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Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17
Title 8: Health and Safety
8.04 Abandoned Property
8.08 Fire Prevention Regulations
8.12 Garbage and Weeds
8.16 Hazardous and Dangerous Buildings
Chapter 8.04: ABANDONED PROPERTY
8.04.010 Definitions.
The following definitions apply in the interpretation and enforcement of this chapter:
"Abandoned motor vehicle" means any motor vehicle which is not housed or stored in a completely enclosed building. A "vehicle" means any device in, on, or by which any individual or property is or might be transported or towed on any
road and includes, but is not limited to cars, trucks, campers, boats and trailers. In addition, vehicles will be deemed abandoned if any of the following conditions apply:
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Is unregistered or unlicensed;
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Displays tags assigned to another vehicle;
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Is unused for any period of time so as to cause it to be a breeding ground for rodents, insects or any other vermin;
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The vehicle is rusted, wrecked, dismantled or in a deteriorated condition so as not to be lawfully permitted on public roads;
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The vehicle is declared a nuisance and danger to health, safety and welfare.
"Abandoned movable property" means any household appliances or any parts of such appliances or of other machinery or any scrap metal; construction items which are not being used in any current construction, which remain in one place
on any private property for a period in excess of five (5) days. (Ord.
30-03 (part) Ord. 93-15 § 1 (part): Ord. 91-7 (part): prior code Art. V § 5A)
8.04.020 Notice/Removal
When an abandoned motor vehicle or abandoned movable property is found within the town, the owner of the property shall be notified that he or she is required to remove such property within seven (7) days of receiving such notice. (Ord.
03-03 (part): Ord.
93-15 § 1 (part): Ord. 91-7 (part): prior code Art. V § 5B)
8.04.030 Violation—Penalty.
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In the event that an owner of real property does not remove an abandoned motor vehicle or abandoned movable property within seven (7) days from the date of receiving the notice set forth in Section 8.04.020, the owner of the
property will be in violation of this chapter. A violation of this chapter shall be a municipal infraction, the penalty for which shall be seventy-five dollars ($75.00). Each day such violation shall occur shall be another violation of this chapter.
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In the event the owner of the vehicle or property shall fail or refuse to comply with such notice, it shall be lawful for the town to remove the same and charge the cost to the owner of the vehicle and/or the property owner. (Ord
03-03 (part): Ord.
93-15 § 1 (part): Ord. 91-7 (part): prior code Art. V § 5D)
Chapter 8.08: FIRE PREVENTION REGULATIONS
8.08.010 Removal of idlers from scenes of fires.
At the time of a fire, directors and officers of the fire companies and the town police shall direct that idle persons be removed to a convenient distance from the fire or property to be preserved, and they may form a fire line for
that purpose. Any person refusing to comply with such order or direction, or wilfully breaking through or passing such line, or aiding therein, shall be guilty of a misdemeanor. (Prior code Art. IV § 1)
8.08.020 Dangerous buildings.
If any building or structure, or part thereof, as the result of a fire, is in danger of falling to the peril of the life, limb or property of any person along any street within the city limits, the owner or occupant of any such
building shall, at his own expense, cause such structure to be torn down or put in a safe condition within twelve (12) hours after notice to do so by the chief of police. (Prior code Art. IV § 2)
8.08.030 False alarms.
If any person shall knowingly give, or cause to be given, any false alarm of fire, such person shall, on conviction, be guilty of a misdemeanor. (Prior code Art. IV § 3)
8.08.040 Inspections of premises required.
It shall be the duty of the mayor, or some person appointed by him, to inspect, as often as may be necessary, but not less than once each year, all buildings, premises and public thoroughfares, except the interior of private
dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance affecting the fire hazard. (Prior code Art. IV § 4)
8.08.050 Orders for removal of fire hazards.
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Whenever the mayor or some person appointed by him as above provided shall find in any building or upon any premises or other place combustible or explosive matters or a dangerous accumulation of rubbish or any unnecessary
accumulation of waste paper, boxes, shavings or any highly flammable materials, and so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operation of the fire department, or
egress and ingress of occupants in case of fire, he shall order the same to be removed or remedied. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four (24) hours to the board of
commissioners, who shall, within five days review such order and file their decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant, within five days after such appeal shall have been determined,
and if such owner or occupant shall fail to obey such order within five days after the service of the order or the determination of the appeal, whichever is later, he shall be guilty of a misdemeanor.
