Town of Berwyn Heights Seal Town of Berwyn Heights Interactive Logo  

 
ORDINANCE 134 - Commercial Clean Lot

AN ORDINANCE PROVIDING FOR MAINTENANCE, UPKEEP AND APPEARANCE OF COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES IN THE TOWN OF BERWYN HEIGHTS, MARYLAND

Section 134-01 

 Purpose and Authority

A.  Purpose – The purpose of this Ordinance is designed to protect the health, safety, and welfare of Town residents, individuals employed in or visitors to the Town from excessive accumulation of garbage, litter, refuse, rubbish and weeds on any improved or unimproved real property in the commercial or industrial zone as defined in the Prince George’s County Zoning Ordinance or on any improved or unimproved real property assessed or taxed as commercial or industrial property; require owners of same to maintain the appearance, upkeep and good repair of structures on said property and the equipment on the structures and surrounding grounds; require owners to maintain the appearance, upkeep and good repair of surrounding grounds, parking lots, compactor, commercial garbage or refuse container or dumpster and garbage, refuse or recycling areas, enclosed or screened or not, including the aprons, curb, gutter and sidewalk in the State or Town right-of-way, and the line striping of directional arrows, handicap parking stalls, parking stalls and painting of curbs on-site; and require owners to keep property free of abandoned, junked, wrecked, untagged or unlicensed motor vehicles. 

B.  Authority – The authority to provide for the protection of the health, safety, comfort, convenience, or welfare of the residents of and visitors to the Town are provided for in Section 401– General Powers and Section 402 – Specific Powers of the Town of Berwyn Heights Charter.
 

Section 134-2
Applicability of Ordinance

The provisions herein shall apply to any improved or unimproved real property in the commercial or industrial zone as defined in the Prince George’s County Zoning Ordinance or to any improved or unimproved real property assessed or taxed as commercial or industrial property located within the corporate limits of the Town of Berwyn Heights including the abutting State or Town right-of-way and adjacent apron, curb, gutter and sidewalk.
 

Section 134-3
Declaration of Legislative Interest

The Town Council finds and determines that excessive accumulation of garbage, litter, refuse, rubbish and weeds on any improved or unimproved real property in the commercial or industrial zone as defined in the Prince George’s County Zoning Ordinance or any improved or unimproved real property assessed or taxed as commercial or industrial property; or failure to maintain the appearance, upkeep and good repair of structures on said property and the equipment on the structures and surrounding grounds; or failure to maintain the appearance, upkeep and good repair of surrounding grounds of said property, parking lots, compactor, commercial garbage or refuse container or dumpster and garbage, refuse or recycling areas, enclosed or screened or not, including the apron, curb, gutter and sidewalk in the State or Town right-of-way and the on-site aprons, curbs, gutters, sidewalks, parking lots, storm water infrastructure, line striping of directional arrows, handicap parking stalls, parking stalls and painting of curbs; or failure to keep the property free of abandoned, junked, wrecked, untagged or unlicensed motor vehicles readily threatens or endangers the health, safety, comfort, convenience or welfare of the residents of and visitors to the Town and is hereby prohibited and declared to be a public nuisance subject to the penalties and procedures hereinafter prescribed.
 

Section 134-4
Prince George’s County Zoning Ordinance and Regulatory Agencies

All provisions of the Prince George’s County Zoning Ordinance shall be taken into consideration when enforcing this Ordinance. The commercial zones in the Town of Berwyn Heights are C-O (Commercial Office), C-S-C (Commercial Shopping Center), and DDO (District Development Overlay). The industrial zone in Town of Berwyn Heights is I-1 (Light Industrial) and the mixed- use zone is M-X-T (Mixed Use Transportation Oriented).   

The uses permitted in the Commercial Zones are listed in the Uses Permitted Tables of Part 6, Section 27-461 of the Zoning Ordinance; for the Industrial Zones in the Uses Permitted Table of Part 7, Section 27-473; and for the Mixed Use for the Mixed Use – Transportation Oriented Zone in the Uses Permitted Table of Part 10, Section 27-547.  

The rules and regulations of State or County agencies such as the Maryland State Department of the Environment shall be taken into consideration when enforcing this Ordinance.
 

