.
B.
The existence of any dead, diseased, infested or dying
tree or vegetation including such tree or vegetation that may constitute a
danger to street trees, streets, utilities or portions thereof.
D.
The existence of any tree, shrub or foliage growing on,
over, around or in front of any hydrant, curb box, water system connection
or any other appliance or facility provided for fire protection purposes in
such a way as to obscure the view thereof or impair the access thereto.
E.
The existence of any accumulation of materials or objects
in a location when the same endangers property, safety or constitutes a fire
hazard.
F.
The existence of a sidewalk or a portion of a sidewalk
adjacent to any premises which is out of repair, and in a condition to endanger
persons or property, or in a condition to interfere with the public convenience
in the use of such sidewalk.
G.
The dumping or otherwise unlawful depositing of refuse,
trash, debris or any other material without a permit.
H.
The existence of any obstruction to a street, alley,
crossing or sidewalk, and any excavation in or under any street, alley, crossing
or sidewalk, which is by ordinance prohibited, or which is made without lawful
permission, or which, having been made by lawful permission, is kept and maintained
after the purpose thereof has been accomplished.
I.
The erecting, maintaining, using, placing, depositing,
leaving or permitting to be or remain in or upon any private lot, building,
structure or premises, or in or upon any street, alley, sidewalk, park, parkway
or other public or private place in the Town, any one or more of the following
disorderly, disturbing, unsanitary, fly-producing. vermin-harboring, disease-causing
places, conditions or things:
(1)
Any putrid, unhealthy or unwholesome bones, meat, hides,
skins, the whole or any part of any dead animal, fish or fowl, or waste parts
of fish, vegetable or animal matter in any quantity, but nothing in this subsection
shall prevent the temporary retention of waste in approved covered receptacles.
(2)
Any privies, vaults, cesspools, sumps, pits or like places
which are not securely protected from flies and rats, or which are foul or
malodorous.
(3)
Any filthy, littered or trash-covered dwellings, cellars,
house yards, barnyards, stable yards, factory yards, vacant areas in the rear
of stores, vacant lots, houses, buildings or premises.
(4)
Any poison oak or poison ivy, Russian thistle or other
noxious weeds, whether growing or otherwise, but nothing in this subsection
shall prevent the temporary retention of such weeds in approved covered receptacles.
(5)
Any inherently offensive or dangerous accumulation of
bottles, cans, glass, ashes, paper or paper products, small pieces of scrap
iron, wire, metal articles, household appliances, bric-a-brac or cement, broken
concrete, broken glass, broken plaster and all such trash or abandoned material
unless it is kept in approved covered bins or appropriate containers.
(6)
Any trash, litter, rags, accumulations of empty barrels,
boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay,
straw or other packing materials, lumber not neatly piled, scrap iron, tin
or other metal not neatly piled, or anything whatsoever in which flies or
vermin may breed or multiply or which may be a fire hazard.
J.
The depositing, or causing to be deposited in any street,
alley, sidewalk, park, parkway or other public place which is open to travel,
of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish
or material.
K.
The storage or keeping on any premises in public view
for more than 30 days of any used or unused building materials, provided that
nothing in this subsection shall:
(1)
Prohibit such storage without a permit when done in conjunction
with a construction project for which a building permit has been issued and
which is being prosecuted diligently to completion.
(2)
Prohibit such storage without a permit upon the premises
of a bona fide lumberyard, dealer in building materials, or other commercial
enterprise when the same is permitted under the Zoning Ordinance and other
applicable laws.
(3)
Make lawful any such storage or keeping when it is prohibited
by other ordinances or laws.
L.
The existence of any fence or other structure or thing
or private property abutting or fronting upon any public street, sidewalk
or place which is in a sagging, leaning, fallen, decayed or otherwise dilapidated
or unsafe condition.
M.
The existence or maintenance on any premises of a storage
area, junkyard or dumping ground for the wrecking or disassembling of automobiles,
trucks, trailers, house trailers, boats, tractors or other vehicle or machinery
of any kind, or for the storing or leaving of worn out, wrecked, inoperative
or abandoned automobiles, trucks, trailers, house trailers, boats, tractors
or other vehicle or machinery of any kind or of any major parts thereof.
N.
The existence on any premises of any abandoned or unused
well, cistern or storage tank without first demolishing or removing from the
Town such storage tank or securely closing and barring any entrance or trapdoor
thereto or without filling any well or cistern or capping the same in accordance
with law.