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Service of any such order shall be made upon the occupant of the premises by either delivering a true copy of the same to such occupant personally or by delivering the same to and leaving it with any person in charge of the
premises, or by affixing a copy thereof in a conspicuous order on an owner who is not an occupant may be made by mailing such copy to the owner's address as sown on the town assessment records. (Prior code Art. IV § 5)
8.08.060 Fire Prevention Code adopted by reference.
This chapter does adopt and declare the State of Maryland Fire Prevention Code, adopted September 1, 1964, Frederick County Fire
Prevention Code and all subsequent revisions, as and to be the Fire Prevention Code of the town of Emmitsburg. (Prior code Art. IV § 6)
8.08.070 Abrogation.
These rules and regulations shall not be construed as limiting, waiving or abrogating any existing town ordinances heretofore passed by the town. This chapter and these rules and regulations shall not be construed as a limitation
upon the powers of the mayor and commissioners of the town to pass and set forth any additional codes, rules and/or regulations dealing with fire prevention and the public health, safety and welfare of the town. (Prior code Art. IV § 7)
8.08.080 Violations—Penalties.
The violation of any of the provisions of this chapter shall be punished by a fine not exceeding one hundred dollars ($100.00), or by imprisonment in the Frederick County jail for not more than ninety (90) days, or both fine and
imprisonment in the discretion of the court. Each day any violation of the provisions of this chapter shall continue, shall constitute separate offenses hereunder. (Ord. 74-3A § 1: prior code Art. IV § 8)
8.08.090 Jurisdiction.
The district court of Maryland for Frederick County shall have original jurisdiction in the hearing of cases involving violations of the provisions of this chapter. (Prior code Art. IV § 9)
Chapter 8.12: GARBAGE AND WEEDS
8.12.010 Depositing refuse, etc., in public places.
No house refuse, rubbish, filth, garbage, dead animals or any part thereof, decaying vegetable matter or organic waste substance of any kind shall be deposited on any street or in any storm water sewer or part thereof, or public
place within the corporate limits of the town. (Prior code Art. V § 1)
8.12.020 Burning garbage, refuse, etc., in the town.
No dead animals or parts thereof, garbage, refuse, rubbish, filth, or decaying matter of any kind or any other matter liable to produce nauseating or offensive smoke or vapors of any kind shall be burned within the town limits
without a permit from the town of Emmitsburg. Applicant would need Frederick county burn permit before applying to the town for a permit. There is no fee for the town permit. (Ord.
01-10: Prior code Art. V § 2)
8.12.030 Filth, rubbish, etc., on premises.
A. No person owning or occupying any lot,
house, building,
enclosure, or property
shall allow or permit to exist in or upon such premises
any accumulations of trash, garbage, filth, rubbish,
appliances, machine or mechanical parts, tires, animal
or vegetable matter, solid or liquid, or of any stagnant
or contaminated water or of any other substance which is
or may be liable to become putrid, offensive, poisonous,
annoying or unhealthy.
B.
Whenever any condition prohibited by this section
shall be
found to exist within
the town, the town manager or his designee shall give
notice to the owner or occupant of the premises or the
person responsible for such condition to abate such
condition within such reasonable time as may be
specified in such notice. Notice shall be made by
mailing such notice to the property address and to the
address of the owner as listed on the property tax
records. Notice may also be made by posting said notice
on the front door or other prominent location on the
property.
C. If the owner
and/or occupant of the property fails or
refuses to abate the
condition within the time stated in the notice, then the
owner and/or occupant of the property shall be deemed in
violation of section and a citation for the infraction
may be issued to the owner and/or occupant of the
property. Each day that the condition continues shall
be a separate infraction for which a separate citation
may be issued.
D. A violation of this section shall be a
municipal infraction
punishable by a fine of
$75.00 and shall be enforceable pursuant to the
applicable provisions of title 1 of the code. In
addition thereto, the town may pursue any other remedy
available to it, at law or in equity, including
injunctive relief, to enforce this section or to correct
violations of this section.
8.12.040 Removal of grass and weeds.
All grass and weeds growing in the town shall be controlled to the herein defined standards.
Allowed height in stream corridors. Within 15 feet of the location where the bed of a watercourse, such as a stream or rill, meets the bank, vegetation should be
maintained at a minimum height of 6 inches, with a maximum height of 18 inches allowed. Where location of the bank is not readily determined, the town code enforcement
officer will delineate the location. Measurement will be linear and in a horizontal plane.
Maximum height outside of stream corridors - in undeveloped areas the maximum height allowed for grass and weeds will be eighteen (18) inches. In all
improved areas, which includes all zoning districts, the maximum height allowed will be eight (8) inches. In the event that the owner, occupant or person in possession of
any premises shall fail to trim or cut down and remove any grass or weeds which are taller than herein defined within five days from the receipt of a notice to do so, the owner
of said property shall be guilty of a misdemeanor. In the event that any person shall fall or refuse to comply with such notice, it shall be lawful for the town to impose
a fine to said property owner of up to seventy-five dollars ($75.00) per day.
Pesticide
application is not considered an acceptable method to
control grass height.
Properties
devoid of any permanent structures in improved areas may
be designated "meadow areas" by the town manager.
Meadow areas are considered to "land that is covered or
mostly covered with grass."
Meadow areas
shall be cut twice per year to a height not in excess of
twelve (12) inches. One cutting shall take place
in late spring and a final cutting shall take place at
the end of the growing season.
(Ord.