Section 134-5
Adoption of Standards by Reference

The International Code Council International Building Code, as amended from time to time, and the Maryland Rehabilitation Code, as amended from time to time, and as adopted by the State of Maryland, shall be the Official Building Codes of the Town of Berwyn Heights.
 

Section 134-6
Definitions

In this Ordinance, the following words have the meanings indicated. Where terms are not defined, they shall have their ordinarily accepted meanings such as the context may imply. Words used in the present tense include the future: words used in the masculine gender include feminine and neuter; and the singular includes the plural and the plural the singular.

A. Abandoned, Junked or Wrecked Motor Vehicles means any motor vehicle or not-over-the-road construction, grass cutting or like equipment, which is without current license tags; required registration documents, inoperable; dismantled; or wrecked.

B. Accessory Structure means a building or structure, the use of which is incidental to that of the main building, which is located on the property and under control of the owners or operators of such premises. 

C.  Agent means a person authorized on behalf of the landlord/owner to make, contract for, and authorize repairs to a property; receive and comply with orders, notices and requests of the Town; and accept all communications, notices, orders and all types of service of process, including but not limited to municipal violations and infraction citations relating to the property. The agent may be, but need not be, the operator of the property. 

D. Appurtenance or Appurtenant Structure means all exterior decorative, aesthetic or other devices such as, but not limited to, cupolas, flower boxes, signage, that are attached to walls or railings, other parts of the structure, and exterior of the structure, which shall be maintained in a safe and weather-resistant condition.

E. Extermination means the control and elimination of insects, rats or other pests by eliminating their harborage places: by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, and trapping; or by any other approved elimination methods.

F. Exterior Property Areas means all areas on unimproved real property or external to principal structure on improved real property including State or Town right-of-way and adjacent street curb, gutter and sidewalk. This definition specifically excludes any trees along or in the State or Town right-of-way unless the property owner planted the trees.

G. Garbage means animal or human feces or animal, mineral or vegetable waste resulting from the cooking, handling, preparing and serving of foods. 

H. Graffiti means the drawings or inscriptions that have been scratched, painted, rubbed, etched, gouged, cut, engraved, or built on property, buildings or any surface, public or private, usually so as to be seen by the public; which mar, blemish, deface, disfigure, blight (reduce in value), cause deterioration, damage, loss, erosion, mutilation, corrosion, or tarnish to said property, building or surface. 

I. Infestation means the presence within, or contiguous to, a structure or premises of insects, rats, vermin or other pests.

J. Litter and/or Rubbish means all combustible and noncombustible waste materials, except garbage; and the term shall include, but not be limited to, appliances and furniture, boxes, building and construction waste, cartons, excelsior, leather, metals, mineral matter, motor vehicle parts, packing material, paper, rags, rubber, yard and lawn clippings and trimmings, dead trees, tree branches and leaves, rubber, the residue from burning of wood, coal, coke, wood and other combustible materials which:

1. Create or tend to create a danger to the public health, safety, welfare or property to the extent and in the manner that a lot, parcel or tract of land, is, or may become, infested or inhabited by rodents, vermin or wild animals; or

2. May reasonably cause disease; or

3. Adversely may affect and/or impair the economic welfare or status of adjacent property or the neighborhood; or

4. May reasonably constitute a present or potential fire hazard.

K. Owner means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests, when applied to a building or land. Owner means any part owner, joint tenant in common, tenant by the entireties, or joint tenant, of the whole or part of such building or land.

L. Paved Area means any asphalt, bluestone, brick, brickpaver, concrete, gravel or other hard rock or paved surface.

M. Person means any individual, natural person, legal entity, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, owner, occupant, or any other group acting as a unit, principal or agent, or the manager, lessor, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver, or other representative appointed according to law.

N. Premises means a lot, plot or parcel of land including any structures thereon.

O. Public Nuisance means situation, condition or action whereby an agent, owner, occupant, property manager or tenant creates an environment that is unsafe or threatens the health and welfare of the surrounding area or disturbs the public peace.

P. Town Council means the Town Council for Town of Berwyn Heights.

Q. Weeds mean brush, grass, weeds or any noxious growth.  This excludes properly tended trees, ornamental shrubs, plants, flowers, vegetable plants, or undisturbed woodland, not otherwise in violation.
 