O.
The existence on any premises, in a place accessible
to children, of any unattended and/or discarded icebox, refrigerator, or other
large appliance.
P.
The existence of any drainage, outfall or sump pump outflow
onto or over or onto any sidewalk or public way except for existing downspouts
on or along Main Street.
Q.
Sounds and noises during certain hours.
(1)
Production of any of the following sounds or noises between
the hours of 10:00 p.m. to 7:00 a.m. on Mondays through Fridays, excluding
legal holidays, and between the hours of 10:00 p.m. and 9:00 a.m. on Saturdays
and Sundays and legal holidays, except in the cases of bona fide emergency
or under municipal permit in case of demonstrated necessity:
(a)
Sounds caused by the construction or repair of any building
or structure.
(b)
Sounds caused by construction. maintenance, repair, clearing
or landscaping.
(c)
Sounds created by the installation or repair of utility
services.
(d)
Sounds created by construction equipment including special
construction vehicles.
(2)
It is intended that the sounds described in this subsection
refer to sounds heard beyond the property line of the source.
R.
Production at any time of any of the following sounds
or noises, which by reason of their intensity, frequency, duration, volume,
pitch or any other reason, disturb the peace, quiet, repose or comfort of
any person or persons:
(1)
The sounding of any horn, siren or other signaling device
except as a warning of danger, or as specifically permitted or required by
law.
(2)
Sounds in connection with the starting, operation, repair
or rebuilding, or testing of any motor vehicle or internal combustion engine
within a residential district.
(3)
The use of a sound amplifier or other device capable
of producing or reproducing amplified sound upon public streets for the purpose
of commercial advertising for sales or for attracting the attention of the
public to any vehicle, structure, or property or the contents therein, except
as permitted by law, and except that vendors whose sole method of selling
is from a moving vehicle shall be exempt from this subsection.
(4)
The use of a musical instrument, whistle, radio, sound
amplifier or other device capable of producing or reproducing sound.
(5)
Sounds produced by any vehicle which is so loaded, or
has any defect or is not equipped with a proper muffler so as to cause loud
and unnecessary grating, grinding, rattling or other noise.
(6)
Any other unreasonably loud, disturbing, continuous,
irritating, or unnecessary noise, whether emanating from a human, animal or
mechanical source.
S.
Any other condition, action or activity that presents
a risk to public health, safety or welfare as determined by the Chief of Police,
Town Manager or other authority as recognized by the Town Council.
[1]
Editor's Note: Former § 95-1, Report of nuisance by Mayor,
was repealed 3-15-1993 by Ord. No. 248.
[Amended 3-15-1993 by Ord.
No. 248]
The Mayor and Council is hereby authorized and empowered to notify the
owner or owners, occupier or occupiers of any premises which they deem to
be in a state of nuisance or in such a condition that the creation of a public
nuisance is imminent or in such condition that the water supply of the Town
of Hampstead may become polluted and the health of the citizens thereby endangered,
directing such persons to have such nuisance or to cause such nuisance or
condition to be abated or removed within 72 hours from the date that said
notice is personally served or mailed by certified mail, addressed to said
owner, owners, occupier or occupiers or tacked upon the main building on the
premises.
[Amended 3-15-1993 by Ord.
No. 248]
If such owner or owners, occupier or occupiers fail to abate such nuisance or condition or remove the cause thereof within the time set out in § 95-2, the Town Council of Hampstead may then cause such nuisance or condition to be abated and the cause of such nuisance removed by whatever means it deems feasible; and the actual cost thereof shall thereafter be billed to the owner or owners of said premises, who thereupon become obligated to reimburse said Town of Hampstead, and suit may be brought to recover such sums.
[Added 3-15-1993 by Ord.
No. 248]
If the owner or owners fail to make payment as provided for in § 95-3 above, then, in addition to all other remedies, the Town may cause to be recorded in the Town office a sworn statement showing the cost and expense incurred for such work, the date the work was done and the location of the property on which the work was done. Recording of such sworn statement shall constitute a lien on the property involved and shall remain in full force and effect for the amount due, plus interest and cost of court, if any, for collection, until final payment is made. Said cost and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 2/3 of 1% per month in the event that the same is not paid in full on or before the date that the tax bill, upon which such charge appears, becomes delinquent. Sworn statements filed in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work was done properly and satisfactorily at a reasonable cost and shall be full notice to every person concerned that the amount constitutes a charge against the property designated or described in said statement and that the same is due and collectible as provided by law.
