Division 9. Antilitter and Weed Ordinance

Director shall mean the Director of the Department of Permitting, Inspections, and Enforcement or his authorized designee.

Garbage shall mean any animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

Improved Property shall mean real property on which has been erected dwellings, building, or other structures, whether inhabited or vacant, and all grounds appurtenant thereto.

Litter, as used herein, shall mean garbage, rubbish, and refuse as defined herein, and all other waste material which:

Person shall mean any person, corporation, association, partnership, firm, syndicate, joint venture, or organization of any kind holding title to any land or lot in the County; lessees, tenants, and principal occupants of any land or lot in the County or agent of persons holding titles of such lands or lots, having care, custody, control, or management of the land or lot; and fiduciaries holding title to or having the care, custody, control, or management of land or lots in the County for others.

Rubbish and refuse shall mean all solid waste consisting of both combustible waste (including, but not limited to, paper, cardboard, wood, cloth, bedding material, yard and lawn clippings not located in an established compost pile, and dead trees and limbs, to include any hazardous or uprooted trees) and noncombustible waste (including, but not limited to, metals, glass, crockery, tin cans, junked household appliances, abandoned motor vehicles, and any building and construction wastes). For the purposes of this ordinance, abandoned vehicle shall mean any motor vehicle or trailer that is inoperable and left unattended on private or public property for more than forty-eight (48) hours, or does not display current license plates for that vehicle, is wrecked or dismantled.

Subdivision means a lot, tract, or parcel of land which has been subdivided into two or more lots, plots, sites, tracts, parcels, or other divisions for the purpose, whether immediate or future, of rental, sale, or building development, and shall include resubdivision, but shall not include a bona fide division or partition of land of exclusively agricultural land not for development purposes, except as herein provided. For the purposes of this ordinance, a subdivided lot shall be a plot, site, tract, or parcel containing an area of not more than one (1) acre; provided, however, that when a parcel of land, whether subdivided or not, is contiguous to a developed lot, plot, site, or tract of one (1) acre or less, then, and in such event, the provisions hereof shall apply for a distance of fifty (50) feet equidistant from the common boundary line.

Tree shall mean a plant with a woody stem capable of achieving a height of at least twenty (20) feet at maturity.

Underbrush shall mean shrubs, bushes, and small trees growing beneath larger trees in a woodland or forest.

Unimproved Property shall mean real property which is not presently improved although it may have been improved at one time.

Weeds shall mean grass, weeds, brush, and any noxious growth excluding trees, ornamental shrubbery, plants, flowers, garden vegetables properly tended, cultivated crops, vegetation growing in wetlands, or woodland including associated underbrush, not otherwise in violation.

Woodland shall mean a perpetual biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. This includes areas that have at least 100 trees per acre with at least 50 trees that are 2-inches or greater dbh (diameter at breast height — means the diameter of a tree measured at a height of 4.5 feet from the ground). This also includes areas that have been timber harvested where the stumps remain in place for future regeneration. The terms "woodland," "forest," and "forest cover" are synonymous and do not include orchards or other areas without multiple layers of woody and herbaceous vegetation.

The County Council finds and determines that the continuous growth and development of the unincorporated areas of this County require the reasonable and effective control and regulation of the excessive accumulation of litter as herein defined. Further, such accumulation on improved and unimproved property readily threatens or endangers the public health, safety, or welfare by reason of the fact that such property is, or may reasonably become, infested or inhabited by rodents, vermin, or wild animals; or may reasonably cause disease; or adversely affects and impairs the economic welfare or status of adjacent property or the neighborhood; or may reasonably constitute a present or potential fire hazard; and singly, or in any combination thereof, is hereby prohibited and declared to be a public nuisance subject to the penalties and procedures hereinafter prescribed.

The County Council further finds and determines, as a matter of common knowledge, that a high growth of weeds in the populous areas has a strong tendency to produce sickness and to impair the health of the inhabitants, and may readily be a public nuisance in such localities, notwithstanding the fact that they may be comparatively innocuous in the County areas when far away from human habitation. Further, the Council recognizes that weeds, as such, when matured so as to bear wingy or downy seeds, may readily become a fire menace when dry; and that they may furnish a breeding place for mosquitoes and adversely affect and impair the economic welfare of adjacent property and the neighborhood in which located; and are hereby declared to be a public nuisance subject to the penalties and procedures hereinafter prescribed.