Section 134-7
Violations

The following are considered violations of this Ordinance and subject to fines and penalties as set forth in Section 10 of this Ordinance:

A. All exterior property areas shall be maintained in a clean, safe and sanitary condition, free from any accumulation of debris, garbage, litter, refuse or rubbish.

B. All premises and exterior property areas shall be properly maintained in an attractive, presentable appearance free from weeds, grass in excess of six (6) inches tall other than annual or perennial cultivated flowers and plants, bushes, shrubs, garden and yard plantings, and trees, properly maintained by the owner or occupant, shall be allowed to accumulate or grow on any private premises or property in the Town of Berwyn Heights. All noxious and bamboo plants shall be prohibited. No vegetation shall be allowed to grow in or into the apron, or sidewalk either on-site or in the State or Town right-of-way.  

C. All structures, exterior premises, and surrounding grounds or property shall be kept free from rodent harborage and infestation. Where rodents or an infestation of insects, termites, vermin or other pests are found, they shall be promptly exterminated at owner’s expense by any approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

D. All premises and exterior property areas zoned as C-O, C-S-C, D-D-O and M-X-T as defined in the Prince George’s County Zoning Ordinance shall be kept free of abandoned, junked, wrecked, untagged or unlicensed motor vehicles. No owner, lessee or occupant shall permit an abandoned, junked, wrecked, untagged or unlicensed motor vehicle to remain on such property except enclosed in a garage unless the vehicle is actively being inspected at a Maryland State Police authorized vehicle inspection station. All premises and exterior property zoned I-1 shall not permit abandoned, junked, wrecked, untagged or unlicensed motor vehicle unless there are provisions to the contrary in the Prince George’s County Zoning Ordinance or a County or State agency regulation.

E. All aprons and sidewalks in the State or Town right-of-way shall be kept free of debris, litter, refuse, rubbish, vegetation, snow and ice.

F. All shrubbery located on exterior property areas shall be maintained in such a way so as not to pose a danger or obstruction to adjoining property, persons walking on designated walking areas or obstructs line-of-sight at street intersections or along streets.

G. All bushes, shrubs, trees and other plantings on the premises or in the State or Town right-of-way shall be maintained in an attractive, presentable appearance.

H. Grass areas, yard and other unpaved areas shall not be used for the parking of boats, motor vehicles, trailers or similar items except where permitted in the Industrial Zone by the Prince George’s County Zoning Ordinance. Exempted are vehicle (s) for which a written permit for same shall have been obtained from the Town Administrator or by action of the Mayor and Town Council for a period not to exceed one year and such permit may be renewed only by action of the Town Administrator or Mayor and Town Council.

I. Exterior property areas shall not be utilized for the open storage of bathroom or kitchen fixtures, building construction materials, furniture, motor vehicle parts, or lawn and garden equipment, irrespective of age or condition, except for outdoor lawn furniture or table and chairs for active restaurant facilities, or materials used in construction or renovation projects with County and Town permits or where permitted in the I-1 zone.

J.  he storage of wood and other materials not prescribed by this Ordinance including compost piles shall be accomplished in a manner designed to avoid rodents, termites and other insect infestation. All exterior property areas shall be kept free of debris to prevent infestation by insects, rodents, vermin and other pests. If rodents, termites or insect infestation are found, they shall be promptly exterminated by the property owner by acceptable processes at the owner’s expense, which will not be injurious to the health of humans or animals.

K. It shall be the responsibility of any property owner, lessee, agent, or other occupant, who possess animals on any property in the Town of Berwyn Heights to keep said animals in a sanitary condition.

L. All on-site aprons, curbs, gutters, sidewalks, parking lots, parking spaces, stairs, stormwater infrastructure, walkways and similar areas shall be kept in a proper state of cleanliness, have a maintained appearance, be in good repair and structurally sound, and maintained free from hazardous conditions. The owner shall maintain the appearance and keep in good repair all on-site line stripping of directional arrows, handicap-parking stalls, parking stalls, painted curbs and signage.

