In this article, the following words have the meanings indicated.
Where terms are not defined they shall have their ordinarily accepted
meanings such as the context may imply. Words used in the present
tense include the future; words used in the masculine gender include
the feminine and neuter, the singular includes the plural and the
plural the singular.
To declare a structure or part thereof, premises or equipment
unsafe or unfit for use or occupation.
A building or structure, or portion thereof, used for human
occupancy, including garages and other appurtenances.
The open space on the premises and on adjoining property
under the control of owners, operators or residents of such premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poison spraying,
fumigating, trapping, or by any other pest elimination methods as
allowed by law.
The animal, mineral and vegetable waste resulting from the
handling, preparing, cooking and serving of food exclusive of recognized
industrial by-products and human and animal feces.
The presence, within or around a dwelling, of insects, rodents,
vermin or other pests.
Acts of repair and other acts to prevent a decline in the
condition of grounds, structures, other appurtenances and equipment
such that the condition does not fall below the standards established
by this Code and other applicable statutes, Codes and ordinances.
Any person, over one year of age (including the owner or
operator and domestic service employees) living, sleeping, cooking
or eating in, or having actual possession of, space within a dwelling
or premises.
Any person who, alone or jointly or severally with others:
Shall have legal and/or equitable title to any dwelling, dwelling
unit, or rooming unit, with or without accompanying actual possession
thereof; or
Shall have charge, care, possession or control of any dwelling
unit or rooming unit, as owner or agent of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the
estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this ordinance,
and of rules and regulations adopted pursuant thereto, to the same
extent as if he/she were the owner.
Any individual, firm, corporation, association, partnership,
limited partnership, trust or estate.
A lot, plot or parcel of land including the building or structures
thereon.
All combustible and noncombustible waste materials, except
garbage; and the term shall include but not be limited to the residue
from the burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin and aluminum cans, metals, mineral matter,
glass crockery, and dust.
An open space surrounding a building.
[Effective 7-8-1988]
[Effective 7-8-1988]
Every portion of a building or premise used or intended to be used for residential purposes, and not governed by the provisions of Chapter 13 of the Code of Ordinances, Rental Housing Code, shall comply with the provisions of this Code as set out herein, irrespective of when such building shall have been constructed, altered or repaired. This Code shall be construed liberally and justly to insure the public health, safety and welfare.
All exterior property areas shall be maintained in a clean,
safe and sanitary condition free from any accumulation of rubbish,
waste or garbage, or other offensive or dirty material.
A.
All premises shall be graded and maintained so as to prevent the
accumulation of stagnant water thereon, or within any building or
structure located thereon.
B.
All exterior property areas shall be properly maintained and no weeds,
briars, brush and grass more than one-foot tall (other than garden
and yard planting properly maintained by the owner or occupant) shall
be allowed to accumulate or grow on any private property adjoining
any of the streets, alleys or lanes and within 200 feet thereof in
the Town of University Park.
C.
The storage of wood and other materials not proscribed by this article
shall be accomplished in a manner designed to avoid rodents, termites
and other insect infestation. Wood shall be stored at least 18 inches
above the ground.
D.
All exterior property areas shall be kept free from infestation by
rodents, vermin, insects and other pests where rodents, vermin, insects
and other pests are found, they shall be promptly exterminated by
the owner by acceptable processes which will not be injurious to the
health of humans or other animals. After extermination, proper precautions
shall be taken by the owner and occupant to prevent re-infestation.
E.
Exterior property areas shall not be utilized for any period of time
for the open storage of building materials, rubbish or refuse, bathroom
or kitchen fixtures, glass, furniture, or similar items or materials,
irrespective of age or condition.
F.
Exterior steps and walkways shall be maintained free of unsafe obstructions
or hazardous conditions.
G.
Every occupant of a structure or part thereof shall store and dispose
of all rubbish in a clean and sanitary manner by placing it in appropriate
rubbish containers, which shall not exceed 35 gallons in size.
H.
Every occupant of a structure or part thereof shall store and dispose
of garbage or other organic waste in a clean and sanitary manner by
placing it in appropriate garbage disposal facilities or garbage storage
containers, with covers, which shall not exceed 35 gallons in size.
I.
It shall be the responsibility of any property owner, or other occupant,
who shall possess animals on the same premises to keep said animals
in a reasonably sanitary condition.
J.
Continuing or repeated incidents of rodent infestation shall require
the installation of rodent- and vermin-proof walls. The rodent- and
vermin-proof walls shall be installed in accordance with the building
Code.
K.
All trees and shrubbery located on exterior property areas shall
be maintained in such a way so as not to pose a danger to adjoining
property.
L.
Residents may maintain an area for compost if it is done in such
a manner so as to avoid infestation by rodents or other pests, or
noxious odors.
[Effective 7-8-1988]
A.
The exterior of any structure on a premises shall be maintained in
good repair, and in a structurally sound and sanitary condition so
as not to pose a threat to the health, safety or welfare of the occupants
and so as to protect the occupants from the adverse effects of the
environment.
B.
Every foundation, exterior wall, roof, and all other exterior surfaces
shall be kept structurally sound, free of deterioration, maintained
in a condition capable of safely bearing the dead and live loads imposed
upon them in a workmanlike state of maintenance and repair, and shall
be kept in such condition as to exclude rodents, other animals and
birds.
C.
All exterior surface materials, including wood, composition, or metal
siding, 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.
D.
Roof water shall not be discharged in a manner that creates a nuisance
to owners or occupants of adjacent premises, or that creates a public
nuisance.
E.
Grassy, yard and other unpaved areas shall not be used for the parking
of motor vehicles.
[Effective 7-8-1988]
A.
It shall be the duty and responsibility of the Town to enforce the
provisions of this article as herein provided.
B.
The Mayor and Council may waive applicability of this chapter for
good cause shown.
C.
Any Code official, officer or employee who acts in good faith and
without malice in the discharge of duties of enforcement of this article
is relieved of all personal liability for any damage that may accrue
to persons or property as a result of such acts or alleged failure
to act. Further, the official shall not be held liable for any costs
in any action, suit or proceeding that may be instituted by the official
in the enforcement of this article in any of these actions, the official
or employee shall be defended or represented by the jurisdiction's
attorney at law until the final termination of the proceedings.
[Effective 7-8-1988]
A.
A violation of § 13-103B shall constitute a public nuisance, and shall be subject to the procedures and remedies set out in § 7-106 of this Code. In addition, failure to comply with any portion of this article shall constitute a municipal infraction for which a penalty of $200 shall be imposed. Every day that a violation continues after due notice has been given shall be deemed a separate offense. The Housing Officer is authorized to issue citations for violations of this article. Any property owner who does not comply with this article may be charged with any costs incurred by the Town to bring the property into compliance. Such costs may be included as part of the tax levy on the property and shall be payable as part of that levy, which remedy is in addition to any other legal remedy available to the Town.
[Revised 4-9-1991, 10-23-1997, 7-11-2004]
B.
