[HISTORY: Adopted by the Town Council of the Town of Indian Head 5-5-2003 by Ord. No. 4-4-03 (Ch. 105 of the 1991 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
It is declared to be the policy and intent of the Town of Indian Head that all dwellings, dwelling units, and rooming units (whether located in a bed-and-breakfast, rooming house, boardinghouse, hotel, single dwelling or multiple dwelling) let or rented for human habitation shall be licensed and regulated in accordance with this chapter to ensure the protection of the health, welfare, safety and morals of persons residing in those units and rooms. The provisions and requirements of this chapter are supplementary to Chapter 330, and the International National Property Maintenance Code adopted in Chapter 330, of this Code.
For purposes of this chapter, the following terms have the meanings indicated:
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer of the Town of Indian Head or, in the absence of a duly appointed Code Enforcement Officer, the Town Manager or the Town Manager's designee. For purposes of conducting inspections required by this chapter, the Code Enforcement Officer may assign such responsibility to a licensed commercial inspection agency acting under the Code Enforcement Officer's supervision.
DWELLING
A building or portion of a building designed or used for residential occupancy.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living but not for cooking purposes.
A. 
No person shall let or rent for human habitation any dwelling, dwelling unit or rooming unit unless its owner possesses a current operating license issued by the Town for that specific dwelling, dwelling unit or rooming unit. A separate license is required for each dwelling, dwelling unit and rooming unit let for human habitation.
B. 
When an operating license is suspended or revoked, or an application for renewal of an operating license is denied, a person may not rent or let for human habitation the dwelling, dwelling unit, or rooming unit for which the license has been revoked, suspended or denied until a new license has been issued or, in the case of a suspended license, the license has been reinstated.
A. 
An operating license may not be issued or renewed by the Town unless the owner of the dwelling, dwelling unit or rooming unit has applied to the Town, on an application form provided by the Town, and has paid the applicable license fee and all inspection fees then due and owing.
B. 
As part of the operating license application, and as a precondition to the Town's acceptance of the application, the owner shall:
(1) 
Consent to inspections by the Town before the issuance or renewal of an operating license, and during the term of such license, including but not limited to upon a change of occupancy or upon receipt of a complaint by the Town, to determine if the dwelling, dwelling unit or rooming unit for which the license is sought is in compliance with this chapter and the International Property Maintenance Code as adopted in Chapter 330 of this Code; and
(2) 
Promise to comply and operate and maintain the dwelling, dwelling unit or rooming unit in accordance with the provisions of this chapter and other applicable law.
C. 
The Town may not issue a new operating license, and may not renew an operating license, unless the dwelling, dwelling unit or rooming unit for which the license is sought:
(1) 
Has been inspected by the Town and found by the inspector to comply with the requirements of this chapter and with the requirements of the International Property Maintenance Code adopted by Chapter 330 of this Code; and
(2) 
Complies with all other requirements of law.
D. 
An operating license shall be issued for a period of two years from the date of issuance, unless sooner revoked. Subject to Subsection E of this section, an operating license may be renewed for successive periods not to exceed two years each.
E. 
An operating license may not be renewed unless an application for renewal has been made before the expiration of the current operating license. Unless the Town has failed to give notice of a renewal date by first-class United States Mail 90 days prior to the expiration date, a penalty fee as set by the Town Council by ordinance shall accompany any application filed less than 60 days prior to expiration.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[Amended 11-5-2018 by Ord. No. 10-1-18; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
Subject to § 344-9B of this chapter, the operating license fee shall be as set by the Town Council by ordinance. The fee shall be paid in advance of issuance of the license or renewal.
B. 
Every applicant and licensee shall pay a fee to the Town for each inspection or reinspection conducted pursuant to this chapter. The inspection fee shall be as set by the Town Council by ordinance for the inspection or reinspection of each dwelling, and where multiple dwelling units are located within a dwelling, the fee shall be as set by the Town Council by ordinance for the inspection or reinspection of each dwelling unit within that dwelling. The inspection fee in connection with an application for the issuance or renewal of an operating license is due and payable with the filing of the application. Except as otherwise provided in this chapter, the inspection fee for all other inspections or reinspections is due and payable upon completion of the inspection.
Any person who fails to obtain an operating license as required by this chapter, after first having been given 15 calendar days' notice of that person's failure to obtain the required license, is guilty of a municipal infraction and is subject to a fine in the amount of $100 per day for each dwelling, dwelling unit or rooming unit for which a required license has not been obtained. Each day that a dwelling, dwelling unit or rooming unit continues to be let or rented for human habitation without having the required operating license is a separate offense.
A. 
