CHAPTER 15.

NUISANCES.

15-1. Defined generally.

15-2. Public nuisances.

15-3. Duty to remove after being notification.

15-4. Trash, waste material, weeds, etc.--Procedures for removal by City.

15-5. Throwing, dumping, of trash, junk, etc.--Prohibited.

15-6. Refrigerators and other lockable devices--Prohibited.

15-7. Penalty.

Sec. 15-1. Defined generally.

Whatever is dangerous to life or health, whatever renders air, food, water and drink unwholesome or unfit for the use of man; whatever odors or exhalations are offensive to the inhabitants or dangerous to the public health; whatever accumulations of animal or vegetable matter, solid or liquid, which are dangerous or harmful to the neighborhood, or are likely to become so, are declared to be nuisances within the scope and meaning of this Chapter.

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Sec. 15-2.   Public nuisances.

Any trash, waste material, garbage, offensive and dirty material, or grass, weeds, briars and brush more than eight (8) inches tall, which may be allowed to accumulate or grow on any property adjoining any of the streets, alleys or lanes and within two hundred (200) feet thereof, in the City, are declared to be a public nuisance.

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Sec. 15-3. Duty to remove after notification.

(a) A person may not permit a public nuisance as defined in Section 15-1 or 15-2 of this Chapter to exist on any property.

(b) It shall be the duty of the City Manager or his designee to notify the owner, tenant, or person in possession of any property where a public nuisance exists to remove such public nuisance within seven (7) days, inclusive of Sundays and holidays, after the date of such notice which shall be given by posting same, on the front of the property where the public nuisance exists.

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Sec. 15-4. Trash, waste material, weeds, etc.--Procedure for removal by City.

(a) If a public nuisance is not removed within the time specified in the notice required by Section 15-3 of this Chapter, and no written objections have been filed as hereinafter provided, the City Manager shall cause the public nuisance to be removed, incurring such expense as is reasonable and necessary in the removal.  The costs of the removal shall be assessed against the property and shall constitute a lien collectable in the same manner as real property taxes.  The City manager may also file a suit at law to collect the costs of removal.

(b) Any person receiving a notice to remove a public nuisance may file written objections with the City Manager before the expiration date of such notice.  Upon receipt of such written objections, it shall be the duty of such person to appear before the Administrative Review Board at its next regular meeting when a public hearing shall be conducted on the written objections in accordance with the procedures established in Chapter 1A, Sec. 1A.4.C of the Bowie City Code.

(c) After the public hearing provided in Section 15-5(b) hereof, the Administrative Review Board may recommend to the City Manager that the notice to remove be sustained, dismissed or modified.  The City Manager may accept or reject the recommendations of the Administrative Review Board.  The City Council must be notified prior to action by the City Manager to reject the recommendations of the Administrative Review Board.  Written notice of the City Manager's decision will be provided to the person under order to remove a public nuisance.  If the notice to remove a public nuisance is sustained, the City Manager will notify the person who received the notice that the nuisance must be removed within ten (10) days of the notice.  The City Manager may cause the public nuisance to be removed and assess the costs as provided in Section 1A(a) of this Chapter, if the public nuisance is not removed within the time provided.

(Sections 5-1 through 5-4 amended by O-20-92, adopted 10/19/92, effective 11/18/92).

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Sec. 15-5. Throwing, dumping of trash, junk, etc.--Prohibited.

It shall be unlawful for any person to throw, dump, or deposit any trash, junk or other refuse upon the land or property of another without the written consent first had and obtained of the owner thereof, or under the personal direction of such owner; or to throw, dump, or deposit any trash, junk or other refuse upon any public street of the City.

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Sec. 15-6. Refrigerators and other lockable devices--Prohibited.

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an air-tight door or lid, snaplock or other locking device which may not be released from the inside, without first removing such door or lid, snaplock or other locking device.

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Sec. 15-7. Penalty.

Violations of this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Sections 6 and 6A of this Code. 

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(Sec. 15-5, 15-6, 15-7 amended by Ordinance O-25-91, effective 11/20/91; Sec. 15-7 amended by O-17-94, adopted 10/3/94.)

(Sec. 15-2 and Sec. 15-3 amended by O-12-98, adopted 3/23/98, effective 4/22/98).

(Sec. 15-3 amended by O-05-07, adopted 5/29/07, effective 6/28/07).