[HISTORY: Adopted by the Commissioners of the Town of Ridgely 9-21-2009 by Ord. No. 325B[1]; amended in its entirety 4-3-2017 by Ord. No. 375. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
Outdoor burning — See Ch. 78.
Solid waste — See Ch. 150.
Stormwater management — See Ch. 154.
Abandoned vehicles — See Ch. 173.
[1]
Editor's Note: This ordinance also repealed former Ch. 36, Property Maintenance, adopted 11-15-2001 by Ord. No. 225, as amended.
A certain document, a copy of which is on file in the office of the Clerk of the Commissioners of Ridgely, being marked and designated as the Maryland Minimum Livability Code ("MMLC"), as set forth in COMAR 05.02.03.01 et seq., and the current version of the International Property Maintenance Code ("IPMC"), as amended and updated from time to time by the International Code Council, is hereby adopted as the Property Maintenance Code of the Commissioners of Ridgely, in the State of Maryland; for regulating and governing the condition and maintenance of all property, buildings and structures, by providing the standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use; and the condemning of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; and for the issuance of permits and collections of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Commissioners of Ridgely are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes if any, prescribed in § 136-2 of this chapter. In the event of a conflict between the MMLC and the IPMC, as either may be amended from time to time, the MMLC shall be deemed to control.
The IPMC is amended and revised as shown below:
A. 
In Section 101.1, Insert "Commissioners of Ridgely."
B. 
In Section 103.1, delete the language of the model code and substitute the following:
"General. The executive official in charge of property maintenance inspection shall be known as the "Property Maintenance Code Official," who shall be hereinafter referred to as the 'Code Official.' "
C. 
In Section 103.2, delete the language of the model code section in its entirety and substitute the following:
"Appointment. The Property Maintenance Code Official shall be appointed by the Commissioners of Ridgely."
D. 
In Section 103.5, delete the language of the model code section in its entirety and substitute the following:
"Fees. The fees for activities and services performed by the Code Official or his agents in carrying out the responsibilities under this code shall be established by resolution of the Commissioners of Ridgely."
E. 
In Section 104.4, delete the language in the model code and substitute the following:
Section 104.4 Right of entry; administrative search warrants. The Code Official may apply to a judge of the District Court or Circuit Court for an administrative search warrant to enter any premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this code.
1.
The application for an administrative search warrant shall be in writing and sworn to by the applicant and shall particularly describe the place, structure, premises, etc., to be inspected and the nature, scope and purpose of the inspection to be performed by the applicant.
2.
Before filing an application for an administrative search warrant with a court, the Code Official shall obtain approval by the Town attorney as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
3.
A judge of a court referred to in this section may issue the warrant on finding that:
a.
The applicant has sought access to the property for the purpose of making an inspection; and
i.
After requesting, at a reasonable time, the owner, tenant or other individual in charge of the property to allow access, has been denied access to the property; or
ii.
After making a reasonable effort the applicant has been unable to locate any of these individuals.
b.
The requirements of subsections 1 and 2 of this section are met.
c.
The Code Official is authorized by law to make an inspection of the property for which the warrant is sought; and
d.
Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this code or any rule or regulation adopted under this code or by showing:
i.
That a reasonable administrative inspection program exists regarding the condition of the property, and
ii.
That the proposed inspection comes within that program.
4.
An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant.
5.
An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the city to enter specified property to perform the inspection, sampling and other functions authorized by law to determine compliance with the provisions of this code.
6.
An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
a.
The time specified in the warrant, nor to exceed 30 days; or
b.
If no time period is specified in the warrant, 15 days from the date of its issuance.
F. 
In Section 106.3, Prosecution of violations, delete the entire first sentence and substitute: "Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a municipal infraction, which is a Class A violation and punishable as set forth in Chapter 115, Misdemeanors and Municipal Infractions of the Code of the Town of Ridgely, as amended from time to time, and the violation shall be a strict liability offense." Add the following at the end of the final sentence "... collectible in the same manner as is provided for the collection of annual real estate taxes or by an action at law."
F.1. 
