[HISTORY: Adopted by the Mayor and Council
of the Town of Leonardtown 4-11-2018 by Ord. No. 183[1].Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 82.
Storage of refrigerators — See Ch. 116.
Streets and sidewalks — See Ch. 128.
[1]
Editor's Note: This ordinance also repealed former Ch. 92,
Livability Standards, adopted 9-10-1990 by Ord. No. 63.
[Amended 8-10-2020 by Ord. No. 195]
The Maryland Minimum Livability Code ("MMLC"), as set forth in COMAR 09.12.54.01, et seq., as amended from time to time, and the current version of the International Property Maintenance Code ("IPMC"), as amended and updated from time to time by the International Code Council, are hereby adopted as the Property Maintenance Code of the Town of Leonardtown for the purpose of regulating and governing all property, buildings, and structures within the corporate limits of the Town, with the additions, insertions, deletions, and changes thereto set forth in § 92-3 of this chapter. In the event of a conflict between the MMLC and the IPMC, as either may be amended from time to time, the MMLC shall be deemed to control.
This chapter shall not discharge, impair, or release any contract,
obligation, duty, liability, or penalty whatsoever existing on the
date of its enactment. All suits and actions, both civil and criminal,
pending or which may hereafter be instituted for causes of action
now existing or offenses already committed against any law or ordinance
affected by the enactment of this chapter shall be instituted, proceeded
with, and prosecuted to final determination and judgment as if this
chapter had not become effective.
The following modifications and amendments have been made to
amend the IPMC to conform to conditions specific to the Town, as well
as to complement existing statutory and administrative processes to
best serve the citizens of the Town:
A.
General. Whenever a local subdivision or [name of jurisdiction] is
referred to in the Property Maintenance Code, it shall be deemed to
mean the "Town of Leonardtown."
B.
Section 101.1 Title. Amend to read: "These regulations shall be known,
and may be cited as, the Property Maintenance Code of the Town of
Leonardtown."
C.
Section 102.3 Application of other codes. Amend to read: "Repairs,
additions, or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of
the International Building Code, International Existing Building Code,
International Energy Conservation Code, International Fire Code, International
Fuel Gas Code, International Mechanical Code, International Residential
Code, International Plumbing Code, and NFPA 70, each to the extent
adopted and modified by the Maryland Department of Housing and Community
Development and the Town of Leonardtown."
D.
Section 103.1 General. Delete in its entirety and replace with the
following: "The official or duly authorized agent or designee of the
Town appointed by the Council to administer and enforce the Property
Maintenance Code shall be known as the Code Official."
E.
Section 103.2 Appointment. Delete in its entirety and replace with
the following: "The Code Official shall be appointed by, and serve
at the pleasure of, the Council. The Town may employ inspectors for
the purpose of enforcing the Town's Property Maintenance Code or may
designate such other person, firm, corporation, municipality, or County
as the Council deems fit to perform such inspections. The Council
may contract with an independent agency or organization for Property
Maintenance Code inspection and enforcement services."
F.
Section 103.5 Fees. Delete in its entirety and replace with the
following: “The Council may, by resolution, establish fees for
activities and services performed by the code official in carrying
out their responsibilities under this code, including, but not limited
to, fees for inspections, certified mailing costs and in-house processing
fees.”
[Amended 8-10-2020 by Ord. No. 195]
G.
Section 106.3 Prosecution of violation. Delete in its entirety and
replace with the following:
(1)
"Section 106.3 Prosecution and abatement of violations.
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106.3.1 Violation. Any person who violates this code shall be
guilty of a municipal infraction and subject to a fine of $500 and
prosecution as set forth in Md. Code Ann., Local Gov't § 6-101,
et seq., as amended from time to time. Each day that a violation continues
may be considered a separate offense and, as such, subject to a separate
fine. A violation of this code shall be deemed a strict liability
offense.
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106.3.2 Abatement. The Council may take any action legally necessary
to abate a violation of this code, including applying to a court of
competent jurisdiction for injunctive or other appropriate relief.
In addition to any other enforcement procedures available under this
code or other law, the Council may abate a violation of this code
by any appropriate means and assess the property owner for all costs
of the abatement and all inspections and legal proceedings relative
to the abatement, including attorney's fees. An assessment under this
Section shall be a lien against the real property that benefited from
the abatement and may be collected in the same manner as delinquent
real property taxes."
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H.
Section 106.4 Violation penalties. Delete in its entirety.
I.
Section 106.5 Abatement of violation. Delete in its entirety.
J.
Section 107.2 Form. Delete "5. Inform the property owner of the right
to appeal."
K.
Section 111 Means of appeal. Delete in its entirety, along with Sections
111.1 through 111.8.
L.
CODE OFFICIAL
PERSON
TENANT
Section 202 General definitions. Delete the definitions of "Code
Official," "Person," and "Tenant," and replace with the following
definitions:
The official or any duly authorized agent or designee of
the Town appointed by the Council and authorized to administer and
enforce the Property Maintenance Code.
An individual, partnership, limited partnership, trust, estate,
association, corporation, or any other group acting as a unit.
An occupant other than a property owner.
M.
Section 303 Swimming pools, spas and hot tubs. Amend to include Section
303.3, as follows:
(1)
"Section 303.3 Setbacks. A private, noncommercial swimming pool must maintain the required setback of five feet from the rear and side property lines. The pool may not be located within the front yard setback. Recorded easements may further restrict the location of a residential swimming pool. An indoor pool attached to a principal structure must comply with the principal structure setbacks. This setback requirement shall supersede any provisions to the contrary in the Building Code for the Town of Leonardtown set forth in Chapter 48, Article II, of the Town Code."
N.
Section 304.14 Insect screens. Amend to read as follows: "During
the period from April 1 to December 1, every door. . ."
O.
Section 602.3 Heat supply. Amend to read as follows: ". . . shall
supply heat during the period from October 1 to May 15 to maintain
a temperature. . ."
P.
Section 602.4 Occupiable work spaces. Amend to read as follows: ".
. .shall be supplied with heat during the period from October 1 to
May 15 to maintain a temperature. . ."
Q.
Section
112.4 Failure to comply. Delete in its entirety and replace with the
following: “Any person who shall continue any work after having
been served with a stop work order, except such work as that person
is directed to perform to remove a violation or unsafe condition,
shall be deemed in violation of this code and subject to the penalties
set forth in Section 106.3 herein.”
[Added 8-10-2020 by Ord. No. 195]
R.
Section
302.4 Weeds. Amend the first sentence to read as follows: “Premises
and exterior property shall be maintained free from weeds or plant
growth in excess of 12 inches.”
[Added 8-10-2020 by Ord. No. 195]
