[HISTORY: Adopted by the Town Council of the Town of Denton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-2023 by Ord. No. 744[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Residential Rental Housing, adopted 6-1-2009 by Ord. No. 576, as
amended.
The purpose of this article is to protect the health, safety
and welfare of the Town residents and to prevent deterioration of
the housing stock in the Town.
Unless specifically defined in this article or unless context
clearly requires a different meaning, terms used in this article have
the meanings given to them by the currently adopted edition of the
International Property Maintenance Code. For the purposes of this
article, certain words and phrases used in this article are defined
as follows:
The official who is charged with the administration and enforcement of this chapter or code, or any duly authorized representative. The Property Maintenance Inspector in accordance with the Denton Property Maintenance Code, Chapter 94, is designated the Code Official.
Prostitution; gambling; maintaining or conducting a disorderly
house; unlawful possession; transportation; sale or use of a weapon;
domestic assault; delinquency of a minor; criminal street gang activity;
threatening; intimidating or assaultive behavior; the unlawful discharge
of firearms; or any other criminal activity on or near the premises
that jeopardizes the health, safety and welfare of the landlord, his
agent, other resident, neighbor or other third party, or involving
imminent or actual serious property damage.
The Department of Planning and Codes.
The Director or Senior Code Official in charge of administration
of the Department of Property Maintenance.
Denton Property Maintenance Code, Chapter 94, and any amendments.
The illegal manufacture, sale, distribution, use or possession
with intent to manufacture, sell, distribute, or use of a controlled
substance or any substance represented to be drugs (as defined in
§ 102 of the Controlled Substance Act [21 U.S.C. § 802]).
Any individual, proprietorship, partnership, authorized agent,
corporation, association, or other legal entity having a vested interest
in a residential rental property.
A representative of a property owner or landlord who resides
within 30 miles of the Town of Denton at the time of the periodic
property registration.
Any lease or other transfer of the right to occupy a primary
or accessory dwelling unit on the parcel other than a hotel, motel,
inn, or bed-and-breakfast for not less than one night and not exceeding
four months.
Any building or portion of a building in which a person resides
in which consideration of money or other goods or services are paid
or provided to the owner of such building, or the owner's authorized
representative or other tenant. This definition shall include the
letting or rental of the following structures as defined in the Denton
Zoning Ordinance[1]: any single-family residential dwelling unit, multifamily residential dwelling unit, two-family residences, boardinghouse, rooming house, lodging house, group home of any type, intermediate care home or institution, or handicapped or infirm home. Definitions for the previous categories are located in § 128-8. This definition does not include owner-occupied single-family residences in which no more than two rooms are let, provided the rooms do not have separate kitchen and bath facilities.
It shall be unlawful for any person to let for occupancy or
allow the occupancy of any dwelling, dwelling unit, rooming unit or
part thereof, whether for use on a monthly or yearly basis, within
the Town of Denton without having first obtained a license for said
unit as hereinafter provided. This is not required for rentals in
which the agreements are transient.
A.
Exceptions.
(1)
When a dwelling, dwelling unit, rooming unit, or part thereof is occupied by an immediate family member of the owner or the owner's spouse (As defined in the Denton Town Code § 128-8 Immediate Family Member), a rental license shall not be required. The Code Official shall determine the appropriate information required in order to determine compliance with this section.
(2)
The requirement for a license shall not apply to the following uses as those uses are defined in the Town's Zoning Ordinance, which is Chapter 128 of the Town Code: Assisted Living Facilities, Bed and Breakfast Inns, Short Term Rental Units, Homeless Shelters, Hospice facilities, Hotels, Motels, Nursing Homes, Overnight Care Facilities, Patient Hostels, and similar uses.
B.
The legal owner of record shall make written application to the Town
for a rental unit license, upon such form or forms as the Town shall
from time to time designate. Such application shall be submitted together
with a nonrefundable rental license fee, as approved and authorized
by the Town Council. The legal owner shall also commit to including
the following, or substantially comparable, crime free/drug free and
disorderly use language in the lease or rental agreements with their
tenants:
(1)
Crime free/drug free.
