[HISTORY: Adopted by the Commissioners of
the Town of Princess Anne 12-4-1991 as Ch. V, Art. 1, of the 1991 Code. Amendments noted where
applicable.]
This chapter shall be known and may be cited
and referred to as the "Princess Anne Housing Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
Approval by the Code Enforcement Officer appointed by the
Town Manager with the approval of the President and Commissioners
to enforce the provisions of this chapter.
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
All except garbage, but including paper, rags, cartons and
boxes, wood, excelsior, rubber, leather, tree branches and yard trimmings.
A portion of a building located partly or wholly underground
and having 1/2 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
The person in Princess Anne appointed to conduct housing
inspections.
Any building or structure or part thereof, except temporary
housing, which is used or intended to be used for living or sleeping.
[Amended 6-7-1999 by Ord. No. 99-06]
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping and cooking.
Either the Town Manager or Code Enforcement Officer who shall act to ensure that the conditions of both this chapter and Chapter 91 of the Code of the Town of Princess Anne are complied with.
[Added 9-10-2001 by Ord. No. 2001-5]
The control or elimination of insects, rodents or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that may serve to harbor pests, by blocking their access
to a dwelling or by any other recognized and legal pest elimination
methods approved by a Health Officer of Somerset County pursuant to
appropriate ordinances.
That story of a dwelling at or next above the average grade
of the adjoining ground.
The animal and/or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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 connecting
corridors, closets and storage spaces.
The presence within or around a dwelling or in or near waste
disposal containers of any insects, rodents or other pests.
The use of a room or rooms for combined living, sleeping
and dining purposes by individuals or groups of persons having part
of a dwelling, such as stairs or halls, in common but living independently
of each other and doing their cooking upon the premises, whether in
the same or in other units, as distinguished from a dwelling unit
or apartment having normal kitchen and toilet facilities.
The room or rooms occupied for light housekeeping purposes
by one individual or group of persons living independently of other
such individuals or groups.
Any legally responsible person who has charge, care or control
of a building or part thereof in which dwelling units are leased or
let.
Any legally responsible person who, alone or jointly or severally
with others, has legal title to any dwelling, with or without actual
possession thereof, or has charge, care or control of any dwelling
as owner or agent of the owner or as executor, executrix, administrator,
administratrix, trustee or guardian of the owner. Any such person
thus representing the owner shall be bound to comply with the provisions
of this chapter to the same extent as if he/she were the owner.
Includes any individual, firm, corporation, association or
partnership.
Water pipes, mechanical garbage disposal units, waste pipes,
water closets, sinks, installed dishwashers and clothes-washing machines,
lavatories, bathtubs, shower baths, catch basins, drains, vents and
other similar supplied fixtures, including all connections to water
or sewer lines.
Paid for, arranged, furnished or provided by or under control
of the owner or operator.
No person shall occupy or let to another for
occupancy any dwelling for the purpose of living, sleeping, cooking
or eating therein which does not comply with the requirements of this
chapter.
A.
Sink, flush water closet, lavatory basin and bathtub
or shower in dwellings.
(1)
Every dwelling unit shall contain the following:
(a)
A kitchen sink in good working condition and properly
connected to an approved water and sewer system.
(b)
A room or rooms affording privacy and equipped with
a flush water closet, lavatory basin and bathtub or shower in good
working condition properly connected to an approved water and sewer
system, except that where a multiple dwelling was in existence at
the time of passage of this chapter, the occupants of not more than
two dwelling units may share a room containing lavatory and bath facilities,
provided that not more than a total of 10 persons occupy both dwelling
units.
(2)
No such sanitary facilities shall be located in a
basement or cellar, except by written approval of the Code Enforcement
Officer.
(3)
No water closet shall be of the flush hopper, frostproof
hopper, privy or similar type if a sewer system is available within
200 feet of the dwelling, and where no sewer is available, then such
facilities shall be used only when approved by the Code Enforcement
Officer.
