102.4 Referenced codes and standards. The codes
and standards referenced in this code and listed in Chapter 35 shall
be considered part of the requirements of this code to the prescribed
extent of each such reference, except to the extent that any of such
standards have been expressly modified in the Code of the Town of
Indian Head. The standards contained in the Maryland Accessibility
Code adopted by the Maryland Department of Housing and Community Development
also shall be deemed part of this code. In any situation where a provision
of this code conflicts with the provision of any such standard or
with the provision of any other law, ordinance, code or regulation,
the provision which establishes the higher standard for the promotion
and protection of the public health, safety and welfare shall prevail,
regardless which may have been enacted first, except that:
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102.4.1 In the event of a conflict between a provision
of this code (or the standards listed in Chapter 35) and the Maryland
Accessibility Code, the Maryland Accessibility Code shall prevail.
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102.4.2 In the event of a conflict between a provision
of this code (or the standards listed in Chapter 35) and the provisions
of the Annotated Code of Maryland, the provisions of the Annotated
Code of Maryland shall prevail.
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Section 103
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Building Official
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103.1 General. This code shall be administered
and enforced by the Building Official. The Building Official shall
be the Code Enforcement Officer of the Town or such other person as
the Town's Town Manager designates.
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114.3 Prosecution. In addition to the penalties
provided for in Section 114.4 in case of any unlawful acts the Building
Official, with the approval of the Town Manager of the Town, may institute
in the name of the Town an appropriate civil action or proceedings
against the person responsible for the violation for the purpose of
ordering that person:
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1.
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To restrain, correct or remove the violation or refrain from
further execution of work;
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2.
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To restrain or correct the erection, installation, maintenance,
repair or alteration of such structure;
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3.
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To require the removal of work in violation; or
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4.
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To prevent the occupancy of the structure that is not in compliance
with the provisions of this code.
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114.4 Violations and penalties.
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1.
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Knowing and intentional violations of this code, failures to comply with this code, or refusals or failures to comply with a notice issued pursuant to Section 114.2 of this code are declared to be misdemeanors. Any person who knowingly and willfully commits any of these acts shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article II, and particularly § 1-5, of the Code of the Town of Indian Head (as amended). Each day that one of these acts continues is a separate offense.
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2.
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Except as provided in Paragraph 1 above, violations of this code, failures to comply with this code, or refusals or failures to comply with a notice issued pursuant to Section 114.2 of this code, are declared to be municipal infractions and shall be subject to the penalties and procedures as approved in Chapter 1, Article II, and particularly § 1-6, of the Code of the Town of Indian Head (as amended). These acts are strict liability offenses. Each day that one of these acts continues is a separate offense. The fine shall be $400 for each initial violation and $400 for each day thereafter that the violation continues.
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Section 3114
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Special construction precautions
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3114.1 General. In any construction area of more
than four single dwelling units or any commercial unit, shopping center,
office building, multifamily dwelling, school, etc., fire protection
and fire prevention fixtures shall be required as provided in Sections
3114.2, 3114.3 and 3114.4.
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3114.2 Serviceable road. Prior to the framing of
the building, a serviceable all-weather road shall be installed so
that all normal access that will be available when the building is
open will be available to fire prevention and suppression authorities
while the building is under construction.
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3114.3 Adequate water supply. All underground water
lines shall be installed prior to framing, and adequate fire hydrants
and water supply for firefighting shall be provided.
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3114.4 Telephone. Prior to framing, a telephone
or some other means of transmitting an alarm of fire shall be installed.
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Section 3401 General
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3401.1 Scope. The provisions of the Maryland Building
Rehabilitation Code shall control the repairs, modifications, reconstruction,
additions, and changes in occupancy to existing buildings.
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Section 3402 Vacant Commercial Structures
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3402.1 Scope. This section is to protect the public
health, safety and welfare in all existing vacant commercial structures;
fixing the responsibility of owners; and providing for administration,
enforcement and penalties.
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3402.2 Intent. Existing structures and premises
that do not comply with these provisions shall be altered or repaired
to provide a minimum level of health and safety as required herein.
All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health and safety.
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3402.3 Existing remedies. The provisions in this
code shall not be construed to abolish or impair existing remedies
of the jurisdiction or its officers or agencies relating to the removal
or demolition of any structure which is dangerous, unsafe and unsanitary.
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3402.4 Saving clause. This code shall not affect
violations of any other ordinance, code or regulation existing prior
to the effective date hereof, and any such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of these ordinances, codes or regulations in
effect at the time the violation was committed.
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Section 3403 Notices and Orders.
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3403.1 Notice to Owner or to Person or Persons Responsible.
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Whenever the Code Official determines that there has been a
violation of this code or has grounds to believe that a violation
has occurred, notice shall be given to the owner or the person or
persons responsible.
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3403.2 Form. Such notice shall:
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1.
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Be in writing;
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2.
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Include a description of the real estate sufficient for identification;
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3.
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Include a statement of the reason or reasons why the notice
is being issued; and
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4.
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Include a correction order allowing a reasonable time for the
repairs.
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3403.3 Method of service. Such notice shall be
deemed to be properly served if a copy thereof is (A) Delivered to
the owner personally; or (B) sent by certified or registered mail
addressed to the owner at the last known address with return receipt
requested. If the certified or registered letter is returned showing
that the letter was not delivered, a copy thereof shall be posted
in a conspicuous place in or about the structure affected by such
notice. Service of such notice in the foregoing manner upon the owner's
agent or upon the person responsible for the structure shall constitute
service of notice upon the owner.
