[HISTORY: Adopted by the Board of County Commissioners of Allegany County 6-3-1992 (Ch. 147 of the 1984 Code). Amendments noted where applicable.]
Editor's Note: This ordinance superseded former Ch. 147, Livability Code, adopted 12-30-1988.
Purpose. An ordinance to establish and adopt the Maryland State Minimum Livability Code as the official Livability Code for Allegany County, and to establish procedures for the enforcement of the code.
Jurisdiction. This chapter shall apply to the unincorporated part of Allegany County, Maryland.
As used in this chapter, the following terms shall have the meanings indicated:
- The Maryland State Minimum Livability Code.
- An employee of Allegany County whose duties include inspection and enforcement measures to carry out the terms of this chapter at the direction of the local enforcement official.
- LOCAL ENFORCEMENT OFFICIAL
- An employee designated by the County Commissioners to have the authority and responsibility to implement the terms of this chapter.
Adoption. The Allegany County Commissioners hereby adopt the Maryland State Minimum Livability Code and any subsequent revisions to these sections as the official Livability Code for Allegany County, Maryland.
Interpretation. Any questions of interpretation of the code will be forwarded to the Maryland Department of Housing and Community Development by the person requesting the interpretation.
The code shall apply to residential structures in the unincorporated part of Allegany County except for those structures used as owner-occupied single-family housing units.
Violation. Any alleged violation(s) of the code in the unincorporated part of Allegany County shall be reported to the local enforcement official in writing by the occupant of the residential unit for investigation. The County Health Department, with the occupant's concurrence, may also report alleged violations of the code in writing to the enforcement official.
Notice for inspection. Prior to having an inspection made at the premises, the local enforcement official or a County Inspector shall give 30 days' notice to the property owner explaining the alleged violation(s) and allowing the owner to examine and remedy the situation within that time period.
Notice for repairs. At the end of the thirty-day notice, an inspection of the property shall be made by a team of inspectors representing the County and the Health Department. The County Sheriff shall assist with the inspection upon request by the team. Upon completion of an inspection of the property and the finding of violations of the state code, the local enforcement official or his designee has the authority to serve a notice to the property owner for necessary repairs in compliance with the state code.
Noncompliance. Any notice or order which is not complied with during a sixty-day period after inspection shall be referred to the States Attorney for Allegany County for prosecution by the local enforcement official as a misdemeanor unless satisfactory progress is being made to comply with the notice as determined by the inspection team.
Any violation of this chapter shall be deemed a misdemeanor, and the person, corporation or other entity found guilty of such a violation shall be subject to the penalty set forth in the state code. Each day the violation continues may be deemed a separate offense.
Alternatively, the County may pursue civil fines or penalties to ensure compliance with this chapter and may also institute injunction, mandamus or other appropriate action or proceedings at law or equity for the enforcement of violations or to correct violations, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.