B.
Access to bathrooms and water closets. Access to each
bathroom or water closet compartment shall be provided without requiring
passage through a sleeping room, bathroom or water closet compartment
of another dwelling.
C.
Floors and ventilation of bathrooms and water closets.
(1)
Every water closet compartment and bathroom shall
be floored with a surface which is reasonably impervious to water
and which can be easily kept in a clean and sanitary condition.
(2)
Every bathroom and water closet compartment shall be provided with windows meeting the requirements for light and ventilation of habitable rooms prescribed in § 91-5 of this chapter or with an approved mechanical or gravity ventilation system affording adequate ventilation and maintained in good working condition at all times.
D.
Piped hot and cold running water. Every kitchen sink,
lavatory basin and bathtub or shower required under this chapter shall
be connected and supplied with hot and cold running water.
[Amended 6-7-1999 by Ord. No. 99-06]
A.
Window area and ventilation.
(1)
Every habitable room shall have at least one window
which can be easily opened facing directly to outdoor open space.
The minimum total window area, measured between stops, for every habitable
room shall be 10% of the floor area of such room, unobstructed by
any portion of structure or wall less than five feet from the outside
of such window.
(2)
The total window area that may be opened for each
habitable room shall be equal to at least 45% of the required window
area.
B.
Electrical outlets and fixtures. Every habitable room
shall contain at least one floor- or wall-type electric convenience
outlet and one ceiling electric lighting fixture or two electric convenience
outlets, and every water closet compartment, bathroom or hall, furnace
room or laundry room shall contain at least one wall- or ceiling-type
electric light fixture. Every electrical outlet and fixture shall
be properly installed and maintained in good and safe working condition
and connected to an approved source of electric power in a safe and
approved manner.
C.
Public hall lighting. Every public hall and stairway
in every multiple dwelling shall be lighted to at least one footcandle
on the floor and stairs at all times.
D.
Heating facilities. Every dwelling shall have heating
facilities which are properly installed and vented and maintained
in safe operating condition and are capable of heating all habitable
rooms, bathrooms and water closet compartments in each dwelling unit
therein to a temperature of at least 68° F. (36° C.) at a
distance of three feet above floor level when the outside temperature
is 0° F. (-32° C.).
A.
Floor space.
(1)
Every dwelling unit shall contain at least 100 square
feet of floor space for the first occupant thereof and at least 75
additional square feet of floor space for every additional occupant,
in addition to the floor area included in water closet compartments,
bathrooms, halls and passageways.
(2)
Every room occupied for sleeping purposes shall contain
at least 70 square feet of floor space for one occupant or 40 square
feet of floor space for each occupant if more than one.
B.
Access to sleeping rooms. No dwelling unit shall be
so located or arranged that access thereto requires passage through
a habitable room or another dwelling unit.
C.
Ceiling height of habitable rooms. At least 1/2 of
the floor area of every habitable room shall have a ceiling height
of not less than 7 1/2 feet. The floor area of any part of a
room where the ceiling height is less than five feet shall not be
considered as a part of the required floor area.
D.
Criteria for basement or cellar occupancy.
(1)
No basement space shall be used as a habitable room
or dwelling unit unless:
(a)
The floor and walls are impervious to leakage of underground
and surface runoff water and are well drained and protected against
dampness.
(b)
All heating equipment or other equally hazardous equipment
is separated from the dwelling unit by a standard partition.
(c)
Access can be gained to the unit without passage through
a furnace room.
(2)
No cellar space shall be used as a habitable room
of a dwelling unit.
[Amended 6-7-1999 by Ord. No. 99-06]
A.
General exterior. The exterior of a structure shall
be maintained in good repair. Also, it shall be structurally sound
and maintained in a sanitary condition so as to not pose a threat
to the health, safety or welfare of the occupants.
(1)
Structural members. Supporting structural members
of a structure shall be maintained structurally sound, free of deterioration
and capable of safely bearing whatever loads are imposed upon them.
