A.
Appointment. The Housing Official shall be a natural
person appointed as such by the Mayor with the approval of the Council. The
Housing Official shall serve at the pleasure of the Mayor.
B.
Qualifications. The person appointed or designated as
Housing Official shall have either a bachelor of science degree in engineering
or appropriate related experience.
C.
Duties. It shall be the duty of the Housing Official
to enforce the provisions of this chapter. All questions of interpretation
and enforcement shall be first presented to the Housing Official, and such
questions shall be presented to either the Housing Review Board or the Mayor
and Council, as hereinafter provided, only on appeal from the decision of
the Housing Official, and recourse from the decision of the Housing Review
Board or the Mayor and Council shall be the Circuit Court of the county.
A.
Notice of violation. Upon a determination by the Housing
Official that a violation of any provision of this chapter exists or has occurred,
he shall promptly serve upon the person responsible for such matter under
the provisions hereof a written notice setting forth the following:
(1)
The nature of the defect or violation.
(2)
The action which must be taken to cure the defect or
violation.
(3)
The time within which the defect or violation must be
corrected or removed, which time period shall in no event be greater than
90 days following the service of said notice, except in those cases which
the Housing Official shall determine to be emergencies, in which such cases
the time period shall be no greater than 30 days.
B.
Eviction.
(1)
Notice. When the Housing Official shall determine that the defects constituting violations of this chapter are such as to pose a threat to the health and/or safety of the occupants of the structure, he shall serve upon the occupant and the owner, if different than the occupant(s), together with the written notice required in Subsection A above, a written notice that the structure is to be vacated within 30 days of the date of service of the notice to vacate and is to remain vacant until such time as the defects or violations have been corrected.
(2)
Posting. At the time of the service of the notice as
herein provided, the Housing Official shall affix or see that there is affixed
in a prominent location on the structure a notice to the effect that the structure
is not to be used for human habitation. It shall be the owner's responsibility
to see that the notice shall remain affixed to the structure until such time
as the required repairs or improvements have been made and that failure to
do so shall constitute a violation of this chapter and subject the owner to
the penalties as herein provided.
(3)
It shall be the owner's responsibility to see that
the structure is vacated and remains vacant in accordance with the aforesaid
notice to vacate, and his failure to do so shall constitute a violation of
this chapter, and he shall be subject to the penalties hereinafter provided.
C.
Appeals.
(1)
Housing Review Board. Any person upon whom a notice of
violation and/or a notice to vacate has been served as herein provided shall
have the right to appeal the same to the Housing Review Board, provided that
written notice of such an appeal is served upon the Housing Official and/or
the Town Manager within 10 days of the service of such notice.
(2)
Appeals to courts. The Mayor and Council, the Planning
Commission or any person with standing, aggrieved by any decision of the Housing
Review Board, may appeal the same to the Circuit Court of Worcester County.
(3)
Time for appeal. The time for appeal shall be governed
by the Maryland Rules of Procedure and shall run from the date of the mailing
of the decision and findings of fact to the person bringing the appeal to
the Housing Review Board and to all other parties who have requested the findings
and decision in writing at the hearing.
(4)
Costs. Cost shall not be allowed against the Housing
Review Board or Housing Official unless it shall appear to the Circuit Court
that the Board acted with gross negligence or bad faith or with malice in
making the decision appealed from.
(5)
Decision of Circuit Court; appeals to other courts; costs.
An appeal may be taken to the State Court of Special Appeals or the State
Court of Appeals during the period and in the manner prescribed by the rules
of the Court of Appeals, from any decision of the Circuit Court. In such cases,
the award of costs shall be subject to the discretion of the Appellate Court.
A.
Notice. Whenever the Housing Official shall determine that the defects or violations existing in a structure render the same unfit for human habitation and the notices required by § 101-17 above have been duly served and the repairs have not been completed within the time set for in said notices, he shall promptly serve upon the owner of the structure a written notice setting forth the following:
(1)
That the structure is condemned as a public nuisance
by reason of the owner's failure to make the required repairs.
(2)
That the structure must be demolished and all debris
removed from the site within a stated period which will in no event be more
than 120 days.
(3)
That the owner's failure to demolish the building
within the stated period shall constitute a violation of this chapter and
subject him to the penalties as provided herein, and further, that the Mayor
and Council may seek an enforcement of the demolition order through the appropriate
court at the expense of the owner.
(4)
That the owner may request a hearing before the Mayor
and Council as to the demolition order, provided that such request is in writing
and is served upon the Town Manager within 10 days of the service of the demolition
order upon the owner.
B.
At the time of the service of a demolition order as in
this section provided, the Housing Official shall deliver a copy of the same
to the Mayor and Council and/or the Town Manager.
C.
Hearing.
(1)
Upon receipt of a timely request for a hearing, the Mayor
and Council shall promptly schedule a public hearing and shall give 10 days'
written notice thereof to the owner and shall also give public notice thereof
once in a newspaper having general circulation in the town.
(2)
The public hearing shall be recorded stenographically
or electronically.
(3)
At said public hearing, testimony may be offered by or
on behalf of the owner and the Housing Official and by any party with standing.
In addition to such testimony, the Mayor and Council may request the testimony
of additional witnesses if they, in their sole discretion, should determine
that to be necessary in reaching a proper decision.
(4)
The Mayor and Council shall render a written decision
setting forth their findings of fact, which said decision and findings shall
be mailed to the owner and to such other parties who shall have requested
the findings and decision in writing at the hearing.
D.
Appeal.
(1)
Parties. The Housing Review Board, the Planning Commission
or any person with standing, aggrieved by any decision of the Mayor and Council,
may appeal the same to the Circuit Court for Worcester County.