If the Code Enforcement Officer has reasonable cause to believe that one or more conditions exist in the licensed premises that may constitute violations of this chapter or of the International Property Maintenance Code adopted by Chapter 330 of this Code, the Code Enforcement Officer may inspect the licensed premises. If the inspection confirms that one or more conditions exist in the licensed premises that constitute violations of this chapter or of the International Property Maintenance Code adopted by Chapter 330 of this Code, the Code Enforcement Officer shall order the licensee, by written notice sent by certified mail to the licensee's mailing address as shown on the operating license application, to show cause before the Town Manager, within 30 days of the date of the notice, why the operating license for the licensed premises should not be suspended. The order shall set forth the reasons for the proposed suspension and identify what corrective action is required to bring the dwelling, dwelling unit or rooming unit into compliance. If, within this thirty-day period, the licensee fails to show cause to the satisfaction of the Town Manager why the license should not be suspended, the license shall be suspended. If the violations that caused the suspension are corrected to the satisfaction of the Town Manager within 30 days of the date of suspension, the Town Manager shall vacate the suspension and reinstate the operating license.
B. 
Repeated incidents.
(1) 
If, within a sixty-calendar-day period, law enforcement agencies respond on three or more separate occasions to one or more incidents at a specific dwelling, dwelling unit or rooming unit licensed under this chapter, the Code Enforcement Officer shall provide written notice to the licensee, sent by certified mail to the licensee's mailing address as shown on the operating license application, that if a law enforcement agency is required to respond to any further incident at that same dwelling, dwelling unit or rooming unit within the one-hundred-eighty-day calendar-day period commencing on the date of such written notice, the Town Manager may suspend the operating license for that dwelling, dwelling unit or rooming unit. If a law enforcement agency responds to an incident at the same dwelling, dwelling unit or rooming unit within such one-hundred-eighty-day period, the Code Enforcement Officer shall order the licensee, by written notice, sent by certified mail to the licensee's mailing address as shown on the operating license application, to show cause before the Town Manager, within 30 days of the date of the notice, why the operating license for the licensed premises should not be suspended. The order shall set forth the reasons for the proposed suspension and identify what corrective action is required to rescind the suspension. If, within this thirty-day period, the licensee fails to show cause to the satisfaction of the Town Manager why the license should not be suspended, the license shall be suspended. If the licensee takes the corrective action designated in the written notice to the satisfaction of the Town Manager within 30 days of the date of suspension, the Town Manager shall vacate the suspension and reinstate the operating license.
(2) 
As used in this Subsection B, the term "incident" means any conduct occurring at a dwelling, dwelling unit or rooming unit that, if proven, would constitute any of the following unlawful acts, whether arising under federal law, state law or this Code:
(a) 
Disturbing the peace.
(b) 
Disorderly conduct.
(c) 
Domestic violence.
(d) 
Any crime of violence, including but not limited to assault, battery, murder, manslaughter, and the attempts to commit any such acts.
(e) 
Unlawful use, possession and/or distribution of controlled dangerous substances and/or drug paraphernalia.
(f) 
Malicious destruction of property.
(g) 
Unlawful possession of weapons.
(h) 
Unlawful gaming.
(i) 
Prostitution.
(j) 
Rape and other sexual offenses.
C. 
The suspension imposed under Subsections A and B of this section shall expire, and the operating license shall be revoked, 30 days after the date of the suspension unless, during that thirty-day period, the violations or other actions causing the suspension have been corrected to the satisfaction of the Town Manager. The Town Manager shall send to the property owner, by certified mail at the owner's address as shown on the operating license application, written notice of any such revocation and shall set forth the grounds for the revocation. The notice shall inform the owner of the right to appeal the revocation, pursuant to § 344-8 of this chapter.
D. 
An operating license revoked pursuant to Subsection C of this section may not be reinstated or renewed. However, after an operating license has been revoked, the owner of the dwelling, dwelling unit or rooming unit may file an application for a new license pursuant to § 344-4 of this chapter.
A. 
The owner of a dwelling, dwelling unit or rooming unit who is aggrieved by a decision of the Town to deny issuance, deny renewal, suspend or revoke an operating license may appeal the decision to the Town Board of Appeals.
B. 
Appeals to the Board of Appeals shall be made within 10 days of the receipt of notice of suspension or revocation. The appeal shall be made by filing with the Board a letter or other statement setting forth the decision or determination from which the appeal is taken, and alleging sufficient facts to show an error in the decision or determination, or that compliance with the decision or determination will result in severe and undue hardship unwarranted by the circumstances. The appeal shall be deemed to be made when the Board receives the letter or statement.
C. 
Within a reasonable time after receiving notice of an appeal, the Chair of the Board shall fix a time and place for the hearing of the appeal and shall send notice of the hearing to the appellant or the appellant's attorney of record.