(2)
Exterior surfaces. Each foundation, exterior wall,
roof and other exterior surfaces shall be maintained in good repair
and shall be kept in such condition as to exclude rodents and other
pests.
(3)
Foundation walls. Foundation walls shall be structurally
sound and shall be free from open cracks and breaks.
(4)
Exterior walls.
(a)
Each exterior wall shall be free from holes, breaks,
loose or rotting boards or timbers and any other conditions which
may admit rain or dampness to the interior portions of the wall or
to the occupied areas of the structure.
(b)
All exterior surface materials, including but not
limited to wood, composition or metal siding, shall be weatherproof
and shall be properly coated to prevent deterioration.
(5)
Roof and drainage. The roof shall be structurally
sound and may not have defects which could admit rain. Roof drainage
shall be adequate to prevent rainwater from causing dampness or deterioration
in the walls or in the interior portion of the structure.
(6)
Chimneys. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained in good repair.
(7)
Stairs and porches. Each exterior stair, porch, fire
escape, balcony and all appurtenances attached to them shall be maintained
in good repair, safe to use and capable of supporting the anticipated
loads.
(8)
Windows, doors and frames. Each window, door and frame
shall be maintained so as to exclude rain and rodents and to substantially
exclude wind from entering the structure.
(9)
Weathertight. Each window and exterior door shall
be fitted reasonably in its frame and be weathertight. Each window
shall be free from cracks and holes.
(10)
Insect screens.
(a)
During the period from April 1 to December 1,
every door and window and other outside openings used for ventilation
purposes shall be supplied with insect screens.
(b)
Exception. Upon the prior approval of the Code
Enforcement Officer, screens may not be required for exterior doors
or other types of openings which make screening impractical, such
as openings equipped with air-conditioning units.
(11)
Door hardware. Each exterior door and its hardware
shall be maintained in good repair. Also, the door locks on all of
the interior and exterior doors entering the housing units shall be
in good repair and capable of tightly securing the door.
B.
General interior. The interior of a structure and
its equipment shall be maintained in a structurally sound and sanitary
condition.
(1)
Structural members. Supporting structural members
of a structure shall be maintained structurally sound, free of deterioration
and capable of safely bearing whatever loads are imposed upon them.
(2)
Interior surfaces.
(a)
Floors, walls, including windows and doors, ceilings
and other interior surfaces shall be maintained free from serious
defects threatening the health and safety of the occupants.
(b)
Dirt, sand or gravel floors are prohibited. This shall
not apply to basements which are not used as living areas.
(3)
Lead-based paint. Lead-based paint with a lead content
of more than 0.05% shall not be applied to any interior or exterior
surface of a dwelling, dwelling unit or child-care facility, including
but not limited to fences and outbuildings at these locations. Existing
interior and exterior painted surfaces of dwelling units and child-care
facilities that contain an excess of 0.5% lead shall be removed or
covered in a manner approved by the Maryland Department of Health
and Mental Hygiene.
(4)
Exit doors. Every door available as an exit shall
be capable of being opened easily from the inside.
(5)
Exit facilities. All interior stairs, railings and
other exit facilities of every structure shall be so constructed and
maintained as to be safe to use and capable of supporting anticipated
loads.
(6)
Handrails. Every flight of stairs which is more than
three risers high shall have handrails. Every open portion of a stair,
porch, landing and balcony which is more then 30 inches above the
floor or grade below shall have guardrails. Every handrail and guardrail
shall be firmly fastened and capable of bearing normally imposed loads
and shall be maintained in good repair.
C.
Mechanical soundness of plumbing. All plumbing shall
be properly installed and maintained in sanitary condition, free from
defects, leaks and obstructions.
D.
Safe egress for dwellings. Every dwelling unit shall
have at least one unobstructed means of ingress and egress leading
to a safe open space at ground level and to a public street or alley.