(a)
The resident, any members of the resident's household, or a
guest or other person affiliated with the resident shall not engage
in criminal activity, including drug-related criminal activity, on
or near the premises.
(b)
The resident, any member of the resident's household, or a guest
or other person affiliated with the resident shall not engage in any
act intended to facilitate criminal activity, including drug- related
criminal activity, on or near the premises.
(c)
The resident or members of the household will not permit the
dwelling unit to be used for or to facilitate criminal activity, including
drug-related criminal activity, regardless of whether the individual
engaging in such activity is a member of the household or a guest.
(d)
The resident, any member of the resident's household, or a guest
or other person affiliated with the resident shall not engage in the
unlawful manufacturing, selling, using, storing, keeping, or giving
of a controlled substance at any locations, whether on or near the
premises or otherwise.
(e)
Violation of any one of the above provisions shall be a material
and irreparable violation of the lease and good cause for immediate
termination of tenancy.
(2)
Disorderly use.
(a)
The resident, members of the resident's household, guests, or
other persons under the resident's control shall not engage in the
following disorderly use activities:
(b)
Three disorderly use violations involving the same tenancy within
a continuous twelve-month period shall be a substantial and material
violation of the lease and good cause for termination of the tenancy.
C.
The holder of the residential rental license shall be the owner of
the rental housing unit. All owners shall certify to the Town of Denton
the name, address, and telephone number of a person qualified to accept
notice or authorize repairs on behalf of the owner. If the person
is the Designated Agent they must live within 30 miles of the Town.
If the owner does not live within 30 miles of the Town, the designating
of an agent is required. The application shall contain a consent to
inspection during reasonable hours for the entire term of the license.
D.
The Town of Denton shall issue or deny a rental housing license.
The Town of Denton Department of Planning and Codes shall receive
all applications and coordinate a review process involving the Town's
Building Official. The issuance of a license is not to be construed
as proof or acknowledgment of the Town of Denton that the subject
property complies with codes pending determination by an inspection.
A denial shall be in writing, setting forth the code violation(s)
and reason(s) for such denial.
E.
The owner is responsible for updating any contact information related
to the rental license, including the name of the current tenant, in
order to insure ready communication with the Town for emergencies,
payments, inspections, and code violations. The Town will not be responsible
for using outdated or incorrect contact information.
F.
The owner, by signing, agrees to all the terms of the Rental License,
including that the property is compliant and that they agree to the
terms of the "Compliance Checklist." Failure to comply will be considered
a "Failure in terms of licensing."
A.
All residential rental properties shall be subject to periodic inspections
by the Code Official at any change of tenancy, or every three years
at a minimum for compliance with the International Property Maintenance
Code or the Building Code under which the structure was built and
guidelines of the International Existing Building Code.
B.
Inspections shall be performed pursuant to the laws and regulations as established in Chapter 94, Denton Property Maintenance Code ("DPMC"), State of Maryland requirements, and any provisions of the Denton Town Code that may apply. All inspections will be performed in relationship to a "Rental Inspection Checklist" to insure fair and uniform enforcement. The checklist may be added to or updated to address code changes with approval of the Director of Planning and Codes.
C.
If an inspection reveals a violation of the provisions of this code
or any applicable regulations of the Denton Town Code, the Owner and/or
agent will be notified by letter or email of the deficiencies and
the required corrections. A reasonable amount of time to complete
the corrections will be provided and a follow-up inspection will be
scheduled when corrections are completed.
D.
The Code Official may grant a waiver of inspection for certain Federal
or State Residential Rental Housing Programs, such as the Housing
and Urban Development ("HUD") Section 8, or similar programs where
inspections are routinely performed as a requirement to qualify for
such housing. Waivers may also be granted if requested in writing
by the current tenant of the property. Granting of waivers does not
relieve the owner of compliance with all applicable Town, State, or
Federal laws. The Town reserves the right to perform inspections for
compliance with this code if more than three complaints from residents
have been received in a twelve-month period and have been confirmed
by an on-site inspection.
