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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 OrdinanceThe 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 InterestThe 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 AgenciesAll 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 ReferenceThe 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 |
DefinitionsIn 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:
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 |
ViolationsThe 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, li |