Where there is more than one dwelling unit on a second story or where
there are more than two stories, a minimum of two approved exitways
shall be provided for every occupied story above or below the first
story; except, however, that a second story may be served by a single
stairway if such stairway in enclosed by one-hour fire-resistant materials
where such second story does not exceed 2,400 square feet in floor
area and the distance from the dwelling units to the stairway is less
than 50 feet.
A.
Owner and owner-occupant responsibility. Every owner
or owner-occupant shall be responsible for the cleanliness of all
parts of a dwelling and premises shared in common by more than one
family and for provision of the following utilities and services,
except where such responsibility is assumed by an operator or an occupant
by agreement:
(1)
Provision of garbage and trash disposal facilities
or containers where the dwelling exceeds two units.
(2)
Extermination of insects, rodents or other pests,
except that where only one dwelling unit is infested, the occupant
of such infested unit shall be responsible for its extermination,
unless the dwelling is not maintained in a reasonable ratproof or
insectproof condition.
(3)
Provision of all other facilities, utility service
or conditions required by this chapter.
B.
Occupant responsibility. Every occupant of a dwelling unit shall be responsible for keeping the occupied area and premises and all plumbing equipment and facilities in a clean, safe and sanitary condition at all times. Rubbish and garbage shall be disposed of or stored by the owner or owner-occupant as provided in Subsection A(1) of this section.
Upon the discontinuance of gas or electric service
for cause by a public utility company or upon discontinuance of any
municipal or other service for cause, the Code Enforcement Officer
shall be notified and shall thereupon take immediate steps to have
the responsible person correct conditions leading to such discontinuance
of services, if possible. Because such utilities and services are
essential for the health, safety and welfare of the occupants of any
dwelling, no dwelling may continue to be occupied after removal or
discontinuance of any service, facility, equipment or utility, except
for temporary interruptions during actual repair work or during temporary
emergencies when discontinuance of service is approved by the Code
Enforcement Officer. This section shall not be construed to prevent
the cessation or discontinuance of any such service upon order of
the Code Enforcement Officer or any other authorized official.
A.
All dwellings or parts thereof which have any of the
following defects shall be deemed dangerous dwellings and shall be
condemned as unfit for human habitation:
(1)
Those whose interior or exterior bearing walls or
other vertical structural members list, lean or buckle to such an
extent as to weaken the structural support they provide.
(2)
Those which, excluding the foundation, show 33% or
more of damage or deterioration of the nonsupporting enclosing or
outside walls or covering.
(3)
Those which have improperly distributed loads upon
the floors or roofs or in which the same are overloaded or which have
insufficient strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other
causes so as no longer to provide shelter from the elements and which
have become dangerous to the life, safety, morals or general health
and welfare of the occupants or the people of the Town.
(5)
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary, vermin-infested or obsolete that they are likely
to cause sickness or disease or injury to the health, morals, safety
or general welfare of those living therein or of the people at large.
(6)
Those which lack light, air and sanitation facilities
as required by this chapter to protect the health, morals, safety
or general welfare of persons living therein.
(7)
Those which lack the facilities required by this chapter
for egress in case of fire or panic or those which have insufficient
stairways, elevators, fire escapees or other means of communications
required herein.
(8)
Those having parts thereof which are so attached that
they may fall and injure occupants, the public or other property.
(9)
Any dilapidated, burned-out, fallen-down, ramshackle,
or decaying structure or remnant thereof which is unattended and/or
uninhabitable or unusable for its intended purpose and is beyond reasonable
hope of rehabilitation or restoration.
[Added 9-10-2001 by Ord. No. 2001-5]
B.
Declaration of nuisance and orders.
(1)
All dangerous dwellings or parts thereof, within the
terms of this chapter, are hereby declared to be public nuisances
and shall be vacated and repaired or demolished.
(2)
In any case where a dangerous dwelling is damaged or decayed or deteriorated 50% or more from its original structure or where it cannot be repaired so as to comply with the terms of this chapter, it shall be ordered vacated and demolished. Dwellings ordered vacated shall be vacated in accordance with the provisions of § 91-12 of this chapter.