A.
A license may be suspended, revoked, or denied by the Code Official if the owner fails to remedy or correct violations in accordance with § 98-4C, fails to maintain proper rental licensure, or fails to comply with an order or notice by the Code Official. Suspensions, revocations, or denials of a license shall be in addition to and not a substitution for such penalties and fines as provided for in this code.
B.
Reinstatements of suspensions or revocations of a license are subject
to a fine in accordance with a general fine schedule, as established
and adopted by resolution of the Town Council, that may be amended
from time to time.
C.
In addition to any other remedies which may be available in the event
of a violation of the provisions of this code, the Code Official may
seek an injunction to prevent the renting, or offering to rent, of
rental dwelling units.
D.
Unpaid fines, fees, expenses, or related costs incurred for adjudication
and/or abatement of a violation(s) shall be charged to the owner of
such property. If the fines, fees, expenses, or costs are not paid
in 90 days they shall be a lien against such property and shall be
collectible in the same manner in which delinquent taxes against such
real estate shall be collectible, or by any action at law as deemed
appropriate.
E.
Notice of violation; termination of tenancy.
(1)
Upon determination by the Code Official that a licensed premises or unit within a licensed premises was used in violation of the crime free/drug free provisions of § 98-3B(1) herein, the Code Official shall cause notice of the violation to be made to the owner and/ or agent. The owner or agent shall notify the tenant or tenants within 10 days of the notice of violation and the owner shall then proceed with termination of the tenancy of all tenants occupying the unit.
(2)
Upon determination by the Code Official that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in § 98-3B(2) herein, the Code Official shall cause notice of the violation to be made to the owner and/or agent and direct the owner and/or agent to take steps to prevent further disorderly use violations.
(3)
If a second disorderly use violation as determined by the Code Official
occurs within a continuous twelve-month period involving the same
tenancy, the Code Official shall cause notice of the second violation
to be made to the owner and property manager. The owner or property
manager shall respond, in writing, within 10 days of receipt of the
notice, with an action plan to prevent further disorderly use violations.
(4)
If a third disorderly use violation as determined by the Code Official
occurs within a continuous twelve-month period involving the same
tenancy, the Code Official shall cause notice of the third violation
to be made to the owner and/or agent. The owner and/or agent shall
notify the tenant or tenants, within 10 days of the notice of disorderly
use violation, of the crime free/drug free lease language within the
lease and proceed with termination of the tenancy of all tenants occupying
the unit.
(5)
The provisions of Subsection E(1) through (4) above do not apply if the determination that the premises has been used in violation of the provisions of § 98-3B(1) and (2) originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance or, in the case of domestic abuse, from a call for assistance from any source.
(6)
If the licensee fails to comply with the requirements of this section,
the rental dwelling license for the premises may be denied, revoked,
suspended, or not renewed. An action to deny, revoke, suspend, or
not renew a license under this section may be initiated by the Code
Official.
A.
Licenses shall be issued for a term of one year, renewable for additional
one-year terms every October 1st and subject to payment of a license
fee, in the amount as established in the general fee schedule, and
adopted by resolution of the Town Council, that may be amended from
time to time and subject to the condition herein.
B.
Licenses issued hereunder shall not be transferable, and subsequent
title holders of a residential rental property shall be required to
obtain a separate license.
C.
Failure to remit payment 30 calendar days from the date of notification
for renewal of a license shall be assessed a late payment fee in accordance
with the fine schedule, established by the Town Council and adopted
by resolution, that may be amended from time to time.
The Town Council is hereby authorized to enact a resolution
establishing a general fee schedule of license, inspection, reinspection
fees, penalties and fines pursuant to the administration of this Code.
Any fees, fines, and expenses shall be subject to the collection procedures
as established herein.
Any person affected by a decision of the Code Official and the enforcement of this code may appeal such decision in accordance with DPMC § 94-2.1.
Should any provision, section, paragraph, sentence or word of
this article be determined unconstitutional, such decision shall not
affect the validity of the remaining portions of this article.