(2)
Time for appeal. The time for appeal shall be governed
by the Maryland Rules of Procedure and shall run from the date of the mailing
of the decision and findings of facts to the applicant and all other parties
who have requested the findings and decision in writing at the hearing.
(3)
Record; additional testimony. If, upon a reading of the
record, it shall appear to the Court that additional testimony or other evidence
is necessary for the proper disposition of the matter, it may take evidence
or appoint a referee to take such evidence as it may direct and report the
same to the Court with the proposed findings of fact and conclusions of law,
which will constitute a part of the proceedings from which the determination
of the Court shall be made.
(4)
Costs against the Mayor and Council. Costs shall not
be allowed against the Mayor and Council unless it shall appear to the Circuit
Court that the Mayor and Council acted with gross negligence or in bad faith
or with malice in making the decision appealed from.
(5)
Decision of Circuit Court; appeal to other courts; costs.
An appeal may be taken to the State Court of Special Appeals or the State
Court of Appeals during the period and in the manner prescribed by the rules
of the Court of Appeals from any decision of the Circuit Court. In such cases,
the award of costs shall be subject to the discretion of the Appellate Court.
E.
Enforcement of demolition order. At the termination of
the time period set forth in the Housing Official's order for demolition
or at the end of any period for demolition established by the Mayor and Council
in a hearing as hereinabove set forth or at the completion of an appeal to
either the Circuit Court or one of the State Appellate Courts, if the owner
has not demolished the property in accordance with said order, the Mayor and
Council may forthwith file an appropriate action with the Circuit Court for
Worcester County to have the order for demolition enforced with all costs
of such court action, including attorneys fees, to be at the expense of the
owner.
A.
Whenever a violation of this chapter occurs or is alleged
to have occurred, any person may report the same, either verbally or in writing,
to the Housing Official or the Housing Official may initiate a complaint.
Complaints shall constitute public records and shall be filed immediately
in a permanent file by the Housing Official. Upon the filing of a complaint,
the Housing Official shall immediately investigate and take action thereon
as provided by this chapter.
B.
In investigating a complaint, the Housing Official may
enter any building, structure, dwelling or premises either with the express
permission of the owner or the occupant or by proper legal authorization,
and such entry shall not constitute a trespass.
Violations of the provisions of this chapter or failure to comply with
any of its requirements shall constitute a municipal infraction. Any person
who violates this chapter or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than $400. Each and every
day such violation occurs may be considered a separate offense without the
necessity for additional notice or process. Where the jurisdiction of the
District Court of Maryland is invoked, to the maximum extent reasonable, the
Court shall order the violation removed or corrected and may issue such additional
orders as the Court may deem appropriate to safeguard against future violations
of this chapter.
A.
Establishment and composition.
(1)
The Mayor and Council shall appoint a Housing Review
Board consisting of five members who are adults and citizens of Snow Hill.
Members shall be selected for their understanding and appreciation of housing
principles, knowledge of conditions in the community, its housing objectives
and policies, general civic interest as opposed to special or private interest
and a fair and judicial approach.
(2)
Each appointment shall be for a three-year term. A person
shall be permitted to serve two consecutive three-year terms and may not be
appointed for a further term until at least one year has passed since the
end of his second consecutive term.
(3)
The members of the Board shall serve without compensation.
(4)
The members of the Board shall elect a Chairman. Three
members of the Board in attendance shall constitute a quorum.
B.
Meetings. The Board shall meet at such times as its membership
shall determine to be necessary or as required to hear appeals as herein otherwise
provided. All meetings of the Board shall be open to the public, and all meetings
in the nature of a public hearing shall be transcribed either stenographically
or electronically.
C.
Powers and duties. The Housing Review Board shall have
the following powers and functions:
(1)
Administrative review. To hear and decide appeals where
it is alleged that there is error in any order, requirement, decision or determination
made by the Housing Official in the administration or enforcement of this
chapter, with the exception of matters having to do with orders of demolition,
which shall be the sole responsibility of the Mayor and Council as herein
otherwise provided.
(2)
Interpretation. To hear and decide any conflict concerning
the interpretation of the provisions of this chapter.
(3)
Variances. To authorize, upon appeal, in specific cases
such variances from the terms of this chapter as will not be contrary to public
interest where, owing to the special conditions, a literal enforcement of
the provisions of this chapter would result in undue hardship. A variance
from the terms of this chapter shall not be granted unless and until the applicant
has demonstrated each of the following:
(a)
Special conditions or circumstances exist which are peculiar
to the structure or building involved.
(b)
The special conditions or circumstances did not result
from actions of the applicant.
(c)
Granting the variance requested will not confer upon
the applicant any special privilege that is denied by this chapter to other
buildings or structures.
(4)
Time extensions. To authorize, on appeal, extensions
of time to make the corrections or repairs required by order of the Housing
Official; provided, however, that in no event shall such additional period
exceed 120 days.
(5)
Conditions. In granting any variance or
time extension, the Housing Review Board may prescribe appropriate conditions
and safeguards in conformity with this chapter and other regulations. Violations
of such conditions and safeguards, when granted, shall be deemed a violation
of this chapter, shall be punishable under the penalties hereinabove set forth
and, at the discretion of the Board after notice and hearing, shall be grounds
for termination or revocation of the variance or time extension itself.
D.
Findings of fact and written decision. All decisions
made by the Housing Review Board shall be in writing and shall include findings
of facts in support of the decision made. A copy of the decision and findings
of fact shall be mailed to the party(ies) applying for the decision and to
any other interested person who shall request a copy of the same at the meeting
or hearing.