Whenever it has been determined that there has been or is a violation
of the provisions of this article, notice shall be given to any persons
to be charged with the violation, which may include the owner of the
property and/or the owner of an improperly parked vehicle. Notice
shall be in writing, include a description of the real property and/or
vehicle sufficient for identification, include a statement of the
reason or reasons why it is being issued, and state the time in which
conditions must be corrected. Service of this notice shall be as follows:
(1)
By delivery to the owner personally or to his agent; or
(2)
By certified or registered mail addressed to the owner of the real
property at the address provided to the Town by the owner for receipt
of taxing information, and by certified or registered mail addressed
to the owner of an improperly parked vehicle at the address provided
to the Maryland Division of Motor Vehicles; or
(3)
If the letter is returned with receipt showing non-delivery, by posting
a copy of the notice in placard form in a conspicuous place on the
premises to be affected by such notice; or
(4)
As to an improperly parked vehicle, by leaving a copy of the notice
on the front windshield of said vehicle.
[Effective 4-9-1991]
A.
If any section, subsection, paragraph, sentence, clause or phrase
of this article shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article
which shall continue in full force and effect, and to this end the
provisions of this article are hereby declared to be severable.
B.
This article 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 those ordinances,
codes or regulations in effect at the time the violation was committed.
[Effective 7-8-1988]
[Effective 7-8-1988]
The Council shall pass such rules and regulations as are consistent
with the purpose intent and enforcement of this article.
In this chapter, the following words have the meanings indicated.
Where terms are not defined they shall have their ordinarily accepted
meanings such as the context may imply. Words used in the present
tense include the future; words used in the masculine gender include
the feminine and neuter, the singular includes the plural and the
plural the singular.
Any portion of a building located wholly or partially underground
having any portion or all of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
The basic building Code, latest edition, and current cumulative
supplement officially adopted by Prince George's County and University
Park for the regulations of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of premises,
buildings and structures.
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside of these rooms.
To declare a structure of part thereof; premises or equipment
unsafe or unfit for use or occupation.
Any room or group of rooms located within a dwelling intended
to provide a complete single habitable unit for one or more persons
with facilities which are used or intended to be used for living,
sleeping, cooking and eating.
A building or structure, or portion thereof, used for human
occupancy, including garages and other appurtenances.
An unforeseen occurrence or condition, or a rapid deterioration
of circumstances, necessitating immediate action to avert imminent
danger to life, liberty or property.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poison spraying,
fumigating, trapping, or by any other pest elimination methods as
allowed by law.
The animal, mineral and vegetable waste resulting from the
handling, preparing, cooking and serving of food exclusive of recognized
industrial by-products and human and animal feces.
The total area of all habitable space in a building or structure.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces, workshops and other rooms used
only occasionally.
[Effective 7-8-1988]
All rules and regulations contained herein or promulgated
pursuant to authority hereunder.
That person appointed by the Mayor with consent of the Council
to enforce the housing Code(s).
The presence, within or around a dwelling, of insects, rodents,
vermin or other pests.
Acts of repair and other acts to prevent a decline in the
condition of grounds, structures, other appurtenances and equipment
such that the condition does not fall below the standards established
by this Code and other applicable statutes, Codes and ordinances.
Any dwelling containing two or more dwelling units.
Any person, over one year of age (including the owner or
operator and domestic service employees) living, sleeping, cooking
or eating in or having actual possession of, space within a dwelling
unit or rooming unit.
An owner.
The temperature 15° F. above the lowest recorded temperature
for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal and/or equitable title to any dwelling, dwelling
unit, or rooming unit, with or without accompanying actual possession
thereof; or
Shall have charge, care, possession or control of any dwelling
unit or rooming unit, as owner or agent of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the
state of the owner. Any such person thus representing the actual owner
shall be bound to comply with the provisions of this ordinance, and
of rules and regulations adopted pursuant thereto, to the same extent
as if he/she were the owner.
Any individual, firm, corporation, association, partnership,
limited partnership, trust or estate.
The practice, materials and fixtures used in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances
and appurtenances within the scope of the plumbing Code including
but not limited to all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, water heating facilities,
garbage disposal units, waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing
machines, catch basins, drains, vents and any other similar supplies
or fixtures, together with all connections to water, sewer or gas
lines.
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises and demands
a water supply therefrom; or discharges used water, liquid borne waste
materials or sewage either directly or indirectly to the drainage
system of the premises, or which requires both a water supply connection
and a discharge to the drainage system of the premises.
A lot, plot or parcel of land including the building or structures
thereon.
A building and its facilities made to conform to present
day minimum standards of sanitation, fire and life safety.
A rented or leased room or group of rooms forming a single
habitable dwelling or rooming unit occupied by one or more persons
which is intended to be used by the occupants for living or sleeping.
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided except when classified
as an institution under the building Code.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
All combustible and noncombustible waste materials, except
garbage; and the term shall include but not be limited to the residue
from the burning of wood, coal, coke and other combustible materials,
paper rags, cartons, boxes, wood excelsior, rubber, leather, tree
branches, yard trimmings, tin and aluminum cans, metals, mineral matter,
class crockery, and dust.
Paid for, furnished, or provided by or under the control
of, the owner or operator.
Any tent, trailer, or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure, or to any utilities system on the
same premises for more than 30 consecutive days.
The process of supplying and removing air by natural or mechanical
means to or from any space.
MECHANICALVentilation by power driven devices.
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers, or stacks without wind driven devices.
Whenever the words "workmanlike state of maintenance and
repair" are used in this chapter, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner and in accordance
with industry standards so as to secure the results intended by this
Code.
An open space surrounding a building.
Every portion of a building or premise used or intended to be
used for residential rental purposes, shall comply with the provisions
of this Code as set out herein, irrespective of when such building
shall have been constructed, altered or repaired. This Code shall
be construed liberally and justly to insure the public health, safety
and welfare.
A.
Rental license. It shall be unlawful for any person to rent or lease
any non-owner occupied premises, or any premises which is occupied
by the owner and rented to more than one other person, including any
single-family rental dwelling unit, multiple rental dwelling unit
or rooming unit within the Town of University Park, without having
first obtained a license or temporary certificate to do so as hereinafter
provided.
B.
License application for existing rental property. Within 60 days
after the enactment of this section, 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.
For any other property proposed to be used as rental property, such
application shall be made at least 30 days prior to the effective
date of any lease. Said forms shall include the owner's address for
service of any notices required under this chapter. Such application
shall be submitted together with a non-refundable rental license fee.
The amount of such fee is to be established by the Town Council.
C.
Temporary Certificates. Upon receipt of a completed application for
a license, the Mayor shall issue a non-transferable "Temporary Certificate"
indication that a license has been duly applied for, and that a non-transferable
license shall be issued or denied after the building, including interior
portions thereof, and premises have been inspected for compliance
with applicable provisions of the housing Code.
D.
Inspections. All rental properties shall be subject to periodic inspection
to determine if they are in conformance with the Code and shall be
inspected at least once each year prior to renewal of the rental license.