03-13: Ord. 00-9: prior code Art. V § 4) (Ord
12-02, February 20, 2012)
8.12.050 Riparian Buffer
For purposes
of this ordinance, a riparian buffer is a vegetated area along a watercourse, such as a stream or rill, that provides protection for the watercourse
from erosion and pollutants, thereby enhancing water quality and preventing stream degradation. It may also provide wildlife habitat and shade canopy, depending on the
types of vegetation utilized.
A riparian buffer should be exempt from the mowing requirements of section 8.12.040 if the following requirements are met:
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A plan must be prepared by a licensed forester, licensed landscape architect, or other qualified professionals approved by the
State of Maryland and/or the Town, and include the following:
1. Scale no greater than 1" =50'
2. Location of the watercourse
3. Limits of riparian buffer planting area
4. Type and location of plantings, including description of heights at maturity.
Only native species may be utilized.
5. Pre-planting treatment of invasive species
6. Post-planting monitoring and maintenance plan, including invasive species
elimination and tree replacement.*
7. Signature of property owner acknowledging consent to undertake the
plantings.
8. Signature of party responsible for maintenance of the riparian buffer
*See Maryland Department of Natural Resources Forest Service
Riparian Forest Buffer Design and Maintenance
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The plantings, location, and extent of the riparian buffer must be approved by the town staff.
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In order to remain exempt from Ordinance Section 8.12.040, said riparian buffer must be continually maintained pursuant to the
approved maintenance plan.
If a site is subject to a forest conservation plan as required by article 4 of the Town Code, the plan and conditions required by
that section would apply instead, if the forest conservation plan includes a stream corridor.
Chapter 8.16: HAZARDOUS AND DANGEROUS BUILDINGS
8.16.010 Hazardous and dangerous buildings.
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Whenever the mayor and commissioners determine that the condition of any dwelling, house, building, structure, excavation, matter or thing or the lot on which it is situated, or the plumbing, sewage system, drainage, light or
ventilation thereof constitutes a danger or detriment to public life, health, safety or comfort, it may order that such condition be remedied, abated or eliminated.
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The owner of such property, or his agent, shall be provided with any order issued hereunder. If the owner or his agent cannot be located or their whereabouts are unknown, then the order shall be posted on such property at a
location which may reasonably and readily be observed by persons in the vicinity thereof.
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The order shall state:
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The nature of the dangerous condition that must be abated, remedied or eliminated;
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That the order must be complied with within fourteen (14) days, or a period deemed reasonable by the mayor and commissioners, after service or posting;
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That in the event of noncompliance, such order may be executed by the town through its officers, agents, or contractors;
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That the expense incurred incident to the execution of the order shall be paid by the owner of the property;
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That such expense may be recovered by the town by appropriate legal action and shall constitute a lien on the property; and
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That such owner may request, in writing within fourteen (14) days from the receipt or notice of such order, an opportunity to appear before the mayor and commissioners to show cause why the order should not be complied with.
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Upon receipt or notice of such order, the property owner shall, upon written request served on the mayor and commissioners within the fourteen-day period, be afforded an opportunity to appear before the mayor and commissioners to
show cause why the terms of the order should not be complied with. Upon receipt of such request, the mayor and commissioners shall promptly hold a hearing at which time the landowner shall be afforded an opportunity to be heard on the matters raised in the order.
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If, at the conclusion of the hearing, the mayor and commissioners determined that the order should be complied with, the property owner shall comply with such order within fourteen (14) days, or the period originally assigned by
the mayor and commissioners, thereof. If such order is not complied within that time period, then such order may be executed by the town through its officers, agents, employees or contractors, and the expense incurred incident to the execution of said order shall be paid by
the owner of said property and such expense may be recovered by the town by appropriate legal action.
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In the event that the landowner fails to timely request a hearing, then the order may be executed by the town through its officers, agents, employees or contractors and the expense incurred incident to the execution of the order
shall be paid by the owner of the property, and such expense may be recovered by the town by appropriate legal action.
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In the event that the condition is of such character as to require immediate and emergency action in order to preserve public life, health, comfort or safety, the mayor and commissioners may proceed to eliminate, abate or remedy
such condition and provide to the landowner only such notice as shall under the circumstances be reasonable and proper in the judgment of the mayor and commissioners. When proceeding under this section, the condition may be abated or remedied only to that extent necessary
to alleviate the emergency and immediate danger to public life, health, safety and comfort.
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In executing any order hereunder, the town may use any means reasonably necessary to remedy, abate or eliminate the condition including, but not limited to, removal, demolition, dismantlement, suspension, alteration or other
improvement.
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Any expense incurred by the town in eliminating, abating or remedying the condition shall constitute a lien on the subject property and is recoverable by the town in the same nature as other liens on real estate. (Ord. 95-11 § 1:
prior code Art. V § 6)
8.04 Abandoned Property
8.08 Fire Prevention Regulations
8.12 Garbage and Weeds
8.16 Hazardous and Dangerous Buildings
Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 |