Insert a new Section 106.3.1 to read as follows:
Section 106.3.1. Prosecution of grass violation. When the Town of Ridgely must mow the grass due to the lack of response from the property owner, after due notice has been given, this section is amended to include the stipulation regarding fees for repeat acts of violation:Editor's Note: This ordinance was mistakenly adopted as Ord. No. 2011-04 and was renumbered as Ord. No. 343 on 9-19-2011. This ordinance also provided that it would include all active cases.
1.
First mow upon violation shall be a minimum of $100 for the cut and an administrative fee of 15%.
2.
The second mow upon violation for the same property shall include a fine of $100, in addition to the minimum mowing charge of at least $100 and an administrative fee of 15%.
3.
The third mow upon violation for the same property shall include a fine of $200, in addition to the minimum mowing charge of at least $100 and an administrative fee of 15%.
This fine shall be progressive in increments of $100 for each repeated grass violation for the property.
The fees/fines reset at the beginning of each calendar year (January).
Unpaid charges shall become a lien upon the property.
G. 
Section 106.6. Insert a new Section 106.6 to read as follows:
Section 106.6. Fines for violation of this chapter shall be in accordance with a schedule of fines for such violations adopted, from time to time, by resolution of the Commissioners of Ridgely, which schedule of fines may be different from the fines established for violations of other sections of the Town Code.
H. 
In Section 107.3, delete the language of the model code in its entirety and substitute the following:
"Method of Service. Such notice shall be deemed to have been properly served if a copy thereof is:
1.
Delivered personally;
2.
Sent by certified or first class mail addressed to the last known address; or
3.
If the notice is returned showing that the property owner refused to accept the notice, or that the notice was not delivered, a copy thereof shall be mailed to the property owner's last known address, and shall be posted in a conspicuous place in or about the structure affected by such notice, if improved, or on the land, if unimproved, and if the residence or the place of business of the person to be notified is located within the Town, then by posting such notice at such residence or at such place of business."
I. 
Section 108.1.3. Delete the language of the model code section in its entirety and substitute the following:
Section 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official, or any of the persons listed in Section 108.1.5 finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
J. 
Section 108.1.6. Add an entirely new Section 108.1.6, reading as follows:
Section 108.1.6. Expansion of listed officials. Where the condition giving rise to the emergency consists of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or material, the decision to condemn the property shall be made by the State Fire Marshal. In the case of untreated sewage, the decision to condemn shall be made by the acting senior officer of the Ridgely Public Works Department, if available, otherwise by the Director of the Caroline County Public Health Department or his designee.
K. 
In Section 108.2, at the end of the final sentence of the section, delete the words "and may be collected by any other legal resource" and substitute the following:
"collectible in the same manner as is provided for the collection of annual real estate taxes or by an action at law."
L. 
In Section 109.5, delete the second sentence of the model code in its entirety. At the end of the first sentence of the section, add the words:
"collectible from the owner of the premises in the same manner as is provided for the collection of annual real estate taxes or by an action at law."
M. 
In Section 110.3, at the end of the section, add the words:
"collectible in the same manner as is provided for the collection of annual real estate taxes or by an action at law."
N. 
Section 111. Means of Appeal, delete the model code section in its entirety.
O. 
In Section 302.4. Weeds:
(1) 
At the end of the first sentence of the section, delete the parenthetical statement and substitute the following, "8 inches."
(2) 
At the end of § 302.4, include the following subsections:
302.4.1
Noxious vegetation defined: any and all plants, grasses, bushes, poison oak, poison ivy, bamboo or any other flora that either by growth or by accumulation constitutes a fire hazard or menace to public health. A generalized growth over six inches in height of any of the foregoing is presumptively deemed a menace to the public health and a fire hazard. Any branch of a tree within 12 feet of the ground or of a shrub or any root thereof that intrudes upon any public right-of-way within the corporate limits of the Commissioners of Ridgely is presumptively noxious vegetation. Excluded from this definition are crops on soil under cultivation, trees, ornamental shrubbery and flowers, vegetable gardens and any plant acceptable to the local Soil Conservation Service district office for soil stabilization purposes.
302.4.2
Duty of property owners and occupants. All premises and exterior property shall be maintained free from noxious vegetation.