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3403.4 Transfer of ownership. It shall be unlawful
for the owner of any structure who has received a compliance order
or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
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3403.5 Closing of vacant structures. If the structure
is vacant and unfit for human habitation and occupancy, and is not
in danger of structural collapse, the Code Official is authorized
to post a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance; upon failure of
the owner to close up the premises within the time specified in the
order, the Code Official shall cause the premises to be closed through
any available public agency or by contract or arrangement by private
persons, and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
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3403.6 Notice. Whenever the Code Official has condemned
a structure under provisions of this section, notice shall be posted
in a conspicuous place in or about the structure affected by such
notice and served on the owner or the person or persons responsible
for the structure.
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3403.7 Placarding. Upon failure of the owner or
person responsible to comply with the notice provisions within the
time given, the Code Official shall post on the premises a placard
bearing the word "condemned" and a statement of the penalties provided
for occupying the premises or removing the placard.
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3403.8 Prohibited occupancy. Any person who shall
occupy a placarded premises and any owner or any person responsible
for the premises who shall let anyone occupy a placarded premises
shall be liable for the penalties provided by this code.
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3403.9 Removal of placard. The Code Official shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the Code Official shall be subject to the
penalties provided by the code.
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Section 3404 Demolition
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3404.1 General. The Code Official shall order the
owner of any premises upon such that it is unreasonable to secure
from casual entry, meaning windows and doors boarded per Appendix
A of the 2012 IPMC, and trash and debris removed within 30 days of
the date of the notice from the Code Official, repair the structure,
to raze and remove such structure within 90 days; or if such structure
is capable of being made safe by repairs, to repair and make safe
and sanitary within 90 days of the notice or to raze and remove at
the owner's option; or where there has been a cessation of normal
construction of any structure for a period of more than six months,
to raze and remove such structure within 90 days of the date of the
notice.
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3404.2 Order. All notices and orders shall comply
with Section 3410.
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3404.3 Failure to comply. If the owner of a premises
fails to comply with a demolition order within the time prescribed,
the Code Official shall cause the structure to be razed and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such razing and removal shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
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3404.4 Salvage materials. When any structure has
been ordered razed and was removed through the Code Official due to
the owner's failure to comply, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the
right to sell the salvage and valuable materials at the highest price
obtainable. The net proceeds of such sale, after deducting the expenses
of such razing and removal, shall be promptly remitted with a report
of such sale or transaction, including the items of expense and the
amounts deducted, for the person who is entitled thereto, subject
to any order of a court. If such surplus does not remain to be turned
over, the report shall so state.
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Section 3405 Exterior Structure
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3405.1 General. The exterior of a structure shall
be maintained in good repair, structurally sound and sanitary so as
not to pose a threat to the public health, safety or welfare or a
blight to the surrounding neighborhood.
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3405.2 Failure to comply. If the owner of a premises
fails to comply with a repair order within 90 days, the Code Official
shall cause the structure to be repaired, either through an available
public agency or by contract or arrangement with private persons,
and the cost of such repair shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
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3405.3 Exterior painting. All wood and metal surfaces,
including, but not limited to, window frames, doors, door frames,
cornices, porches and trim, shall be maintained in good condition.
Peeling, flaking and chipped paint shall be eliminated and surfaces
repainted.
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3405.4 Street numbers. Each structure to which
a street number has been assigned shall have such number displayed
in a position easily observed and readable from the public right-of-way.
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3405.5 Structural members. All structural members
shall be maintained free from deterioration, and shall be capable
of safely supporting the imposed dead and live loads.
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3405.6 Foundation walls. All foundation walls shall
be maintained plumb and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rats.
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3405.7 Exterior walls. All exterior walls shall
be free from holes, breaks, loose or rotting materials; and maintained
weatherproof and properly surface-coated where required to prevent
deterioration.
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3405.8 Roofs and drainage. The roof and flashing
shall be sound, tight, and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. Roof drains, gutters,
and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public
nuisance.
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3405.9 Decorative features. All cornices, belt
courses, corbels, terra-cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage
and in safe condition.
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3405.10 Overhang extensions. All canopies, marquees,
signs, metal awnings, fire escapes, standpipes, exhaust ducts and
similar overhang extensions shall be maintained in good repair and
be properly anchored so as to be kept in a sound condition. When required,
all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather
coating materials, such as paint or similar surface treatment.
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3405.11 Stair and walking surfaces. Every stair,
ramp, balcony, porch, deck or other walking surface shall be kept
in a sound condition.
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3405.12 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
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3405.13 Chimneys and towers. All chimneys, cooling
towers, smokestacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. All exposed surfaces
of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
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3405.14 Handrails and guards. Every handrail and
guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
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3405.15 Window and door frames. Every window, door
and frame shall be kept in sound condition, good repair and weathertight.
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3405.15.1 Glazing. All glazing materials shall
be maintained free from cracks and holes.
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3405.15.2 Openable windows. Every window, other
than a fixed window, shall be easily openable and capable of being
held in position by window hardware.
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3405.16 Doors. All exterior doors and hardware
shall be maintained in good condition.
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3405.17 Basement hatchways. Every basement hatchway
shall be maintained to prevent the entrance of rats, rain, and surface
drainage water.
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3405.18 Guards for basement windows. Every basement
window that is openable shall be supplied with rat-proof shields,
storm windows or other approved protection against entry of rats.
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