D. 
In deciding an appeal, the Board of Appeals shall determine, based upon all of the evidence presented to it, whether there is any error in the decision or determination from which the appeal is taken, or whether severe and undue hardship will result to the appellant, or others, by enforcement of the decision or determination, not warranted by consideration for the public health, safety and welfare. The Board may reverse, affirm or modify, wholly or partly, the decision or determination appealed from and may make any further order, requirement, decision or determination as ought to be made upon all of the evidence presented to it.
E. 
Upon making a final determination, the Board shall give written notice of the determination promptly to the appellant or the appellant's attorney of record. If the determination requires some action to be taken by the appellant, the notice shall state a reasonable time within which the action shall be taken and further shall state that unless the action is taken within the time specified, the appellant will be subject to the penalties provided in § 344-6.
A. 
Reissuance of a license that has been revoked or denied upon application for renewal shall be subject to payment of the full amount of the applicable operating license fee, except that, at the discretion of the Town Manager, when the operating license has been revoked or denied for failure of the dwelling, dwelling unit or rooming unit to comply with the International Property Maintenance Code as adopted by Chapter 330 of this Code, the license may be reissued on a six-month basis, subject to reinspection by the Town before each six-month renewal. When subsequent inspection confirms that a dwelling, dwelling unit or rooming unit on a six-month-renewal cycle is being maintained to the standards of the International Property Maintenance Code, the Town Manager then shall place the property on a regular licensing schedule.
B. 
The fee for a six-month license shall be the same as the fee for a biannual license, except that the fee shall double, progressively, for any subsequent denial or revocation that may occur while the property has been issued a six-month operating license.
C. 
A reinspection fee in the amount set by the Town Council by ordinance shall be paid before another inspection of a dwelling, dwelling unit or rooming unit is made if, at the time of the scheduled inspection, one or more of the following occurred:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
The requesting party requested or was scheduled for inspection but work was not completed or violations were not abated.
(2) 
The requesting party, either owner, agent, or tenant, or occupant was not on-site.
(3) 
Entry could not be made to the dwelling, dwelling unit or rooming unit.
A. 
When an operating license has been suspended, revoked, or denied or has expired, the Code Enforcement Officer may cause to be posted on the property where the dwelling, dwelling unit, or rooming unit is located a notice that states as follows: "Occupancy of any dwelling, dwelling unit or rooming unit in this building is unlawful until a license to operate has been obtained and is displayed on the premises."
B. 
A person may not remove such a notice until an operating license has been obtained.
A. 
When an operating license has been revoked, within 15 days of notice from the Town all tenants and occupants of the dwelling, dwelling unit or rooming unit for which the operating license was revoked shall vacate the dwelling, dwelling unit or rooming unit until a new operating license is issued. The owner of the dwelling, dwelling unit or rooming unit shall take all reasonable and necessary actions to procure the removal of such tenants and occupants.
B. 
In addition to the procedure described in § 344-7 of this chapter, and upon issuing an order revoking an operating license, the Town Manager may further order that the owner of the dwelling, dwelling unit or rooming unit for which the operating license was revoked shall be liable for reasonable costs incurred by affected tenants or occupants, for a period not to exceed 90 days, in order to obtain and relocate to substitute housing within Charles County.
C. 
Any person who fails to vacate or cause to vacate the dwelling, dwelling unit or rooming unit for which the operating license was revoked, after due notice by the Town, is guilty of a municipal infraction and is subject to a fine of $100 per day.
In addition to any other penalties specified in this chapter, the Town may seek injunctive or other appropriate judicial relief to restrain or correct violations of this chapter.
A. 
The owner of any dwelling consisting of four or more rental dwelling units is required to have a property manager located on the premises or within a reasonable distance from the dwelling. The property manager shall be responsible for the day-to-day care, maintenance and upkeep of the dwelling and its grounds. For the purposes of this chapter, the owner may be the property manager.
B. 
The owner of each multiple dwelling required by Subsection A of this section to have a property manager shall post the name and telephone number of the property manager in a conspicuous place within each dwelling.
C. 
Subsections A and B of this section do not relieve the owner of the multiple dwelling of the owner's duties and responsibilities prescribed in this chapter and in the International Property Maintenance Code as adopted by Chapter 330 of this Code, and any regulations promulgated pursuant thereto. An owner shall not be relieved from any such duty and responsibility, and shall not be entitled to defend against any charge of violation thereof, by reason of the fact that the occupant or tenant also is responsible for complying with such provisions and is in violation thereof.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The property owner shall file with the Town the statement required by § 1-503 of the Local Government Article of the Annotated Code of Maryland. An operating license shall not be issued until this statement is filed.