Permission for such inspections, without the necessity for obtaining
any further permission or judicial warrant, is a condition of any
license or temporary certificate. Failure to allow entry for such
inspection or to require any tenant to allow entry for such inspection
shall constitute sufficient reasons for the denial or revocation of
the rental license or temporary certificate. In the event a state
of emergency has been declared for the Town by the Mayor and Council,
or by the State of Maryland or Prince George’s County, pursuant
to state or local law, the required inspection may be postponed and/or
altered in scope by resolution of the Mayor and Council.
[Amended 6-1-2020 by Ord. No. 20-O-06]
E.
Revocation or denial of license. A license may be revoked or denied
by the Mayor if the owner, after 10 days' notice from the Town, fails
to eliminate or to initiate good faith efforts to eliminate violations
of the housing Code. Revocation or denial of a license shall be in
addition to and not in substitution for, such other penalties as may
be provided for said violations elsewhere in this Code.
F.
License renewal. Licenses and temporary certificates issued hereunder
shall expire one year from the date of issuance and shall be renewable
annually at the fees set by the Town Council. Application for renewals
shall be made at least 60 days prior to the expiration date. The license
or certificate renewal fee shall be subject to a 10% penalty per month,
or any portion thereof, beyond the date due and payable.
G.
Display of licenses. Licenses and temporary certificates issued under
this section shall be produced on the demand of a tenant or prospective
tenant and shall be available at reasonable times for examination
by the Housing Officer of the Town.
H.
Change of address. The owner shall promptly notify the Town of any
change of address.
I.
Prior to issuance or renewal of a license, the owner must provide
proof of compliance with Section 6-801 et seq. of the Environment
Article, Annotated Code of Maryland.
[7-8-1988 revised effective 11-10-1997]
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements.
A.
Minimum ceiling heights. Habitable space, including all space that
will be used for habitation, shall have a clear ceiling height of
not less than 7 feet for at least 1/2 of the space. In attics or top
half stories, the ceiling height shall be not less than seven feet
for at least 1/3 of the area of such space when used for habitation.
In calculating the floor area for any habitable space, only those
portions of the floor area of the rooms having a clear ceiling height
of five feet or more maybe included.
[Amended 7-10-2017 by Ord. No. 17-O-04]
B.
Required space in dwelling or rooming units. Every dwelling or rooming
unit shall contain a minimum gross floor area of not less than 150
square feet for the first occupant, and 100 square feet for each additional
occupant. The floor area shall be calculated on the basis of the total
area of all habitable rooms.
C.
Required space in sleeping room. Every room occupied for sleeping
purposes by one occupant shall have a minimum gross floor area of
at least 70 square feet. Every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor area for each occupant thereof.
D.
Each dwelling and rooming unit shall provide clothes closet space
measuring at least six square feet, with a height of at least five
feet, for each room used for sleeping. In addition, one other clothes
closet of like size shall be provided elsewhere in the dwelling or
rooming unit.
E.
Location of bath and second sleeping room. No dwelling unit containing
two or more sleeping rooms shall have such room arrangements that
access to a bathroom or water closet compartment intended for use
by occupants of more than one sleeping room can be had only by going
through another sleeping room; nor shall the room arrangement be such
that access to a sleeping room can be had only by going through another
sleeping room or a bathroom or water closet compartment.
A.
Generally. The Housing Officer is hereby authorized to enforce the
provisions of this Code and is directed to make inspections to determine
the condition of rental dwellings, dwelling units, rooming units,
and premises located within the Town of University Park, Maryland,
in order that he/she may perform his duty of safeguarding the health
safety and welfare of the occupants of dwellings and of the general
public. For the purpose of making such inspections the Housing Officer
is hereby authorized upon presentation of proper credentials to enter,
examine, and survey at all reasonable times all non-owner occupied
rental dwellings, dwelling units, rooming units, and premises or any
such rental dwellings occupied by the owner and rented to more than
one other person. The owner or occupant of every such rental dwelling,
dwelling unit, and rooming unit, or the person in charge thereof,
shall give the Housing Officer free access to such dwelling, dwelling
unit or rooming unit and its premises, at all reasonable times for
the purpose of such inspection, examination and survey. Every occupant
of any such rental dwelling or dwelling or rooming unit shall give
the owner thereof, or his agent or employee, access to any part of
such dwelling or dwelling or rooming unit, or its premises, at all
reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
ordinance or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this ordinance.
B.
Entry. If any owner, occupant, or other person in charge of a structure
subject to the provisions of this Code prevents refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to any part of the structure or premises where inspection authorized
by this Code is sought, the Housing Officer (or other representatives
of the administration) may see, in a court of competent jurisdiction,
an order that the owner, occupant or other person in charge cease
and desist with such interference.
C.
Alterations and Repairs.
(1)
The Housing Officer has the authority to require and approve any
alterations or repairs necessary to bring a structure or premises
into compliance with this Code. The determination of what may be necessary
to bring the premises into compliance shall take into consideration
the use of alternatives and equivalent approaches as provided for
in this Code.
(2)
The Housing Officer shall have the authority to approve changes in
alterations or repairs in the field when conditions are encountered
which make the originally approved work impractical, if the changes
in approved work can be readily determined to be in compliance with
this Code and are requested by the property owner or his agent before
the changes.
(3)
The changes shall be specifically documented by the property owner
or by his agent, describing the change in work and the reasons and
justification for the change, and shall be filed with the permit for
the project.
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which is not fit for human habitation
or is otherwise in violation of this section.
A.
Dangerous structures and equipment. Any rental dwelling, premises
or part thereof, which shall be found to be unsafe, unlawful or to
have any of the following defects may be condemned as unfit for human
habitation and shall be so designated and placarded by the Housing
Officer. It shall not be re-occupied without approval from the Housing
Officer. Unsafe equipment may be condemned, placarded and placed out
of service pursuant to this section.
(1)
One which is so damaged, decayed dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks sufficient illumination, ventilation, or sanitation
facilities, a fire protection and warning system, or other essential
equipment required by this Code adequate to protect the health or
safety of the occupants or of the public.
(3)
One which because of its general condition or location is unsanitary,
or otherwise dangerous to the health or safety of the occupants or
of the public.
(4)
One which is occupied by more persons than permitted under this Code
or applicable law.
(5)
One in which the equipment is unsafe, including any boiler, heating
equipment, cooking equipment, elevator, moving stairway, electrical
wiring, or device, flammable liquid containers or other equipment
on the premises or within the structure which is in such disrepair
or condition that it is found by the Code official to be a hazard
to the life, health, property, or safety of the tenants of the premises
of structure.
(6)
One which is not in compliance with Title 6, Subtitle 8 of the Environmental
Article, Annotated Code of Maryland, as amended.
B.
Posting of placard. Any rental premises or portion thereof declared
as unfit for human habitation hereunder shall be posted at each entrance
with a placard by the Housing Officer. It shall be unlawful for any
person to enter such rental dwelling, premises or portion thereof
after the date set forth in the placard to vacate except for the reason
of making the required repairs or of demolishing said premises. The
placard shall include the following:
(1)
Name of Town;
(2)
The chapter and Section of the Code under which it is issued;
(3)
An order that the dwelling or multifamily dwelling shall be vacated
by a stated date, and must remain vacant until the order to vacate
is withdrawn;
(4)
The date that the placard is posted;
(5)
A statement of the penalty for defacing removal of the placard;
(6)
A statement saying "This building is unfit for human habitation and
its use or occupancy has been prohibited by the Town of University
Park" and the placard shall bear the signature of the Mayor.