M. All structures and accessory structures shall be kept in a proper state of cleanliness, have a maintained appearance, be in good repair and structurally sound, maintained free from hazardous conditions and painted, if appropriate, including all equipment on all structures, accessory structures and surrounding grounds and including, but not limited to, commercial garbage or refuse container or dumpster and garbage, refuse, recycling or rubbish areas, enclosed or screened or not, compactor, fences, garages, and walls or retaining walls of any type. All commercial garbage or refuse container or dumpster, compactor, and garbage, refuse, recycling or rubbish areas are to be screened from view of adjoining properties or street in accordance with the Prince George’s County Landscape Manual.

N. No owner shall allow unattended structures or property to become a public nuisance, safety or health hazard or condition to encourage trespassing.

O. All fences, walls, retaining walls and similar structures shall be of the height, size, type and location permitted by applicable Prince George’s County Ordinances; be safe; have a maintained appearance; painted, if appropriate; in good repair and condition; and structurally sound, 

P. All property owners are required to maintain the appearance, upkeep and in good repair all structures and accessory structures on the property and the equipment on the structures and on the surrounding grounds in accordance with the rules and regulations adopted from time to time by the Town Council and the provisions of the International Code Council International Building Code of America, as amended from time to time, and the Maryland Building Rehabilitation Code, as amended from time to time.

Q. All aprons and sidewalks in the State or Town right-of-way shall have a maintained appearance, be in good repair and structurally sound, and maintained free of hazardous conditions.

R.  All premises shall be graded and maintained to prevent erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon.

S. Owner is required to comply with all provisions and uses permitted in the Prince George’s County Zoning Ordinance.
 

Section 134-8
Construction Safety and Stop-Work Orders

A. All equipment, tools and materials left at a project site overnight shall be left secured in a non-hazardous condition to protect the safety of the workers and the general public.

B. All excavations and construction shall comply with American Standard Safety Code for Building Construction, American Standards Association, or other applicable standards as adopted by the State of Maryland and the Prince George’s County Department of Environmental Resources.

C. In the event a condition exists at a construction site that constitutes an immediate dire danger to persons or property, the Town Administrator or Code Enforcement Official, or designated representative is authorized to issue a stop-work order, directing the cessation of work until the danger can be abated.
 

Section 134-9
Enforcement

A. It shall be the duty and responsibility of the Town to enforce the provisions of this Ordinance as herein provided.

B. The Mayor and Town Council may waive applicability of this Ordinance to a property on application of the property owner if:

1. Adequate notice is given in a form and manner specified by the Town,

2. The owner is afforded an opportunity to comment on the complaint either in writing or in person; and

3. The waiver would not threaten the health or safety of any resident.

Section 134-10
Notice of Violations and Penalty for Violations

A. Whenever the Code Enforcement Official or designated representative determines that there are reasonable grounds to believe that there has been or is a violation of any provision of this Ordinance or of any rule or regulation adopted pursuant thereto, the Code Enforcement Official or designated representative shall give notice of such alleged violation to the person or persons responsible therefore, as hereinafter provided.  Such notice shall:

1. Be in writing;

2. Include a description of the real property sufficient for identification;

3. Include a statement of the reason why it is being issued; and

4. Allow time, as set forth in this Ordinance, for the performance of any act it requires.

5.  S notice shall contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this Ordinance and with the rules and regulations adopted pursuant thereto.

6. In cases where the Code Enforcement Official or designated representative determines there has been a violation of Section 7.A., Section 7 B., Section 7 C., Section 7 D., Section 7.E., or Section 7.F. whereby all exterior areas are not in a clean, safe and sanitary condition, free from any accumulation of debris, garbage, litter or refuse, or rubbish; or grass is more than six (6) inches tall; or premises is not free of rodents or an infestation; or premises is not free of abandoned, junked, wrecked, untagged or unlicensed motor vehicles; or all aprons and sidewalks in the State or Town right-of-way are not free of debris, litter, refuse, rubbish, vegetation, snow or ice; or if all shrubbery located on exterior property areas are not maintained in such a way as to not pose a danger or obstruction to adjoining property, persons walking on designated walking areas or obstructs line-of-sight at street intersections or along streets; such notice shall contain the requirement that the violation must be fully corrected within five (5) days from the date of the notice and that in the event the owner fails to do so within the five (5) day period, a second notice shall be sent advising the owner of the imposition of a charge or fine payable to the Town.  In the event that the violation is not fully corrected within five (5) days of the date of the second notice, a third notice shall be sent advising the owner of the imposition of a further charge or fine. Each additional five (5) days thereafter that this violation exists will constitute an additional charge or fine. For each additional prescribed period that the violation is not fully corrected, notice will be issued of the fine amount as due and payable to the Town of Berwyn Heights. Fines for failure to take remedial action shall be established by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00) per violation. Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.

