(A) Declared. On any parcel of property in Frederick County, Maryland, it is hereby declared to be a nuisance and a danger to the public health, safety and welfare for any contaminated water, filth, garbage, and rubbish, including, but not limited to more than 2 dismantled, inoperative or unlicensed motor vehicles, unless within a completely enclosed building or within a permitted commercial or industrial zoning district, and any abandoned or discarded appliances, including, but not limited to, stoves, refrigerators, freezers and the like, or any offensive or deleterious matter to be and remain on any premises which is subject to this section in the county.
(B) Violation; penalty. If the owner of said premises shall fail to remove said filth, rubbish, and the like within 10 days of the date of the notice to do so from the County Health Officer, Director of the Department of Permits and Inspections, or any other duly authorized county official, he shall be guilty of a misdemeanor and, upon conviction of a violation of this section, shall be subject to a fine not to exceed $500 or be imprisoned for a period not to exceed 30 days or both fined and imprisoned. Each day a violation exists shall be a separate offense.
(C) Civil nuisance infractions.
(1) Pursuant to the provisions of § 2-2-29 of the Frederick County Code, the failure of the owner to comply with the terms of the notice given under subsection (B) above shall also constitute a civil infraction.
(2) The citation, as provided for in this section, shall be in writing and shall contain the following:
(a) The name and address of the person charged (or warned);
(b) The nature of the violation;
(c) The location of the violation;
(d) The date(s) of the violation;
(e) The amount of the fine assessed (or possible of assessment);
(f) The manner, location and time in which the fine may be paid (or violation corrected, if applicable);
(g) The person’s right to stand trial for the violation (if applicable); and
(h) A certification by the County Health Officer or Director of the Department of Permits and Inspections or authorized agent attesting to the truth of the matters set forth.
(3) Whenever an alleged or possible nuisance comes to the attention of the county, the procedure to be followed is:
(a) That the County Health Officer or Director of the Department of Permits and Inspections will investigate whether a nuisance exists;
(b) That, if he reasonably finds that a nuisance exists, he will issue a notice to the person or persons responsible, giving the person 10 days to remove the nuisance;
(c) That if the nuisance continues or is allowed to occur after the 10 day notice, the Director will issue a citation to the person or persons responsible in the form and manner as outlined in this section.
(4) A fine of $100 is hereby imposed upon any person responsible for a civil infraction for each violation. Each day such violation is permitted to exist shall be considered a separate infraction. All fines shall be payable to the county, in the Department of Permits and Inspections, which shall remit same on a daily basis to the County Treasurer.
(5) A person who receives a citation may elect to stand trial for the offense by filing with the County Health Officer or the Director of the Department of Permits and Inspections a notice of intention to stand trial. The notice shall be given at least 5 days before the date of payment of the fine as set forth in the citation. On receipt of the notice of intention to stand trial, the Director shall forward to the District Court for Frederick County, Maryland, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for civil infractions shall be remitted to the county, through the County Treasurer.
(6) If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the infraction shall be sent to the person’s last known address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for a fine of $200 for each infraction. If, after 35 days, the citation is not satisfied, the Director may request adjudication of the case through the district court. The district court shall schedule the case for trial and summon the defendant to appear.
(7) Adjudication of an infraction under this subsection is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(8) In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Md. Code Ann., Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil infractions under this section.
(9) If a person is found by the district court to have committed a civil infraction, he shall be liable for the costs of the proceedings in the district court.
(10) Depending on the circumstances of each case and after consultation with the County Attorney, the County Health Officer or Director of the Department of Permits and Inspections has the discretionary authority to reduce or suspend all or a portion of the fine payable through his office.
(11) Nothing contained in this section shall prohibit or prevent the county, or anyone else, from seeking other legal remedies, such as injunctions or criminal prosecution.
(D) Abatement by county. In the event the owner shall fail or refuse to comply with such notice, in addition it shall be lawful for the county to have the material removed and charge the cost to the owner of the property, which amount may be collected by a suit in a court of appropriate jurisdiction. This section shall prevail over any other ordinance, rule or regulation governing the same subject matter to the extent that this section is more restrictive.
(Ord. 79-20-146, 8-14-1979; Ord. 86-27-404, 5-27-1986; Ord. 90-22-620, 6-9-1990; Ord. 14-23-678, 11-13-2014)