C.
Removal of placard or notice. No person shall deface or remove the
placard from any rental dwelling, premises or portion thereof which
has been declared or placarded as unfit for human habitation except
by authority in writing from the Housing Officer.
D.
Vacating of declared buildings. Any rental dwelling, premises or
portion thereof declared as unfit for human habitation and so designated
and placarded shall be vacated within a reasonable time as ordered
by the Housing Officer, and it shall be unlawful for any owner or
operator to let any person inhabit said rental dwelling, premises
or portion thereof which has been declared and placarded by the Housing
Officer after the date set forth in the placard. The Housing Officer
shall remove such placard whenever the defect or defects upon which
the declaration and placarding action were based have been eliminated.
E.
Notice to owner. Whenever the Housing Officer has condemned a rental dwelling, premises or any portions thereof, as unfit for human habitation, or has placed equipment out of service under § 13-206, he/she shall give prior written notice to the owner. Such notice to the owner shall:
G.
Service on occupant. When a condemnation order is served on an occupant
other than the owner or person responsible for such compliance, a
reasonable time to vacate the property after noncompliance shall be
stated. Owners or persons responsible for compliance must vacate at
the time set for correction of defects if there is failure of compliance.
H.
Sealing of unfit structure. It shall be the responsibility of the
owner of the property to remove all unsanitary or flammable material
and to board up all windows and doors after a dwelling has been properly
determined to be unfit for human habitation, if such board up is determined
by the Housing Officer to be necessary for reasons of heath or safety.
In the event that the owner of the property fails to properly seal
the structure against unlawful entry, the Town of University Park
shall take action to remove unsanitary or flammable waste material
and to board up all windows and doors so as to prevent entrance. The
cost of said action shall be lien on the property and collectible
in the same manner as delinquent taxes.
I.
Further action. If, after proper notice hereunder, the owner fails
to correct defects which have caused the rental dwelling, premises,
or portion thereof to be unfit for human habitation, the Mayor and
Council may request additional action from the appropriate state and
or county authority.
J.
Coordination of enforcement.
(1)
Whenever, in the opinion of the Housing Officer initiating an inspection
under this Code, it is deemed necessary or desirable to have inspections
by any other governmental official or agency, the Housing Officer
shall make a reasonable effort to arrange for the coordination of
the inspections so as to minimize the number of visits by inspectors.
(2)
The Housing Officer shall confer with the other governmental official
or agency for the purpose of eliminating conflicting orders before
any are issued.
(3)
The Housing Officer may not, however, cause the delay of the issuance
of any emergency orders by a governmental official or agency which
the governmental official or agency determines must be issued.
[Effective 7-8-1988,
revised effective 11-10-1997]
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling,
premises or portions thereof, which does not comply with the following
requirements.
A.
Emergency action. Whenever in the judgment of the Housing Officer
an emergency exists which requires immediate action to protect the
public health, safety or welfare, an order may be issued, directing
the owner, occupant, operator or agent to take such action as is appropriate
to correct or abate the emergency.
B.
Vacating rental dwellings and premises. When in the opinion of the
Housing Officer, there is a clear and present danger to the health
or safety of the occupants, the Housing Officer is authorized and
empowered to order and require the occupants to vacate the same forthwith.
He/she shall cause to be posted at each entrance to such building
a notice reading as follows: "This Building is unsafe and its use
or occupancy has been prohibited by the Mayor", and it shall be unlawful
for any person to enter such building structure except for the purpose
of making the required repairs or of demolishing the same.
C.
Temporary safeguards. When, in the opinion of the Housing Officer,
there exists grossly unsanitary conditions or an immediate danger
of collapse or failure of a rental dwelling, premises or any part
thereof which would endanger life, he/she shall cause the necessary
work to be done to render such building or structure or part thereof
temporarily safe, whether or not the legal procedure herein described
has been initiated.
D.
Closing streets. When necessary for the public safety, the Mayor
may temporarily close sidewalks, streets, buildings, and prohibit
the same from being used.
E.
Emergency repairs. For the purpose of this section, the Mayor shall
employ the necessary labor and materials to perform the required work
as expeditiously as possible.
F.
Cost of emergency repairs. In addition to any other remedy, costs
incurred in the performance of emergency work shall be lien on the
property and collected in the same manner as delinquent taxes.
It shall be unlawful for the owner of any rental dwelling, dwelling
unit or rooming unit, structure or premises who has received a compliance
order or upon whom a notice of violation under this Code has been
served to sell, transfer, mortgage, lease to another or otherwise
dispose of, said dwelling or rooming units, structure or premises
to 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 Housing
Officer and shall furnish to the Housing Officer 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 timely
corrections or repairs required by such compliance order or notice
of violation.
[Revised 7-11-2004]
A violation of § 13-211C shall constitute a public nuisance, and shall be subject to the procedures and remedies set out in § 7-106 of this Code. The following provisions apply to this article:
A.
Notice. Whenever the Housing Officer determines that there has been
or is a violation of the provisions of this Code, he/she shall give
notice to the owner. Such notice shall:
B.
Service of notice. That a dwelling, premises, or equipment is in
violation shall be as follows:
(1)
By delivery to the owner personally or to his agent; or
(2)
By certified or registered mail addressed to the owner at the address
provided to the Town by the owner as required by this chapter with
postage prepaid thereon with return receipt requested, or if said
letter is returned with receipt showing non-delivery, then
(3)
By posting a copy of the notice in placard form in a conspicuous
place on the premises affected by such notice.
C.
Penalty for violations. Failure to comply with a notice of violation of the provisions of § 13-201 et seq. of this article within the time period provided shall constitute a municipal infraction. Every person, firm or corporation who shall be issued such a municipal infraction shall be subject to a fine of not more than $500. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense. The Housing Officer is authorized to issue municipal infraction citations for violations of this article.
[Effective 7-8-1988,
amended 11-10-1997]
[Revised 7-11-2004]
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this article, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Town Council or its designated
committee.
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements:
A.
All exterior property areas shall be maintained in a clean, safe
and sanitary condition free from any accumulation of rubbish, waste
or garbage, or other offensive or dirty material.
B.
All premises shall be graded and maintained so as to prevent the
accumulation of stagnant water thereon, or within any building or
structure located thereon.
C.
All exterior property areas shall be properly maintained and no weeds,
briars, brush and grass more than one-foot tall (other than garden
and yard planting properly maintained by the owner or occupant) shall
be allowed to accumulate or grow on any private property adjoining
any of the streets, alleys or lanes and within 200 feet thereof in
the Town of University Park.
D.
The storage of wood and other materials not proscribed by this article
shall be accomplished in a manner designed to avoid rodents, termites
and other insect infestation. Wood shall be stored at least 18 inches
above the ground.
E.