302.4.3
Notice of violation; removal by Town. Upon the failure, refusal or neglect of the owner, occupant or agent in charge to eliminate noxious vegetation, the Town Clerk/Treasurer shall cause to be personally delivered or mailed a notice to the occupant (if known) and to the property owner at the address listed among the property tax rolls. Such notice shall warn that person to comply with this chapter within two weeks from the date of the notice. If such notice fails to cause compliance, the Town Clerk/Treasurer may cause the noxious vegetation to be cut, or the Commissioners of Ridgely may take such other action at law or in equity as may be required.
302.4.4
Assessment of removal costs. Whenever it is necessary for the Town Clerk/Treasurer to have noxious vegetation cut, as provided in the preceding subsection, the greater of (a) $100 or (b) the actual cost of labor and material used to do the cutting plus an administrative charge of 15% shall be a debt owed to the Commissioners of Ridgely by the owner, occupant and any agent in charge and will be placed by the Town Clerk/Treasurer upon the property tax bill of the property owner and collected in the manner in which delinquent property taxes are collected, or the Commissioners of Ridgely may collect it by such other action at law as they deem appropriate.
P. 
302.8. Motor vehicles. The following shall replace Section 302.8 of the model code:
302.8.
Motor vehicles. Except as provided for in other regulations, no inoperative, unregistered or unlicensed motor vehicle, trailer or watercraft shall be parked or stored on any premises, and no such motor vehicle, trailer or watercraft shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting a motor vehicle, trailer or watercraft is prohibited unless conducted inside an approved spray booth.
Exception: A motor vehicle, trailer or watercraft is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure of similarly enclosed area designed and approved for such purposes.
Q. 
A new section is added under 302.8.
302.8.1 Six-month permit.
A.
The owner of an inoperative or unlicensed vehicle, trailer, or watercraft may apply for a permit to store such vehicle, trailer, or watercraft on his/her property, or on property which such owner occupies as a lawful tenant thereof. No application shall be considered unless signed by all fee-simple owners of the property, by which said owners indicate their consent to the issuance of such permit and that they acknowledge ultimate financial responsibility for the removal of such vehicle, trailer, or watercraft should it remain on the property, in violation of this ordinance, after the expiration of any permit which may be issued pursuant to Subsection B of this Section 302.8.1.
B.
The Town may issue a permit for a period not to exceed six months upon receipt of an application as presented in Subsection A of this section. No permit will be renewed after the initial six months. However, the applicant can at any time obtain an automotive tarp designed to fit snugly on the type or style of vehicle, trailer, or watercraft for which a permit is sought and to keep said vehicle, trailer, or watercraft covered with such tarp, and/or apply for a fence permit to shield such vehicle, trailer, or watercraft from public view.
R. 
Section 304.2, Protective treatment. The following is added under Section 304.2:
304.2.1 Waiver. The provisions of 304.2 shall be waived where the owner can demonstrate undue hardship. Any person who is eligible for the property tax credit provided under § 9-401 of the Tax Property Article of the Annotated Code of Maryland (2007 Repl. Vol.) or corresponding future provision thereof.
S. 
In Section 304.9, Overhang extensions, the second sentence of the model code is deleted.
T. 
In Section 304.11, Chimneys and towers, the second sentence of the model code is deleted.
U. 
In Section 304.14, Insect screens, the words "May 1" and "October 1" are inserted, respectively, in the first and second "[Date]" spaces that appear in the model code.
V. 
In Section 602.3, Heat supply, the phrase therein of "during the period from [Date] to [Date]" is deleted from the model code and replaced with the phrase "throughout the year."
W. 
602.3, Heat supply. The following section is added under 602.3. Heat supply:
602.3.1 Portable kerosene heaters. Portable kerosene heaters cannot be used alone.
X. 
In Section 602.4, Occupiable work space, the words "October 1" and "the following May 31" are inserted, respectively, in the first and second [DATE] spaces that appear in the model code.
Y. 
Section 704.2 Single- and multiple-station smoke alarms: Delete Section 704.2, Single- and mulitple-station smoke alarms, in its entirety, and substitute the following:
Section 704.2. Smoke alarms, power source and interconnection. See Code of Maryland Regulations § 29.06.01 et seq.