[Amended 2-16-1993 by Ord.
No. 231; 3-15-1993 by Ord.
No. 248; 11-11-2003 by Ord. No. 379]
If such owner or owners, occupier or occupiers of said premises shall, after the abatement and/or removal of the cause of said nuisance within a period of two years from the date of said notice provided in § 95-2 hereof, create a similar nuisance on such premises or allow a similar condition endangering public health to exist, such conduct shall be a municipal infraction subject to a fine not to exceed $500. Each day such nuisance shall continue unabated shall constitute a separate infraction.
[Adopted 11-13-2007 by Ord. No. 437]
For the purpose of this article, the following definitions shall apply:
Any building arranged, designed or used in whole or part to provide
living facilities for one or more families. "Dwelling" shall include both
the enclosed area within a dwelling as well as the exterior premises of the
dwelling within the boundary lines of any real property on which the dwelling
is located.
Any person who lives in or has possession of or holds an occupancy
interest in a dwelling; or any person residing in or frequenting the premises
of the dwelling with the actual or implied permission of the owner or lessee.
Any person, agent, operator, firm or corporation having a legal or
equitable interest in the dwelling; or recorded in official governmental records
as holding title to the dwelling; or otherwise having control of the dwelling,
including the guardian of the estate of any such person and the executor or
administrator of the estate of such person if ordered to take possession of
such property by a court.
Town of Hampstead.
The Code of the Town of Hampstead.
The Town Manager, Assistant Town Manager or Chief of Police.
A disorderly house nuisance is a dwelling as defined in this article
where any of the following has occurred within a three-hundred-sixty-five-day
period.
A.
Two or more criminal arrests, criminal citations, criminal
indictments, criminal warrants, criminal summonses, civil citations or civil
summonses arising out of separate and distinct facts and circumstances (as
defined by the statues of the State of Maryland and/or the ordinances of the
Town of Hampstead or of Carroll County Maryland) which occur at a dwelling
or on property in close proximity to a dwelling; or
B.
Two or more violations of Article 2B of the Annotated
Code of Maryland relating to alcoholic beverages arising out of separate,
and distinct facts and circumstances; or
C.
Two or more violations of Chapter 81 of the Carroll County
Maryland Code of Public Local Laws and Ordinances (Animals) arising out of
separate, and distinct facts and circumstances; or
D.
Two or more violations of Chapter 141 of the Carroll
County Maryland Code of Public Local Laws and Ordinances (Livability Standards)
arising out of separate, and distinct facts and circumstances; or
F.
A combination of two incidents from any of the above
categories, arising out of separate and distinct facts and circumstances.
A.
No owner or occupant of any dwelling shall allow or permit
such dwelling to be, or become a disorderly house nuisance.
B.
An owner and/or occupant, as the case may be, shall be
deemed to have allowed or permitted a dwelling to be or become a disorderly
house nuisance, if:
(2)
Such acts were committed by invitees of the occupant
or owner; or
(3)
Such acts were committed by persons attending events,
or functions, sponsored, permitted or allowed by the occupant or owner; or
(5)
The owner or occupant has been provided with the written notice of a disorderly house nuisance pursuant to § 95-8 below, the facts alleged therein are true, and the owner or occupant fails or refuses to enter into a nuisance abatement agreement, or after entering into such agreement, fails to comply with its terms.
No person shall be prosecuted for a violation of this article until
the Town Manager shall serve such person with the notice provided herein,
and the person has either failed, or refused to enter into the nuisance abatement
agreement provided for hereinafter or, after entering into such agreement,
the person fails to comply with its provisions. Such notice may be served
on any person by personal service or, in the case of an occupant, by certified
mail addressed to the address of the dwelling or, in the case of a nonoccupant
owner, by certified mail to his/her last known address or, if none, the address
to which any tax statement is sent to such owner for the dwelling or by posting
of the dwelling, on the structure or at a location on the exterior premises,
or by any other method of service reasonably calculated to give actual notice.
Such notice shall contain at a minimum the following:
A.
That a disorderly house nuisance exists as defined by § 95-6 at the location specified in the notice.
B.
The date of the commission of the acts which constitute
the basis for the disorderly house nuisance, the name(s) of the person(s)
committing such acts if known and all other facts and circumstances that the
Town relies upon to allege that such acts form the basis for the disorderly
house nuisance. Copies of police reports may serve as this documentation.