All exterior property areas shall be kept free from infestation by
rodents, vermin, insects and other pests where rodents, vermin, insects
and other pests are found, the shall be promptly exterminated by the
owner by acceptable processes which will not be injurious to the health
of humans or other animals. After extermination, proper precautions
shall be taken by the owner and occupant to prevent reinfestation.
F.
Exterior property areas shall not be utilized for any period of time
for the open storage of building rubbish or refuse, construction materials
or equipment, bathroom or kitchen fixtures, glass, furniture, appliances,
automotive parts, or similar items or materials, irrespective of age
or condition.
G.
Exterior steps and walkways shall be maintained free of unsafe obstructions
or hazardous conditions.
H.
Every occupant of a structure or part thereof shall store and dispose
of all rubbish in a clean and sanitary manner by placing it in appropriate
rubbish containers.
I.
Every occupant of a structure or part thereof shall store and dispose
of garbage or other organic waste in a clean and sanitary manner by
placing it in appropriate garbage disposal facilities or garbage storage
containers.
J.
It shall be the responsibility of any property owner, renter, lessee,
or other occupant, who shall possess animals on the same premises
to keep said animals in a reasonably sanitary condition.
K.
Continuing or repeated incidents of rodent infestation as determined
by the housing Code officer shall require the installation of rodent-
and vermin-proof walls. The rodent- and vermin-proof walls shall be
installed in accordance with the building Code.
L.
All trees and shrubbery located on exterior property areas shall
be maintained in such a way so as not to pose a danger to adjoining
property.
[Effective 7-8-1988]
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements.
A.
The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the health, safety
or welfare of the occupants and so as to protect the occupants form
the adverse effects of the environment.
B.
All supporting structural members of all structures shall be kept
structurally sound, free of deterioration and maintained capable of
safely bearing the dead and live loads imposed upon them.
C.
Every foundation, exterior wall, roof, and all other exterior surfaces
shall be maintained in a workmanlike state of maintenance and repair
and shall be kept in such condition as to exclude rodents.
D.
All foundation walls shall be maintained so as to carry the safe
design and operating dead and live loads and shall be maintained free
from open cracks and breaks, so as not to be detrimental to public
safety and welfare.
E.
Every exterior wall shall be free of holes, breaks, loose or rotting
boards or timbers, and any other conditions which might admit rain
or dampness to the interior portions of the walls or to the occupied
spaces of the building. All exterior surface materials, including
wood, composition, or metal siding, shall be maintained weatherproof
and shall be properly surface coated when required to prevent deterioration.
F.
The roof shall be structurally sound, tight, and not have defects
which might admit rain. Roof drainage shall be adequate to prevent
rain water from causing dampness or deterioration in the walls or
interior portion of the building. Roof water shall not be discharged
in a manner that creates a nuisance to owners or occupants of adjacent
premises, or that creates a public nuisance.
G.
All cornices, entablature, belt courses, corbels, terra cotta trim,
wall facings, and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
H.
All canopies, marquees, signs, metal awnings, stairways, fire escapes,
standpipe, exhaust ducts and similar overhang extensions shall be
maintained in good repair and be properly anchored so as to be kept
in a safe and sound condition. They shall be protected from the elements
and against decay and rust by the periodic application of a weather-coating
material such as paint or other protective treatment.
I.
All chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe, 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.
J.
Every stair, porch, fire escape, balcony, and all appurtenances attached
thereto shall be so constructed as to be safe to use and capable of
supporting the anticipated loads and shall be maintained in sound
condition and good repair. Every stair, porch and fire escape shall
be maintained free of hazardous conditions such as snow, ice, mud
and other debris. Every flight of stairs which is more than four risers
high shall have a handrail on at least one side of the stair, and
every open portion of a stair, fire escape, porch, landing or balcony
which is more than 30 inches above the grade below shall have guard
rails. Every handrail and guard rail shall be firmly fastened and
capable of bearing normally imposed loads and shall be maintained
in good condition.
K.
Every window, door and frame shall be constructed and maintained
in such relation to the adjacent wall construction so as to exclude
rain and rodents as completely as possible, and to substantially exclude
wind from entering the dwelling or structure.
L.
Every window and exterior door shall be fitted reasonably in its
frame and be weather tight. Weather-stripping shall be used to exclude
wind or rain from entering the dwelling or structure and shall be
kept in sound condition and good repair.
M.
Every required window sash shall be fully supplied with approved
glazing materials which are without open cracks and holes.
N.
Every window, other than a fixed window, shall be capable of being
easily opened and shall be held in position by window hardware.
O.
During the period from April 1 to December 1, every door and window
or other outside opening used for ventilation purposes shall be supplied
with approved tight fitting screens of not less than 16 mesh per inch
material, in good working condition. Every hinged screen door shall
have a self-closing device in good working order. Screen doors shall
not be required for out swinging doors or other types of openings
which make screening impractical, provided other approved means are
employed, and for units above the 4th floor.
P.
Every exterior door and its hardware shall be maintained in good
condition. Door locks to provide security against unauthorized entry
shall be required on all doors entering dwelling units and shall be
in good repair and capable of tightly securing the door. All locks
must be easily opened and closed without the use of a key from the
interior.
[Effective 7-8-1988]
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements.
A.
The interior of a structure and its equipment shall be maintained
in good repair, structurally sound and in a sanitary condition so
as not to pose a threat to the health, safety or welfare of the occupants
or visitors, and to protect the occupants from the environment.
B.
The supporting structural members of every building shall be maintained
structurally sound, not showing any evidence of deterioration which
would render them incapable of carrying the imposed loads.
C.
Floors, walls (including windows and doors), ceilings, and other
interior surfaces shall be maintained in good, clean, sanitary and
structurally sound condition, free of holes, cracks, loose plaster
or wall paper, and flaking or scaling paint, and shall be substantially
insect and rodent proof. Paint applied to the interior surfaces shall
be lead free.
D.
Every toilet, bathroom and kitchen floor surface shall be constructed
and maintained so as to be substantially impervious to water and so
as to permit such floor to be easily kept in a clean and sanitary
condition.
E.
In every building, basements and crawl spaces shall be maintained
reasonably free from dampness to prevent conditions conducive to decay
or deterioration of the structure.
F.
The interior of every structure shall be maintained in a clean and
sanitary condition free from any accumulation of rubbish, refuse or
garbage. Rubbish, garbage, and other refuse shall be properly kept
inside temporary storage facilities as required by this chapter.
G.
Garbage or refuse shall not be allowed to accumulate or be stored
in public halls or stairways.
H.
Insect and rodent harborage. All structures shall be kept free from
insect and rodent infestation, and where insects or rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to prevent re-infestation.
I.
Every door available as an exit shall be capable of being opened
easily from the inside without the use of a key.
J.
All interior stairs and railings and other exit facilities of every
structure shall be maintained in sound condition and good repair.
Every inside stair shall be so constructed and maintained as to be
safe to use and capable of supporting the anticipated loads.
K.
Every flight of stairs which is more than four risers high shall
have a handrail on at least one side of the stair, and every open
portion of a stair, landing or balcony which is more than 30 inches
above the floor or grade below shall have guard rails. Every handrail
and guard rail shall be firmly fastened and capable of bearing normally
imposed loads and shall be maintained in good condition.