It shall be the duty of every person as owner, occupant, lessee, or agent in charge of land lying within the unincorporated areas of the County, except as otherwise provided in Section 13-262, to prevent litter, garbage, rubbish, and refuse from accumulating, either temporarily or permanently, on such land. The owner of improved property which is used for commercial or industrial purposes shall remove all garbage and rubbish from both the paved and unpaved public areas and empty the receptacle into an approved container in accordance with Section 13-234. This Section shall not apply to those activities otherwise allowable under Subtitle 21 of this Code and shall not apply to those persons who store litter in private receptacles for collection, or under controlled conditions for industrial processing, such as recycling.

It is a violation of this Division for any person to deposit or place litter on any land lying within the County, including any public lands or rights of way. A person violating this subsection shall be subject to the penalties prescribed in Section 13-271.

It shall be the responsibility of any owner or responsible person duly notified to properly dispose of litter or weeds, or both, within ten (10) calendar days after United States Postal Service first class mail of written notice provided for in Section 13-266, above, or within ten (10) calendar days after receipt of written notice when personal service is effected, or within ten (10) calendar days after physical posting of the property, and so notify the Director. If the violation is not corrected within such time period, the Director shall issue a civil monetary fine or an administrative fine in accordance with Section 13-271. After the expiration of the ten (10) calendar days, the Director is also hereby authorized and empowered to defray the costs of disposing of such litter or weeds, or both, by contract, or to order its disposal by County personnel. The property owner shall be notified of the charges for disposal, in the manner prescribed by Section 13-266, and shall have thirty (30) days to pay.

After a fourth noncompliance action in one year, by a commercial owner or commercial owners responsible person, as set forth in Section 13-267(a), the Director, by County personnel or by contract, shall properly dispose of litter or weeds, or both, on the property, every two weeks or once a month and the commercial owner or commercial owners responsible person shall pay one-hundred percent (100%) of the cost of disposing of such litter or weeds, or both, and all administrative costs the County incurred arising from the disposal. The property owner shall be notified of the charges for disposal, in the manner prescribed by Section 13-266. Section 13-268, Section 13-269, and Section 13-270 shall apply to this section for the charges included in the tax bill, the recorded statement constituting a lien, and appeals.

Within ten (10) calendar days from the United States Postal Service first class mail or within ten (10) calendar days after personal service of the notice, or within ten (10) calendar days after the posting of the property, whichever is applicable, the owner or responsible person may file an appeal with the Administrative Hearing Unit established by Division 15 of this Subtitle stating in detail the reasons as to why the action proposed by the Director should not be taken.

Upon receipt of such appeal, the Administrative Hearing Unit shall schedule the matter its earliest convenience, notify the appellant thereof, and hear the merits of the appeal. The proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The evidence at the hearing shall be limited to challenges of the Director's determination that a violation exists and/or granting an extension of time. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action or if the County's abatement was in compliance with the property owner's failure to comply with the violation notice and/or administrative citations from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director.

The Administrative Hearing Unit's decision shall be given in writing within thirty (30) calendar days after the hearing is concluded. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit.

Any party aggrieved by the decision of the Administrative Hearing Unit with respect to this Division may appeal such decision to the Circuit Court of Prince George's County, Maryland, pursuant to the rules governing appeals from administrative agencies. All appeals shall be on the record. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.

In addition to the provisions of Sections 13-267 through 13-270 of this Code, a person found in violation of this Division shall be liable to a civil fine in accordance with Division 3 of Subtitle 28 of this Code.

The person issued the civil citation for violating this Division shall be subject to a total monetary fine of One Thousand Dollars ($1,000) for each violation. Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine. Noncompliance by commercial owners shall be:

In addition, the County Attorney shall be authorized to pursue compliance of this Division by way of injunctive relief in a court of competent jurisdiction.

The Police Department shall be authorized to issue a criminal citation or warning in lieu of the issuance of a civil citation pursuant to Subtitle 28, Division 3.