Town of Leonardtown, MD
St. Marys County
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[HISTORY: Adopted by the Mayor and Council of the Town of Leonardtown 4-11-2018 by Ord. No. 183[1].Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 82.
Storage of refrigerators — See Ch. 116.
Streets and sidewalks — See Ch. 128.
Editor's Note: This ordinance also repealed former Ch. 92, Livability Standards, adopted 9-10-1990 by Ord. No. 63.
The Maryland Minimum Livability Code ("MMLC"), as set forth in COMAR et seq., and the current version of the International Property Maintenance Code ("IPMC"), as amended and updated from time to time by the International Code Council, is 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:
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."
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."
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."
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."
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."
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."
Section 106.3 Prosecution of violation. Delete in its entirety and replace with the following:
"Section 106.3 Prosecution and abatement of violations.
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.
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."
Section 106.4 Violation penalties. Delete in its entirety.
Section 106.5 Abatement of violation. Delete in its entirety.
Section 107.2 Form. Delete "5. Inform the property owner of the right to appeal."
Section 111 Means of appeal. Delete in its entirety, along with Sections 111.1 through 111.8.
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.
Section 303 Swimming pools, spas and hot tubs. Amend to include Section 303.3, as follows:
"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."
Section 304.14 Insect screens. Amend to read as follows: "During the period from April 1 to December 1, every door. . ."
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. . ."
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. . ."