[Effective, 7-8-1988]
Only the property owner shall be responsible for compliance
with the provisions of the Code except as provided herein.
A.
Every occupant of a structure or part thereof shall keep that part
of the structure or premises thereof, which that occupant occupies,
controls, or uses in a clean and sanitary condition. Every owner of
a dwelling containing two or more dwelling or rooming units shall
maintain, in a clean and sanitary condition, the shared or public
areas of the dwelling and premises thereof.
B.
The occupant of a structure or part thereof shall keep the owner-supplied
equipment and fixtures therein clean and sanitary, and shall be responsible
for the exercise of reasonable care in their proper use and operation.
The owner shall maintain the equipment and fixtures in good and proper
operating condition.
C.
The equipment and fixtures furnished by the occupant of a structure
shall be properly installed, and shall be maintained in good working
conditions, kept clean and sanitary, and free of defects, leaks or
obstructions.
D.
The owner of any premises shall be responsible for extermination
within the structure prior to renting, leasing or selling the structure.
E.
The tenant-occupant of any premises shall be responsible for the
continued rodent-proof condition of the structure, and if the tenant-occupant
fails to maintain the rodent-proof condition, the cost of extermination
shall be the responsibility of the tenant-occupant.
F.
The occupant of any premises containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests in the structure or on the premises.
G.
Every owner, agent or operator of two or more dwelling units or rooming
units shall be responsible for the extermination of any insects, rodents
or other pests in the public or shared areas of the structure and
premises. When infestation is caused by failure of an occupant of
a unit of the two or more dwelling units or rooming units to prevent
such infestation in the area occupied, the occupant shall be responsible
for such extermination.
H.
For any dwelling containing two or more dwelling and/or rooming units,
it shall be the responsibility of the owner to supply adequate rubbish
containers and garbage disposal facilities and storage containers.
In all other cases, it shall be the responsibility of the occupant
to furnish such facilities or containers.
I.
Every owner of a dwelling or dwelling unit shall be responsible for
hanging all screens and double or storm doors and windows whenever
the same are required under the provisions of this ordinance or of
any rule or regulation adopted pursuant thereto, except where the
tenant has agreed to supply such services.
J.
The tenant shall be responsible for the maintenance of equipment
and fixtures furnished by the tenant. The equipment and fixtures shall
be properly installed and shall be maintained in good working conditions,
kept clean and sanitary, and free of defects, leaks or obstructions.
[Effective, 7-8-1988]
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements.
A.
Every owner of a dwelling or premises containing two or more dwelling
and or rooming units shall provide one off-street parking space for
each such unit which is rented to a non-family member. Any such parking
space shall be subject to approval of the Council.
B.
Any vehicle with four or more wheels or a self-propelled vehicle
with three or more wheels entering any off-street parking space must
do so via a dropped curb and a driveway entrance. Any vehicle otherwise
traversing city property between the street and abutting private property
to gain access to an off-street parking area may be cited for said
violation and subject to the same penalties as prescribed for an infraction.
C.
Grassy or yard areas shall not be used for the parking of motor vehicles.
D.
Failure to comply with the provisions of § 13-215 shall constitute an infraction. A violation of this section by any person, firm, corporation or other entity shall be punishable by a fine of $200 per offense. Each day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense. This Sub-Section supersedes and replaces § 13-209 as to this section only.
E.
Whenever it has been determined that there has been or is a violation
of the provisions of this section, notice shall be given to any persons
to be charged with the violation, which may include the owner of the
property and/or the owner of an improperly parked vehicle. Notice
shall be in writing, include a description of the real property sufficient
for identification, include a statement of the reason or reasons why
it is being issued, and state the time in which conditions must be
corrected. Service of this notice shall be as follows:
(1)
By delivery to the owner personally or by leaving the notice at the
usual place of abode of the owner with a person suitable age and discretion
who shall be informed of the content thereof; or
(2)
By certified or registered mail addressed to the owner of the real
property at the address provided to the Town by the owner as required
by this chapter, and by certified or registered mail addressed to
the owner of an improperly parked vehicle at the address provided
to the Maryland Division of Motor Vehicles; or
(3)
As to an improperly parked vehicle, by leaving a copy of the notice
on the front windshield of said vehicle.
[Revised 5-22-1988, 2-12-1991, Effective 3-8-1991]
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements.
A.
Plumbing facilities. The owner of the structure shall provide and
maintain such plumbing facilities and fixtures in compliance with
this section.
(1)
Every dwelling and/or rooming unit shall include its own plumbing
facilities which are in proper operating condition, can be used in
privacy, and are adequate for personal cleanliness and the disposal
of human waste.
(2)
Every dwelling unit shall contain within its walls, and every room
unit shall have direct access to a room separate from habitable spaces,
which affords privacy and a water closet supplied with cold running
water. A lavatory shall be placed in the same room as the water closet
or located in another room, in close proximity to the door leading
directly into the room in which said water closet is located. The
lavatory shall be supplied with hot and cold running water.
(3)
Every dwelling unit shall contain and every room unit shall be supplied
with a room which affords privacy to a person in said room and which
is equipped with a bathtub or shower supplied with hot and cold running
water.
(4)
Every dwelling unit shall contain and every rooming unit shall have direct access to a kitchen sink apart from the lavatory required under Subsection A(2), and such sink shall be supplied with hot and cold running water.
(5)
Alternative plumbing facilities and fixtures for use in dwelling
or rooming units of rental housing may be allowed as approved on a
case-by-case basis by the Town Council.
(6)
Toilet rooms and bathrooms shall be designed and arranged to provide
privacy.
(7)
Toilet rooms and bathrooms shall not be used as a passageway to a
hall or other space. A toilet room or bathroom in a dwelling unit
shall be accessible room any sleeping room without passing through
another sleeping room.
B.
Plumbing fixtures.
(1)
All plumbing fixtures shall be maintained in a safe and usable condition.
All plumbing fixtures shall be of approved nonabsorbent material.
(2)
Water supply lines, plumbing fixtures, vents and drains shall be
properly installed, connected and maintained in working order and
shall be kept free from obstructions, leaks and defects and capable
of performing the function for which they are designed. All repairs
and installations shall be made in accordance with the provisions
of the applicable law.
(3)
All plumbing facilities shall be maintained in a clean and sanitary
condition by the occupant so as not to breed insects and rodents or
produce dangerous or offensive gases or odors.
(4)
Plumbing fixtures shall be installed to permit easy access for cleaning
both the fixture and the area about it.
C.
Water system.
(1)
Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other facility shall be properly connected to either a public
water system or to an approved private water system. All sinks, lavatories,
bathtubs and showers shall be supplied with hot and cold running water.
(2)
The water supply shall be maintained free from contamination and
all water inlets for plumbing fixtures hall be located above the overflow
rim of the fixture. Shampoo basin faucets, janitor sink faucets, and
other hose bibs or faucets to an approved atmospheric type vacuum
breaker or an approved permanently attached hose connection vacuum
breaker.
