[HISTORY: Adopted by the Mayor and Council of the Town of Rock Hall 10-6-1977
by Ord. No. 26. (The provisions of this chapter are derived
from Chapters 3 and 5 of the former Code of Ordinances of the Town of Rock
Hall, adopted 10-6-1977 by Ord. No. 26.
Former Section 508, concerning condemnation procedures for unfit dwellings,
was omitted as having been superseded by subsequent legislation; see Ch. 85,
Buildings and Structures, Unsafe.) Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing Board — See Ch. 40.
Utilities Board — See Ch. 61.
Brush, weeds and vegetation — See Ch. 77.
Building construction generally — See Ch. 81.
Unsafe buildings and structures — See Ch. 85.
Fire prevention — See Ch. 110.
Garbage, rubbish and waste — See Ch. 125.
Plumbing — See Ch. 167.
Sewers — See Ch. 184.
Water — See Ch. 220.
No person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living, sleeping, cooking
or eating therein, which does not comply with the following requirements:
A.
Every dwelling unit shall contain a kitchen sink in good
working condition and properly connected to a water and sewer system approved
by the Mayor and Council of Rock Hall.
B.
Every dwelling unit, except as otherwise permitted under Subsection D of this section, shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Mayor and Council.
C.
Every dwelling unit, except as otherwise permitted under Subsection D of this section, shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Mayor and Council.
D.
The occupants of not more than two dwelling units may
share a single flush water closet, a single lavatory basin and a single bathtub
or shower if:
(1)
Neither of the two dwelling units contains more than
two rooms, provided that, for the purposes of this subsection, a kitchenette
or an efficiency kitchen with not more than 60 square feet of floor area shall
not be counted as a room; and that
(2)
The habitable area of each of such dwelling units shall
equal not more than 250 square feet of floor area; and that
(3)
Such water closet, lavatory basin and bathtub or shower
shall be in good working condition and properly connected to a water and sewer
system approved by the Mayor and Council.
F.
Every dwelling unit shall be supplied with adequate rubbish
storage facilities, the type and location of which shall be approved by the
Mayor and Council.
G.
Every dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, the type and location of which shall
be approved by the Mayor and Council.
H.
Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot-water lines required under the provisions of Subsection E of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower.
(1)
Every dwelling unit shall have safe, unobstructed means
of egress leading to safe and open space at ground level.
No person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living therein, which does
not comply with the following requirements:
A.
Every habitable room shall have at least one window or
skylight facing directly to the outdoors. The minimum total window area, measured
between studs, for every habitable room shall be 10% of the floor area of
such room. Whenever walls or other portions of structures face a window of
any such room and sunlight-obstruction structures are located less than three
feet from the window and extend to a level above that of the ceiling of the
room, such a window shall not be deemed to face directly to the outdoors and
shall not be included as contributing to the required minimum total window
area. Whenever the only window in a room is a skylight-type window in the
top of such room, the total window area of such skylight shall equal at least
15% of the total floor area of such room.
B.
Every habitable room shall have at least one window or
skylight which can easily be opened or such other device as will adequately
ventilate the room.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in §§ 133-1 and 133-2, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Mayor and Council.
D.
Where there is electric service available from power
lines which are not more than 300 feet away from a dwelling, every habitable
room of such dwelling shall contain at least two separate floor- or wall-type
electric convenience outlets, or one such convenience outlet and one supplied
ceiling-type electric light fixture; and every water closet compartment, bathroom,
laundry room, furnace room and public hall shall contain at least one supplied
ceiling- or wall-type electric light fixture. Every such outlet and fixture
shall be properly installed, shall be maintained in good and safe working
condition and shall be connected to the source of electric power in a safe
manner.
E.
Every dwelling shall have heating facilities which are
properly installed, are maintained in safe and good working condition and
are capable of safely and adequately heating all habitable rooms, bathrooms
and water closet compartments in every dwelling unit located therein to a
temperature of at least 70°F. at a distance three feet above floor level,
under ordinary minimum winter conditions.
F.
Every public hall and stairway in every multiple dwelling
containing five or more dwelling units shall be adequately lighted at all
times. Every public hall and stairway in structures devoted solely to dwelling
occupancy and containing not more than four dwelling units may be supplied
with conveniently located light switches, controlling an adequate lighting
system which may be turned on when needed, instead of full-time lighting.
G.
During that portion of each year when the Mayor and Council
deem it necessary for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space shall have
supplied screens and a self-closing device; and every window or other device
with openings to outdoor space used or intended to be used for ventilation
shall likewise be supplied with screens, provided that such screens shall
not be required during such period in rooms deemed by the Mayor and Council
to be located high enough in the upper stories of buildings as to be free
from such insects and in rooms located in areas of the town which are deemed
by the Mayor and Council to have so few such insects as to render screens
unnecessary.
H.