C.
The standards listed below shall be followed by the
enforcing officer in ordering the repair, vacancy or demolition of
any dangerous building or structure:
[Added 9-10-2001 by Ord. No. 2001-5]
(1)
If the building or structure reasonably can be repaired
so that the dangerous condition will no longer exist, it shall be
ordered to be repaired; otherwise it shall be ordered to be demolished;
or
(2)
If the building or structure is in such condition
that makes it immediately dangerous to the life, limb, property or
safety of the public or its occupants, it shall be ordered to be vacated
immediately.
(3)
An order to demolish shall not indicate an alternative
permission to repair; however, an order to vacate may be satisfied
by demolition.
A.
The enforcing officer is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units and premises located within Princess Anne in order to safeguard
the health and safety of the occupants of such dwellings and of the
general public. For this purpose and upon showing proper identification,
the enforcing officer is authorized to enter, examine and survey,
at any reasonable hour, all dwellings, dwelling units and premises,
and the owner, occupant or the person in charge thereof shall give
the enforcing officer free access thereto for the purpose of such
inspection.
[Amended 9-10-2001 by Ord. No. 2001-5]
B.
Every occupant of a dwelling shall give the owner
thereof or his/her agent or employee access to any part of such dwelling
or its premises, at any reasonable hour, for the purpose of making
any repairs or alterations which are necessary to effect compliance
with the provisions of this chapter or any lawful order issued pursuant
thereto.
C.
No officer, agent or employee of the Town of Princess
Anne shall be personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his/her duties under this chapter. Any suit brought
against any officer, agent or employee of Princess Anne as a result
of the proper discharge of his/her duties under this chapter shall
be defended by the Town Attorney until final determination of the
proceedings therein.
[Amended 3-6-2000 by Ord. No. 2000-3; 9-10-2001 by Ord. No.
2001-5]
A.
Notices of violation. Whenever the enforcing officer
determines that there has been a violation of any provisions of this
chapter, with the exception of finding the property is a dangerous
dwelling, he/she shall give notice of such violation to the person
or persons responsible therefor and order compliance with this chapter
as hereinafter provided. Such notice and order shall be in writing
on an appropriate form and delivered in compliance with the procedure
established under § 115-10C(3) of the Code of the Town of
Princess Anne, and shall include the following:
(1)
A list of the violations, with reference to the section
of the chapter violated, and an order as to the remedial action required
to effect compliance with this chapter.
(2)
Specification of a reasonable time for performance.
(3)
Advice concerning the procedure for appeal. Such notice
and order shall be served upon the owner, occupant or agent in person;
provided, however, that the notice and order shall be deemed to be
properly served if such owner, occupant or agent is sent a copy thereof
by registered mail to his/her last known address and a copy is posted
in a conspicuous place in or on the dwelling affected.
(4)
A brief description of the property containing the
violation.
(5)
Notification to the property owner that failure to
abate within the time allotted will allow the enforcing officer to
undertake the work of bringing the property into compliance and assess
the property owner for the cost of the work, including, but not limited
to, the cost of all material and labor and any applicable penalties.
(6)
Certification of the enforcing officer attesting to
the truth of the matters set forth.
B.
Notice of dangerous dwellings. Whenever the enforcing officer determines that a dwelling is a dangerous dwelling, as defined in § 91-10 of this chapter, he/she shall:
(1)
Affix upon the door or entrance to such dwelling a
printed placard declaring that such dwelling is unfit for human habitation
and is ordered vacated. No person shall deface or remove such placard
from any dwelling which has been condemned as unfit for human habitation
and placarded as such. Any person who defaces or removes a placard
without the approval of the enforcing officer shall be subject to
a civil penalty citation of $100. The enforcing officer shall remove
the placard whenever the defect or defects upon which the condemnation
and placarding were based have been eliminated.