C.
The date, time, and place where the person is to appear,
and meet with the Town's representative to participate in the nuisance
abatement conference.
D.
That failure to appear, or failure to make satisfactory
arrangements for an alternative date and time, at the time, place and manner
designated in the notice may result in prosecution of a violation of this
article and the imposition of penalties, as prescribed by this article.
At the nuisance abatement conference, the Town's representative
and the owner and/or occupant shall discuss the facts constituting the disorderly
house nuisance and shall attempt to agree on specific actions that the owner
and/or occupant can take to abate said disorderly house nuisance.
A.
At the conclusion of the nuisance abatement conference,
the Town's representative shall submit to the owner and/or occupant a
proposed written nuisance abatement agreement. If, at the conclusion of the
conference, the Town's representative needs more time to draft said proposed
agreement, then a follow up meeting shall be scheduled with the owner and/or
occupant, within 10 days of the initial conference for submittal and review
of the completed proposed nuisance abatement agreement.
B.
Any nuisance abatement agreement under this article shall
include a list of specific actions and specific schedule of deadlines for
said actions to abate the disorderly house nuisance. It may also include provisions
for a periodic reassessment of the agreement's effectiveness, and the
procedure for a modification of the agreement. A nuisance abatement agreement
or any written modification to said agreement may impose conditions or requirements
on the owner and/or occupant for a period of up to 24 months from the date
the original agreement is entered into by the owner and/or occupant and the
Town. A nuisance abatement agreement or any modification may impose one or
more of the following conditions or requirements on the owner and/or occupant:
(1)
Institution of eviction proceedings against identified
individual(s) from the dwelling in question.
(2)
Written notification from the owner and/or occupant to
an identified individual or individuals that they are prohibited from entering
onto the premises of the dwelling.
(3)
Utilization of written leases containing a provision
or provisions requiring eviction for criminal activity.
(4)
The completion of improvements upon the premises of the
dwelling which have the impact of mitigating crime, including, but not limited
to, the erection of fences, installation of security devices upon the entrances
or increased lighting.
(5)
Any other reasonable condition or requirement designed
to abate the disorderly house nuisance.
C.
Once a proposed written nuisance abatement agreement
or written modification to nuisance abatement agreement has been submitted
to the owner and/or occupant, said owner and/or occupant shall have 48 hours
to review it and enter into said agreement by signing it and returning it
to the Town Manager.
The Town Manager may commence prosecution alleging a violation of this
article under the following circumstances:
B.
The owner and/or occupant does not attend a nuisance
abatement conference with the Town Manager within the time period described
previously; or
C.
The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in § 95-10; or
D.
The owner and/or occupant subsequently fails or refuses
to comply with any conditions or requirements set forth in a nuisance abatement
agreement, including any prescribed deadlines for taking particular actions.
In addition to prosecution of the offenses defined in this article or
to pursuing any other remedies available under this Code, the Town Manager
may prosecute an action for equitable relief in the name of the Town, to abate
the nuisance and to enjoin any person who shall own, rent or occupy the dwelling
in question from using or permitting its use in violation of the provisions
of this article.
A.
Any person who shall violate a provision of this article,
or fail to comply therewith, or with any of the requirements thereof, shall
be prosecuted within the limits provided by state or local laws. Each day
that a violation continues after due notice has been served shall be deemed
a separate offense. In addition to other remedies, any violation may be deemed
a municipal infraction and prosecuted as such. The penalty for violation shall
be a fine of $500 for each offense, which may be doubled in accordance with
applicable law, and/or the issuance of an abatement order.
B.
Upon a finding of guilt under this article, the court
may, in addition to other remedies permitted by law, impose any or all of
the following conditions:
(1)
The completion of improvements upon the premises of the
dwelling which have the impact of mitigating crime and criminal activity,
including, but not limited to, the erection of fences, installation of security
devices or increased lighting;
(2)
Requirement of a written lease for occupants which includes
provisions requiring eviction for criminal activity;
(3)
Submitting tenancy lists on a periodic basis to the Town;
(4)
Imposition of a period of court supervision with the
posting of a cash bond of no less than the minimum fine and up to the amount
of the maximum fine for the period of court supervision in an interest-bearing
account conditioned on successful completion of the conditions imposed by
the court under the court supervision, and failure to complete successfully
shall result in forfeiture of the bond to the Town; and
(5)
Any other condition reasonably related to the objective
of abating the disorderly house nuisance.
