[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg 2-3-2004 as Ch. 4, Title 2, of the 2004 Code. Amendments noted where applicable.]
A certain document, a copy of which is on file in the Clerk-Treasurer's office of the Town of Smithsburg, Maryland, being marked and designated as the "International Property Maintenance Code, First Edition, 1998," as published by the Building Officials and Code Administrators International, Inc., the International Conference of Building Officials, and the Southern Building Code Congress International, Inc., be and is hereby adopted as the Property Maintenance Code of the Town of Smithsburg, in the State of Maryland, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code 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 § 292-2 of this chapter.
The following sections are hereby revised:
Section 101.1: insert "Town of Smithsburg, Maryland."
Section 103.6: insert:
Code official time
Other fees, charges or expenses necessary for the enforcement of the code
Prevailing hourly rate and/or piecework rate as necessary for corrective work
Section 108.1.2: delete.
Section 106.4 shall read as follows:
106.4 Violation penalties. Any person who shall violate a provision of this code or fail to comply therewith or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Any violation of this code shall be deemed a misdemeanor offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The penalty for a violation of this code shall be a fine of no less than $250 per offense nor more than $1,000 per offense.
Section 111.2 shall read as follows:
111.2 Membership of Board. The Board of Zoning Appeals shall consist of at least three but not more than five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex officio member but shall have no vote on any matter before the Board. The Board shall be appointed by the chief appointing authority.
Section 111.2.5: delete.
Section 202, General Definitions. Add to definitions:
CHIEF APPOINTING AUTHORITY. The Mayor and Council of the Town of Smithsburg.
Section 302.4 shall read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees, shrubs or agricultural plantings; provided, however, that this term shall not include cultivated flowers and gardens.
Section 302.8 shall read as follows:
302.8 Motor vehicles. Except as provided for in other regulations, no currently unregistered or inoperable motor vehicle shall be parked, kept, or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled.
Exception: A vehicle of any type is permitted to undergo a major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
Section 303.3 shall read as follows:
303.3 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 way. All numbers shall be in numerals at least three inches (76 mm) high and one-half-inch (13 mm) stroke.
Section 303.15: delete.
Section 304, Interior structure: delete in its entirety.
Section 305.3.1 shall read as follows:
305.3.1 Garbage facilities. The owner or occupant of a dwelling without outside storage of garbage shall maintain his garbage within an approved leakproof, covered garbage container.
Chapter 4, Light, Ventilation and Occupancy Limitations: delete in its entirety.
Chapter 5, Plumbing Facilities and Fixture Requirements: delete in its entirety.
Chapter 6, Mechanical and Electrical Requirements: delete in its entirety.
Chapter 7, Fire Safety Requirements: delete in its entirety.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 292-2 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this chapter.