(2)
Serve notice, as provided herein, in writing, to the owner and occupant or lessee of any building found by him/her to be a dangerous dwelling within the standards set forth in § 91-10 of this chapter that:
(a)
Shall include:
[1]
A description of the real estate sufficient
for identification.
[2]
A statement of the reason(s) why the notice
is being issued, including a brief and concise description of the
conditions the enforcing officer found to have been in violation of
this chapter and the code chapter and paragraph in violation and,
if applicable, the reasons for declaring an emergency situation.
[3]
A reasonable time after service of the notice
and order in which time the repairs and improvements required to bring
the premises into compliance with this code shall be effected before
a citation or clean-up costs may be assessed.
[4]
A statement of the action required to be taken.
[5]
Statements advising that, in case the owner
of record, agent or person in control cannot be found within the stated
time limit or if such owner, agent or person in control shall fail,
neglect or refuse to comply with the notice to repair, rehabilitate
or demolish and remove the building or structure or portion thereof
or to remove rubbish from the premises or to backfill excavations,
the enforcing officer, after having ascertained the cost, may remove
the rubbish, building, structure or portion thereof, or demolish,
secure or require the property to remain vacant. The cost or expense
shall be assessed as a lien on the property and shall be entered on
the tax records kept by the Town Treasurer and shall be collectible
as are taxes.
[6]
Statements advising that any person having any
record title or legal interest in the building may appeal from the
notice and order or any action of the enforcing officer to the Housing
Board of Review, provided that the appeal is made in writing and filed
with the enforcing officer within 10 days from the date of service
of such notice and order, and that failure to appeal will constitute
a waiver of all rights to an administrative hearing and determination
of this matter.
(b)
If the enforcing officer has determined that
the building or structure must be repaired, the order shall require
that all required permits be secured and the work physically started
within such time, not to exceed 30 days from the date of the order,
and completed within such time as the enforcing officer shall determine
is reasonable under all the circumstances. The enforcing officer may
indicate this compliance date in the original notice.
(c)
If the enforcing officer has determined that
the building or structure must be vacated, the order shall require
that the building or structure shall be vacated within a specified
time from the date of the order as determined by the enforcing officer
to be reasonable.
(d)
If the enforcing officer has determined that
the building or structure must be demolished, the order shall require
that the building be vacated within such time as the enforcing officer
shall determine is reasonable. All permits which must be obtained
by the owner in order to comply with the order to demolish must be
secured within 30 days from the date of the order and the demolition
must be completed within such time as the enforcing officer shall
determine is reasonable. However, should a property owner(s), upon
receiving such letter-order desire to appeal this demolition order,
he/she may appeal within 10 days from the date of service of notice.
A formal written appeal shall be submitted to the enforcing officer,
specifying the grounds thereof, which will be forwarded to the Housing
Board, and explaining the reasons why the appellant contends this
order would result in undue hardship. The Board, after examining all
the circumstances surrounding the order to demolish, may, in conformity
with this code, reverse and affirm, wholly or partly, such order to
demolish.
C.
Enforcement. If the property owner fails to bring
the property into compliance within the time period granted, as set
forth in the notice, after the notice is issued, the enforcing officer
may, after the expiration of that period:
D.
Reinspection. Following the expiration of the period of time provided in the notice, the enforcing officer may reinspect, within the constraints of § 91-11, the premises described in the notice.
(1)
If, upon reinspection, the enforcing officer determines
that any violation has not been corrected, he/she may issue a citation
or grant an extension of time based on the circumstances of each case.
A fee of $100 may be charged for any additional inspections other
than the required inspections to assure compliance.
(2)
In the event that a reinspection of the premises cannot
be achieved due to an agent, owner, or occupant thwarting the efforts
of the enforcing officer, a civil penalty of one hundred dollars may
be imposed for each day of violation.
E.