(3)
The water supply system shall be installed and maintained to provide
at all times a supply of water to plumbing fixtures, devices, and
appurtenances in sufficient volume and at pressures adequate to enable
them to function satisfactorily.
(4)
Where hot water is provided, water heating facilities shall be installed
in an approved manner, properly maintained, and properly connected
with hot water lines to the fixtures required to be supplied with
the hot water. Water heating facilities shall be capable of heating
water to such a temperature as to permit an adequate amount of water
to be drawn at every required kitchen sink, lavatory basin, bathtub,
shower, and laundry facility or other similar units, at a temperature
of not less than 110° F.
(5)
Alternative systems may be allowed as approved on a case-by-case
basis by the Town Council.
D.
Sewage system.
(1)
Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other facility shall be properly connected to either a public
sewer system or to an approved private sewage disposal system.
(2)
Every plumbing stack, waste and sewer line shall be so installed
and maintained as to function properly and shall be kept free from
obstructions, leaks and defects to prevent structural deterioration
or health hazards. All repairs and installations shall be made in
accordance with the provisions of the applicable local building Code
or local plumbing Code.
[Revised and Effective 5-22-1988]
[Amended 7-10-2017 by Ord. No. 17-O-04]
No person shall rent or lease to another for occupancy any non-owner-occupied
premises, or any premises which is occupied by the owner and rented
to more than one other person, including any dwelling and rooming
units or portions thereof, which does not comply with the following
requirements. Except as otherwise provided, the owner of the premises
shall provide and maintain such fire safety facilities and equipment
in compliance with these requirements and Division 4 of Subtitle 11
of the Fire Safety Law of Prince George's County, Maryland, 2012 edition,
as amended from time to time, with the exception of Section 11-293,
which is incorporated herein and adopted by reference. This section
also incorporates by reference Chapter 24 of the NFPA 101 Life Safety
Code, 2015 edition, and is applicable to one- and two-family dwellings
as defined therein. References in the Fire Prevention Code of Prince
George's County to the Fire Chief or authorized representative shall
be construed to include the Town's Housing Officer. Inspections shall
be performed by the Town's Housing Officer, and violations shall be
enforced in accordance with the provisions of this article. Nothing
herein shall be construed as preventing county personnel from performing
inspections and enforcing the county's fire safety laws.
A.
Means of egress.
(1)
A safe, continuous and unobstructed means of egress shall be provided
for each dwelling unit and rooming unit from the interior of the premises
to the exterior at a street, or to a yard, court, or passageway leading
to a public open area at grade.
(2)
Every dwelling unit and/or rooming unit shall have access directly
to the outside or to an exit access corridor that leads directly to
the outside.
(3)
All doors in the required means of egress shall be readily openable
from the inner side. Exits from dwelling units shall not lead through
other such units, or through toilet rooms or bathrooms.
(4)
All required and all existing fire escapes shall be maintained in
working condition and structurally sound.
(5)
Any exit signs shall be maintained illuminated and visible.
(6)
Every sleeping room shall have at least one openable window or exterior
door approved for secondary emergency egress or rescue. A single means
of egress may be approved by the Town in cases of fireproof construction
and other approved circumstances.
[Amended 9-18-2017 by Ord. No. 17-O-06]
B.
Accumulations and storage.
(1)
Waste, refuse, or other materials shall not be allowed to accumulate
in stairways, or passageways, doors, windows, fire escapes, or other
means of egress.
(2)
Highly flammable or explosive matter, such as paints, volatile oils
and cleaning fluids, or combustible refuse, such as wastepaper, boxes
and bags, shall not be accumulated or stored on residential premises
except in reasonable quantities consistent with normal usage.
(3)
A dwelling unit and/or rooming unit shall not be located within a
structure containing an establishment handling, dispensing or storing
flammable liquids with a flash point of 100° F. or lower, except
as provided for in the applicable law.
C.
Fire resistance ratings.
(1)
Floors, walls, ceilings, and other elements and components required
to develop a fire resistance rating (BOCA Code) shall be maintained
so that the respective fire resistance rating of the enclosure, separation,
or construction is preserved.
D.
Fire protection systems.
(1)
All fire protection systems and equipment shall be maintained in
proper operating condition at all times.
(2)
Fire alarms and detecting systems shall be installed and maintained
and be suitable for their respective purposes in all rental premises.
(3)
All rental residences shall be provided with a minimum of one approved
single station smoke detector for each floor of the premises. If there
is a sleeping area located on any such floor, the detector shall be
placed therein. The detectors shall be installed in accordance with
the manufacturer's requirements. When actuated, the smoke detector
shall provide an alarm suitable to warn the occupants within each
dwelling and/or rooming unit.
(4)
It is the occupant's responsibility to maintain smoke detectors in
good working order, such as replacing batteries.
(5)
Fire suppression systems in units so equipped shall be maintained
in good condition, free from mechanical injury. Sprinkler heads shall
be maintained clean, free of corrosion and paint, and not bent or
damaged.
(6)
Hose stations in units so equipped shall be identified and accessible.
The hose shall be in proper position, ready for operation, dry, and
free of deterioration.
(7)
All portable fire extinguisher's in units so equipped shall be visible
and accessible, and maintained in an efficient and safe operating
condition.
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements. The owner of the structure shall provide and
maintain such light and ventilation conditions in compliance with
these requirements.
A.
Light.
(1)
All spaces or rooms shall be provided sufficient light so as not
to endanger health and safety. Every habitable space shall have at
least one window facing directly to the outdoors or to a court except
in a kitchen when artificial light may be provided in accordance with
applicable law. A window shall be deemed not to face directly outdoors
or onto a court whenever it is obstructed by a structure that extends
to the ceiling level and is less that three feet from the window.
The minimum total window area measured between stops, shall be 10%
of the floor area of such room.
(2)
Every common hall and stairway in every building, other than one
and two-family dwellings, shall be adequately lighted at all times
with an illumination of at least a 60 watt standard incandescent light
bulb or equivalent for each 200 square feet of floor area, provided
that the spacing between sights shall not be greater than 30 feet.
Every exterior stairway shall be illuminated with a minimum of one-footcandle
at floors, landings and treads.
(3)
All other spaces shall be provided with natural or artificial light
of sufficient intensity and so distributed as to permit the maintenance
of sanitary conditions, and the safe use of the space and the appliances,
equipment and fixtures.
B.
Ventilation.
(1)
All spaces or rooms shall be provided sufficient natural or mechanical
ventilation so as not to endanger health and safety. Where mechanical
ventilation is provided in lieu of the natural ventilation, such mechanical
ventilating system shall be maintained in operation during the occupancy
of any structure or portion thereof. When part of the air provided
by a mechanical ventilation systems is reticulated, the portion or
volume of air reticulated shall not be reticulated to a different
residential space or occupancy of dissimilar use from which it is
withdrawn. All habitable spaces shall have at least one easily openable
window.
(2)
Every bathroom and water closet compartment shall comply with the
light and ventilation requirements for habitable spaces, except that
a window shall not be required in bathrooms or water closet compartments
equipped with and approved mechanical ventilation system. Air exhausted
by a mechanical ventilation system from a bathroom or water closet
compartment must be exhausted to the exterior and may not be reticulated
to any space, including the space from which it is withdrawn.
