Chapter 36
BRUSH, GRASS AND WEEDS
§ 36-1. Cutting and removal required.
§ 36-2. Maintenance of sidewalks, curbs and gutters.
§ 36-3. Notice to abate violation.
§ 36-4. Violations and penalties.
§ 36-5. Failure to comply; removal by town.
[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 8-3-1970 by Ord. No. 23; amended in its entirety 8-25-1997 by Ord. No. 1997-14. Subsequent amendments noted where applicable.]
§ 36-1. Cutting and removal required.
It shall be unlawful for any owner of real property located within the corporate limits of the Town of Berlin to allow any growth of grass or weeds to a height of 10 inches or more. Any owner of real property located within the Town of Berlin shall be responsible for the cutting, destruction or removal of the grass or weeds.
§ 36-2. Maintenance of sidewalks, curbs and gutters.
All owners of real property located within the corporate limits of the Town of Berlin shall maintain their respective sidewalks, curbs and gutters bordering their property in such condition as to be clear of all growth of grass and weeds within the curbs, gutters and sidewalks.
§ 36-3. Notice to abate violation.
The Mayor and Council of Berlin is hereby authorized and empowered to give written notice to any owner of real property who has violated §§ 36-1 and 36-2 to correct the violation within seven days from the date of such notice. The notice is effective if given by certified mail, return receipt requested, addressed to the owner at the last known address as the same appears on the Town’s tax records or personally delivered to the owner. In addition, the Mayor and Council of Berlin shall post the notice on the property for seven consecutive days from the date of the notice. The notice shall include therein the amount of costs to be assessed against the property owner in the event that it is necessary for the Mayor and Council of Berlin to correct the violation and shall advise the owner of the penalties set forth in §§ 36-4, 36-5 and 36-6.
§ 36-4. Violations and penalties.
In the event that an owner of real property fails to comply with the notice to abate violation, the owner shall be guilty of a municipal infraction and shall be fined the sum of $100 for the infraction.
§ 36-5. Failure to comply; removal by town.
In the event that an owner of real property fails to comply with the notice to abate violation, the Mayor and Council of Berlin shall have the power to correct the violation and assess the costs against the real property as a lien.
The costs of such work ordered by the Mayor and Council of Berlin pursuant to § 36-5, unless paid in full within 30 days after the same is billed, shall be a lien on the property and shall draw interest after said 30 days at the rate of 11/2% per month or fraction of a month, and the costs, if not paid within the current fiscal year, shall be added to the next annual real property tax bill of said owner. Pursuant to the authority contained in § C5-1B(34) of the Berlin Charter and Subsection (a)(17) of § 2 of Article 23A of the Annotated Code of Maryland, any such unpaid costs shall be collectible in the same manner as municipal real estate taxes are collected, and the provisions regarding tax sales contained in the Annotated Code of Maryland shall apply to said costs and the property may be sold for such unpaid costs at a tax sale.