(a) The purpose of this section is to encourage property owners to voluntarily maintain their property in a nuisance free condition. When the Zoning Compliance Officer determines that a property owner(s)’ maintenance of garbage, refuse, or other debris constitutes a nuisance, the Council for the Municipality of Germantown may take appropriate action to abate the nuisance.
(b) Definitions. Specific words and terms as used in this section are defined as follows:
“Nuisance” means a condition that causes damage, annoyance, inconvenience, blight, and/or affects the health, safety and welfare of adjacent residents or properties with regard to garbage, refuse or other debris.
(c) Procedures.
(1) Upon information that a nuisance condition exists, the Zoning Compliance Officer shall notify the owner(s) of such property of the violation. Such notification shall identify the nature of the violation and state that the violation must be corrected within seven (7) days from receipt of the notice. Notification will be made in the following manner:
A. By certified mail, or
B. Posting the notification on the property in question, or
C. Hand delivery to the owner(s), or
D. If the owner(s)’ address is unknown and cannot be reasonably obtained, it shall be sufficient to publish the notice once in a newspaper of general circulation in the Municipality.
(2) The notice shall indicate that:
A. A nuisance exists on the property.
B. The property owner(s) is ordered to abate, control or remove the garbage, refuse or debris; and
C. If such garbage, refuse, or other debris is not abated, controlled, or removed within seven (7) days of notification, the Municipality will provide for the abatement, control, or removal of the nuisance, and any expenses incurred by the Municipality in performing that task will be entered upon the tax duplicate and will be a lien upon the land from the date of entry.
D. The property owner(s) may within the seven (7) day period after notification, enter into an agreement with the Municipality to provide for either the property owner(s) or the Municipality to perform the abatement, control or removal.
(3) Said notice, containing the abatement order as described in subsection (c)(2) above, shall be sent to the property owner(s) by certified mail and regular mail. If the address of the property owner(s) is unknown and cannot be reasonably obtained, the Municipality shall publish the notice once in a newspaper of general circulation within the Municipality. The Zoning Compliance Officer shall also cause a posting of said order to be placed at the property.
(4) If, within seven (7) days after notice is given, the property owner(s) fails to abate, control or remove the garbage, refuse and other debris, or if the property owner(s) fails to enter into an agreement with the Municipality to provide for the abatement of the nuisance, the Council shall make available funds and take all necessary actions to abate the nuisance. All expenses incurred in abating the nuisance shall be approved by the Council and paid from the General Fund.
(5) Upon having the nuisance abated, the Council shall prepare, and the Clerk shall submit, a written report to the Montgomery County Auditor. The report shall include a statement of the Municipality’s actions under this section, as well as a statement of all expenses incurred in providing for the abatement, control or removal of all garbage, refuse, or debris, including the Municipality’s charges for its services, notification and the amount paid for labor, materials and equipment along with a proper description of the property.
(d) Appeals Process. The owner may, within seven (7) days after completion of service of the notice, make a demand in writing to the Zoning Compliance Officer for a hearing on the question of whether in fact a public nuisance exists. The hearing shall be held within ten days following receipt of the written demand, and at least two days’ notice in writing of the hearing shall be given to the owner. The Municipal Manager shall conduct the hearing. After the hearing, the Municipal Manager shall prepare a formal decision and a copy of the decision shall be promptly served upon the owner in the manner provided for in subsection (c)(2) hereof.
(e) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) plus court costs or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 02-30. Passed 7-15-02.)