C.
Alternative devices. In place of the means for natural light and
ventilation herein prescribe, alternative arrangement of windows,
louvers, or other methods and devices that will provide the equivalent
minimum performance requirements shall be permitted with complying
with the applicable law.
No person shall rent or lease to another for occupancy any non-owner
occupied premises, or any premises which is occupied by the owner
and rented to more than one other person, including any dwelling and
rooming units or portions thereof, which does not comply with the
following requirements. The owner of each premises shall provide and
maintain such mechanical and electrical facilities and equipment in
compliance with these requirements.
A.
Heating and refrigeration facilities.
(1)
Every owner of any structure who rents, leases, or lets one or more
dwelling units or rooming units on terms, either express or implied,
to furnish heat to the occupants thereof shall supply sufficient heat
during the period from October 1 to May 15 to maintain a room temperature
of not less than 65° F. in all habitable spaces, bathrooms, and
toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of
each day and maintain a temperature of not less than 60° F. during
other hours. When, however, the exterior temperature falls below 0°
F. and the heating system is operating at its full capacity, a minimum
room temperature of 60° F. shall be maintained at all times. The
temperature shall be measured at a point three feet above the floor
and three feet from exterior walls.
(2)
Every residential premises shall contain at least one cooking and
baking facility for the purpose of preparing food and at least one
refrigeration unit adequate for the temporary preservation of perishable
foods. Such refrigeration unit shall be capable of maintaining an
average temperature of below 45° F. Hot plates, toaster ovens,
microwave ovens and other portable heating devices do not constitute
a cooking and baking facility for purposes of this section.
(3)
All cooking and heating equipment, components, and accessories in
every heating, cooking, and water heating device shall be maintained
free from leaks and obstructions, and kept functioning properly so
as to be free from fire, health and accident hazards. All installations
and repairs shall be made in accordance with the provisions of the
local applicable building Code, or other laws or ordinances applicable
thereto. Portable cooking equipment employing flame is prohibited,
except for approved residential type food trays or salvers which are
heated by a candle or alcohol lamp.
(4)
All mechanical equipment shall be properly installed and safely maintained
in good working condition, and be capable of performing the function
for which it was designed and intended.
(5)
All fuel-burning equipment shall be connected to an approved chimney,
flue or vent per manufacturer's instructions.
(6)
All required clearances to combustible materials shall be maintained.
(7)
All safety controls for fuel-burning equipment shall be maintained
in effective operation.
(8)
A supply of air for complete combustion of the fuel and for ventilation
of the space shall be provided the fuel-burning equipment.
(9)
Devices purporting to reduce gas consumption by attachment to a gas
appliance, to the gas supply line thereto, or the vent outlet or vent
piping therefrom shall not be used unless labeled for such use and
the installation is specifically approved.
(10)
Fireplaces, and other construction and devices intended for
use similar to a fireplace, shall be stable and structurally safe
and connected to approved chimneys.
(11)
When facilities for interior climate control (heating, cooling,
and/or humidity) are integral functions of structures used as dwelling
units or rooming units such facilities shall be maintained and operated
in a continuous manner in accordance with the designed capacity.
B.
Electrical facilities.
(1)
Provided that there is electric service available, every premises
or part thereof used for human occupancy shall be adequately and safely
provided with an electrical system in compliance with the requirements
of this section. The provisions of this section shall be considered
absolute minimum requirements. The size of unit and the usage of appliances
and equipment shall be used as a basis for determining the need for
additional facilities in accordance with the electrical Code adopted
by the local jurisdiction.
(2)
Every habitable space in a dwelling unit shall contain at least two
separate and remote receptacle outlets, one of which may be a ceiling
or wall type electric light fixture. Every laundry area and bathroom
shall contain at least one grounded type receptacle. Every bathroom
shall contain at least two receptacles and every kitchen shall have
three separate and remote outlets, one of which may be a ceiling or
wall type electric light fixture.
(3)
Every public hall, interior stairway, water closet compartment, bathroom,
laundry room and furnace room shall contain at least one electric
lighting fixture.
(4)
When the electrical system requires modification to correct inadequate
service, the service shall be corrected to a minimum of 100 ampere,
three wire service.
(5)
All electrical equipment, wiring and appliances shall be installed
and maintained in a safe manner and in accordance with all applicable
laws. All electrical equipment shall be of an approved type.
(6)
Where it is found, in the opinion of the Code official, that the
electrical system in a structure constitutes a hazard to the occupants
or the structure by reason of inadequate service, improper fusing,
insufficient outlets, improper wiring or installation, deterioration
or damage, or for similar reasons, the Code official shall require
the defects to be corrected to eliminate the hazard.
[Revised and Effective 5-22-1988]
A.
It shall be the duty and responsibility of the Town to enforce the
provisions of this Code as herein provided.
B.
The Mayor and Council may waive applicability of the document to
a unit of rental property on application of the property owner if:
C.
The Mayor and Council may waive applicability of the Code if the
waiver is granted on the basis of the religious practices of the occupant
of the unit of rental housing.
D.
Any Code official, officer or employee who acts in good faith and
without malice in the discharge of duties of enforcement of this Code
is relieved of all personal liability for any damage that may occur
to persons or property as a result of such acts or alleged failure
to act. Further, the Code official shall not be held liable for any
costs in any action, suit or proceeding that may be instituted by
the Code official in the enforcement of this Code. In any of these
actions, the official or employee shall be defended or represented
by the jurisdiction's attorney at law until the final termination
of the proceedings.
E.
A person may not be displaced by enforcement of this Code unless
alternate housing is provided.
Alterations or repairs, other than increasing the height or
area of a structure, may be made to any structure without requiring
the existing structure to comply with all the requirements of a Code
for new construction provided such work conforms to that required
by this Code. Alterations or repairs shall not cause an existing structure
to become unsafe or adversely affect the performance of the building.
Alterations or repairs to an existing structure which are nonstructural,
and do not adversely affect any structural member or any part of the
structure having a required fire resistance rating, may be made with
the same materials of which the structure is constructed.
A.
The department of economic and community development shall decide
questions of interpretation of this Code, including questions relating
to uniform, enforcement by political subdivisions and may authorize
any waiver or exemption requested by a local political subdivision.
B.
Upon written request of a local political subdivision, the department
may waive or vary particular provisions of this Code to the extent
that the waiver is not inconsistent with Article 41 Section 257(C),
Annotated Code of Maryland if:
Not withstanding any other provision of this article, no person
shall rent or lease any premises or dwelling unit to more than five
unrelated persons, including any owner-occupier, and no such rented
premises shall be occupied by more than five unrelated persons, including
any owner-occupier.
A.
If any section, subsection, paragraph, sentence, clause or phrase
of this code shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this code
which shall continue in full force and effect, and to this end the
provisions of this code are hereby declared to be severable.
B.
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 those ordinances,
codes or regulations in effect at the time the violations was committed.
The Council shall pass such rules and regulations as are consistent
with the purpose intent and enforcement of this article.