7. In cases where the Code Enforcement Official or designated representative determines there has been a violation of Section 7.G. through Section 7.K., such notice shall contain the requirement that the violation must be fully corrected within fifteen (15) days from the date of the notice and that in the event the owner fails to do so within the fifteen (15) day period, a second notice shall be sent advising the owner of the imposition of a charge or fine payable to the Town.  In the event the violation is not fully corrected within fifteen (15) days of the date of the second notice, a third notice shall be sent advising the owner of the imposition of a further charge or fine. Each additional fifteen (15) days thereafter that this violation exists will constitute an additional charge or fine. For each additional prescribed period that the violation is not fully corrected, notice will be issued of the charge or fine amount as due and payable to the Town of Berwyn Heights. Fines for failure to take remedial action shall be established from time to time by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00) per violation. Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.

8. In cases where the Code Enforcement Official or designated representative determines there has been a violation of Sections 7.L. through Section 7.S., such notice shall contain the requirement that the violation must be fully corrected within thirty (30) days from the date of the notice and that in the event the owner fails to do so within the thirty (30) day period, a second notice shall be sent advising the owner of the imposition of a charge or fine payable to the Town.  In the event that the violation is not fully corrected within thirty (30) days of the date of the second notice, a third notice shall be sent advising the owner of the imposition of a further charge or fine. Each additional thirty (30) days thereafter that this violation exists will constitute an additional charge or fine. For each additional prescribed period that the violation is not fully corrected, notice will be issued of the charge or fine amount as due and payable to the Town of Berwyn Heights. However, the Code Enforcement Official is authorized to work with the property owner to develop a corrective action plan and compliance time schedule to correct all infrastructure and equipment violations set forth in Sections 7.L. through 7.S. above and beyond the thirty (30) day compliance schedule. Fines for failure to take remedial action shall be established from time to time by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00) per violation. Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.

B. Abatement of Original Violation by Town.  The Town of Berwyn Heights shall have the right, after ten (10) calendar days of continued violation and one (1) calendar day of continued violation in the case of violations of Sections 7.A, 7.B., 7.C., 7.D., 7.E., or 7.F., to enter onto the premises of the property in violation to abate any violation, the costs of which will be charged to the property owner.  Failure to pay these costs within ten (10) days of the date of the notice will result in the filing of a lien against the property and collected in the same manner as delinquent Town taxes.  Repeat violations may be abated in five (5) calendar days and any subsequent repeat violations may be abated immediately. Abatement by the Town does not constitute compliance as defined in Section 10. A.6., Section 10. A. 7., or Section 10. A.8. Action for abatement of Section 7.N. may include the boarding up or razing of building (s) on premises, the costs of which will be charged to the property owner. Failure to pay these costs within ten (10) days of the date of the notice will result in the filing of a lien against the property and collected in the same manner as delinquent Town taxes. Where a clean lot problem is refuse improperly put out for collection, the right to abate and collect costs will be as prescribed in Ordinance 117 – Refuse Collection Ordinance.

C. Service of notice that the premises or structure(s) is in violation shall be as follows:

1. By delivery to the owner or agent personally or by leaving the notice at the usual place of business of the owner or office of agent with a person of suitable age and discretion who shall be informed of the intent thereof; or

2. By certified or registered mail addressed to the owner or agent at the address provided to the Town by the owner as required by this Ordinance with postage prepaid thereon with return receipt requested, or if said letter is returned with receipt showing non-delivery, then

3. By posting a copy of the notice in a conspicuous place on the premises affected by such notice.

 

 

Section 134-11
Repeat Violations

A. Any violations reoccurring within a twelve (12) month period shall be considered a repeat of the original violation.  It shall be the responsibility of any owner or responsible person duly notified under the provisions of this section to fully correct the repeat violation charged within five (5) calendar days from the date of the notice for the repeat violation.   Any subsequent repeat violation will be cause for immediate fine. However, the Code Enforcement Official shall have the authority to issue an immediate fine for repeat violations within a twelve (12) month period of Sections 7.A., 7.B., 7.C., 7.D., 7.E. or 7.F.