Any person affected by a notice and order issued in
connection with the enforcement of this chapter may request and shall
be granted a hearing on the matter before the Housing Board of Review,
provided that such person shall file in the office of the enforcing
officer a written petition requesting the hearing and setting forth
his/her name, address and telephone number and a brief statement of
the grounds for the hearing or for the mitigation of the order. Such
petition shall be filed 10 days after the date the notice and order
are served. Upon receipt of the petition, the enforcing officer shall
set a time and place for a hearing before the Housing Board of Review
and shall give the petitioner written notice thereof. Said hearing
shall be held within a reasonable time after a petition has been filed,
and the petitioner shall be given an opportunity to be heard and to
show cause why the notice and order should be modified or withdrawn.
The failure of the petitioner or his/her representative to appear
and to state his/her case at such hearing shall have the same effect
as if no petition were filed.
F.
After the hearing, the Housing Board of Review, by
a majority vote, shall sustain, modify or withdraw the notice, depending
on its findings as to whether the provisions of this chapter have
been complied with, and the petitioner and the enforcing officer shall
be notified, in writing, of such findings.
G.
The proceedings of the hearing, including the findings
and decision of the Housing Board of Review and the reasons thereof,
shall be summarized in writing and entered as a matter of public record
in the office of the enforcing officer. Such record shall also include
a copy of every notice and order issued in connection with the case.
H.
Orders to vacate.
(1)
Where a notice of violation and order to comply have
been served pursuant to this chapter and, upon reinspection at the
end of the time specified for compliance, it is found that the violation
or violations have not been remedied, and if no petition for a hearing
has been filed, the enforcing officer may order the dwelling or parts
thereof affected by the continued violations vacated in accordance
with the following procedure:
(a)
Dwellings shall be vacated within a reasonable
time not to exceed 30 days.
(b)
Vacated dwellings shall have all outer doors
firmly locked and basement, cellar and first-story windows barred
or boarded to prevent entry.
(c)
Vacated dwellings shall not again be used for
human habitation until written approval is secured from the enforcing
officer.
(2)
If a dwelling or part thereof is not vacated within
the time specified in the order of vacation, the enforcing officer
shall seek a court order in a court of competent jurisdiction for
the vacation of such dwelling or part thereof.
I.
Order of demolition. The enforcing officer shall order
the owner of any premises upon which is located any structure which
is so dilapidated, so out of repair as to be dangerous, has been designated
unfit for human habitation, unsafe, unsanitary, has been vacated,
and has not been put into proper repair after given sufficient notice
to repair, if such abatement is possible, to raze and remove the structure
in its entirety.
J.
Emergency order. Whenever the enforcing officer finds that an emergency exists which requires immediate action to protect the health and safety of the residents or of the public, he/she may issue an order so stating; and, notwithstanding any other provision of this chapter, such order shall take effect and shall be complied with immediately. The enforcing officer shall take whatever action is necessary in order to meet the emergency. If necessary to protect the public health or safety, the enforcing officer may order the premises to be vacated, and it shall not be reoccupied until the order is completed. Upon petition to the Housing Board of Review, the petitioner shall be afforded a hearing pursuant to Subsection E of this section.
[Amended 10-1-2012 by Ord. No. 2013-03]
(1)
In the event that emergency measures are taken, the enforcing officer
shall cause to be posted at each entrance to such structure a notice
reading as follows:
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"This structure is unsafe, and its occupancy has been prohibited
by the Town Manager or Code Enforcement Officer. It shall be unlawful
to occupy this building or to remove or deface this notice. Failure
to comply with this posting will result in prosecution by law."
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(2)
It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same. A period not to exceed 30 days shall be effective to vacate the premises, unless the situation is of a character requiring immediate action, in which case the effective time of the order shall be as such as, in the judgment of the enforcing officer, is reasonable and proper. Any person ordered to take emergency measures by this article shall comply with such order forthwith. Any affected person shall thereafter be entitled to an appeal as described in Subsection E.