B. Upon noncompliance of the violation notice within the time limits imposed in this Section, a second notice shall be issued, in accordance with the notice requirements of this Ordinance, advising the person found in violation of the imposition of a fine payable to the Town of Berwyn Heights. In the event that the violation has not been fully corrected within the period prescribed in the second notice, a third notice shall be issued, in accordance with the notice requirements of this Ordinance, advising the person found in violation of the imposition of a further charge or fine payable to the Town of Berwyn Heights.  For each additional prescribed period that the violation is not fully corrected, notice will be issued of the fine amount as due and payable to the Town of Berwyn Heights. Fines for failure to take remedial action shall be established by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00) per violation. Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.           

C. Abatement of subsequent violations.  The Town of Berwyn Heights shall have the right, after five (5) calendar days of continued violation, and one (1) calendar day of continued violation of Sections 7.A., 7.B., 7.C., 7.D., 7.E., or 7.F. to enter onto the premises of the property in violation to abate any violation, the costs of which will be charged to the property owner.  Failure to pay these costs within ten (10) days of the date of the notice will result in the filing of a lien against the property and collected in the same manner as delinquent Town taxes.  Repeat violations may be abated in five (5) calendar days and any subsequent repeat violations may be abated immediately.  Abatement by the Town does not constitute compliance as defined in Section 10. A.6. or Section 10. A.7. or Section 10. A. 8. Action for abatement of violation of Section 7.N. may include the boarding up or razing of buildings on premises, the costs of which will be charged to the property owner and, if not paid, the filing of a lien against the property and collected the same as delinquent Town taxes.
 

Section 134-12
Fines

The fine schedule for this Ordinance will be set from time to time by resolution of the Town Council.
 

Section 134-13
Right to Appeal

A. Any person affected by any notice of violation may elect to appeal to the Town Council.

1. Any person affected by any notice of violation which had been issued in connection with the enforcement of any provision of this Ordinance may request and shall be granted a hearing on the matter by the Town Council, provided that such person shall within ten (10) days after service of a notice of violation, file with the Town Council a signed written notice of appeal, requesting a hearing and setting forth a brief statement of the reasons therefor.  Upon receipt of such notice of appeal, Town Council shall set a time and place for such hearing and shall determine appeals as promptly as practicable. The Town Council, with a quorum present, shall hear appeals.

2. After such hearing the Town Council may, by a majority of members present, affirm, amend, modify or withdraw the notice of violation that has been appealed.  Any person who shall fail, refuse or neglect to comply with the decision of the Town Council shall be guilty of violating the provisions of this Ordinance.

3. In the event a person wishes to contest the decision of the Town Council, he or she may notify the Town of his or her intent within ten (10) days after the rendering of the decision by the Town Council. In that event the Town shall issue a municipal infraction citation to the aggrieved person who may request a hearing in the District Court of Maryland pursuant to the Municipal Infraction procedure. The decision of the Town Council in such a case shall be stayed, pending a decision by the District Court. To the extent of this Section of the Ordinance, all violations of this Ordinance will be considered municipal infractions of the Town.

B. Failure to pay after adjudication or request of adjudication by the Town will result in the amount of any fine imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.
 

Section 134-14
Interpretation and Waiver

The Mayor and Town Council of Berwyn Heights shall decide questions of interpretation of this Ordinance.

Upon written request, the Mayor and Town Council may waive or vary particular provisions of this Ordinance to the extent that the waiver is not inconsistent with Annotated Code of Maryland if:

Geographic differences or unique local conditions justify the waiver.

The waiver would not threaten the health or safety of a tenant or occupant.
 

Section 134-15
Rules and Regulations

The Town Council may pass such rules and regulations as are consistent with the purpose, intent and enforcement of this Ordinance.
 

Section 134-16
Separability

If any section or part of a section of this Ordinance shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance.
 

Adopted:  10/10/2007
Effective: 10/10/2007


Copyright © Town of Berwyn Heights.