(3)
Costs. Costs incurred in the performance of emergency work shall
be reimbursed to the Town of Princess Anne. The cost or expense plus
any reasonable administrative costs and legal fees incurred by the
Town shall be assessed as a lien on the property and shall be entered
on the tax records kept by the Town Treasurer and shall be collectible
as are taxes. Said lien shall draw interest from and after such 30
days at the same rate that applies to real estate taxes and shall
be collected in the same manner as real estate taxes.
K.
Vacation and demolition.
[Amended 10-1-2012 by Ord. No. 2013-03]
(1)
If the owner, occupant or lessee fails to comply with the order of the enforcing officer or the action of the Housing Board of Review after hearing, the enforcing officer shall cause such dwelling or part thereof to be vacated and repaired or demolished as the facts may warrant and shall, with the assistance of the Town Attorney, cause the costs of such repair or demolition, plus any reasonable administrative costs and legal fees, to be charged against the land on which the building existed as a municipal lien in accordance with the provisions of § 1-3 of the Code of the Town of Princess Anne or to be recovered in a suit at law against the owner.
(2)
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling, as defined herein, is immediately vacated and repaired or demolished, the enforcing officer shall cause its immediate vacation and repair or demolition. The costs of such emergency repair or demolition, plus any reasonable administrative costs and legal fees, shall be collected in the same manner as provided in Subsection K(1) of this section.
(3)
After an order for vacation has been issued by the enforcing officer,
it shall be unlawful to again enter such structure except for the
purpose of securing the structure, making the required repairs, removing
the hazardous condition, or demolishing the same until it or its occupation,
as the case may be, has been made to conform to the law and written
approval granted by the enforcing officer.
L.
Stay of notice and order during appeals. Except for
vacation orders, enforcement of any notice and order of the enforcing
officer issued under this section shall be stayed during the pendency
of an appeal therefrom which is properly and timely filed.
M.
Extensions.
(1)
Upon receipt of an application from the person required
to conform to the order and an agreement by such person that he will
comply with the order if allowed additional time, not to exceed an
additional 120 days, within which to complete said repair, rehabilitation
or demolition, if the enforcing officer determines that such an extension
of time will not create or perpetuate a situation imminently dangerous
to life or property.
(2)
The enforcing officer's authority to extend time is
limited to the physical repair, rehabilitation or demolition of the
premises and will not in any way affect or extend the time to appeal
his notice and order.
A.
Creation; membership; qualifications. A Housing Board
of Review is hereby created to conduct the hearings authorized by
this chapter. Such Housing Board shall consist of five members, to
be appointed by the Town Manager and confirmed by the Council for
overlapping terms of three years each, except that the members of
the first Board shall be appointed two for one year, two for two years
and one for three years, respectively. Each member of the Board shall
serve until a successor is appointed. All members of the Board shall
be citizens of the United States and residents of the Town of Princess
Anne.
B.
Powers and duties. The Housing Board of Review shall:
(1)
Adopt rules of procedure not inconsistent with this
chapter, elect its own officers and keep a record of all proceedings,
including the vote of each member on each case heard. No member of
the Board shall take part in any hearing or determination in which
he/she has, directly or indirectly, any personal or financial interest.
Three members of the Board in attendance at any meeting shall constitute
a quorum.
(2)
Interpret the intent of this chapter in specific cases
where, upon appeal, it clearly appears that, by reason of special
conditions, undue hardship would result from the literal application
of any section of this chapter. Where such undue hardship is clearly
demonstrated, the Board may permit a variance from the applicable
section, provided that the dwelling will vary only a reasonable minimum
from the literal provision of this chapter and will comply generally
with the spirit and intent of the regulations as to sanitation, safety
and rehabilitation. Any such variance shall be permitted only by the
concurring vote of at least three members of the Board.
The provisions of this chapter shall be held
to be the minimum requirements to protect the health, safety, morals
and welfare of the people of the Town, and where this chapter imposes
greater requirements than imposed by other provisions of law or ordinance,
the provisions of this chapter shall control.