Every basement or cellar window used or intended to be
used for ventilation and every other opening to a basement which might provide
an entry for rodents shall be supplied with a screen or such other device
as will effectively prevent their entrance.
No person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living therein, which does
not comply with the following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall
be reasonably weathertight, watertight and rodentproof; shall be capable of
affording privacy; and shall be kept in good repair.
B.
Every window, exterior door and basement hatchway shall
be reasonably weathertight, watertight and rodentproof and shall be kept in
sound working condition and good repair.
C.
Every inside and outside stair, every porch and every
appurtenance thereto shall be so constructed as to be safe to use and capable
of supporting the load that normal use may cause to be placed thereon and
shall be kept in sound condition and good repair.
D.
Every plumbing fixture and water and waste pipe shall
be properly installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean and sanitary
condition.
F.
Every supplied facility, piece of equipment or utility
which is required under this article shall be so constructed or installed
that it will function safely and effectively and shall be maintained in satisfactory
working condition.
G.
No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this article to be
removed from, shut off from or discontinued for any occupied dwelling let
or occupied by him except for such temporary interruption as may be necessary
while actual repairs or alterations are in process or during temporary emergencies
when discontinuance of service is approved by the Mayor and Council.
H.
No owner shall occupy or let to any other occupant any
vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not comply
with the following requirements:
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100 additional
square feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant shall contain at least 60 square
feet.
C.
No dwelling or dwelling unit containing two or more sleeping
rooms shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one sleeping
room can be had only by going through another sleeping room; nor shall room
arrangements be such that access to a sleeping room can be had only by going
through another sleeping room or a bathroom or water closet compartment.
D.
At least 1/2 of the floor area of every habitable room
shall have a ceiling height of at least seven feet; and the floor area of
that part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total floor area
of the room for the purpose of determining the maximum permissible occupancy
thereof.
E.
No cellar space shall be used as a habitable room or
dwelling unit.
F.
No basement space shall be used as a habitable room or
dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(2)
The total of window area in each room is equal to at least the minimum window area sizes as required in § 133-2.
(3)
Such required minimum window area is located entirely
above the grade of the ground adjoining such window area.
A.
Every owner of a dwelling containing two or more dwelling
units shall be responsible for maintaining in a clean and sanitary condition
the shared or public areas of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall keep
in a clean and sanitary condition that part of the dwelling, dwelling unit
and premises thereof which said occupant occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 133-1 of this article.
D.
Every occupant of a dwelling or dwelling unit shall dispose
of all his garbage, and any other organic waste which might provide food for
rodents, in a clean and sanitary manner by placing it in the garbage disposal
facilities or garbage storage containers required by this article. It shall
be the responsibility of the owner to supply such facilities or containers
for all dwelling units in a dwelling containing more than four dwelling units
and for all dwelling units located on premises where more than four dwelling
units share the same premises. In all other cases, it shall be the responsibility
of the occupant to furnish such facilities or containers.
E.
Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors and windows
whenever the same are required under the provisions of this article or any
rule or regulation adopted pursuant thereto, except where the owner has agreed
to supply such service.
F.
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects, rodents or
other pests therein or on the premises; and every occupant of a dwelling unit
in a dwelling containing more than one dwelling unit shall be responsible
for such extermination whenever his dwelling unit is the only one infested.
Notwithstanding the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a ratproof or
reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling units
in any dwelling or in the shared public parts of any dwelling containing two
or more dwelling units, extermination thereof shall be the responsibility
of the owner.
G.
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation thereof.
The purpose of this article is to require that dwellings be kept clean
and free from dirt, filth, rubbish, garbage and similar matter, that they
be kept free from vermin and rodent infestation and in such repair as to be
fit for human habitation; to provide for the removal of snow from sidewalks
by the owners or occupants of abutting property, to provide for the control
of weeds on vacant lots or other properties within the town limits; and to
authorize the Mayor and Council to issue orders compelling compliance with
the provisions hereof and to correct such conditions at the expense of the
property occupants or owner or owners of properties upon which violations
occur.
[Amended 8-10-1979 by Ord. No. 79-6]
For the purposes of this article, the following terms shall have the
meanings indicated:
Any house or building or portion thereof which is occupied in whole
or in part as a home, residence or sleeping place of one or more human beings,
either permanently or transiently.
A room or group of rooms intended to be occupied by one family or
household as their home and where they sleep.
A room which is designed or may be used for living, sleeping, eating or cooking. Storerooms, bathrooms, toilets, closets, halls or space in attics or basements are not habitable rooms, except as permitted in § 133-18.
Any lot or parcel of land which is improved or is proposed to be
improved with principal and accessory buildings and structures, including
driveways, signs and other man-made improvements on the ground surface.
A designated parcel, tract or area of land, established by a plat
or otherwise as permitted by law, to be used, developed or built upon as a
unit.
A lot, plot or parcel of land, including the buildings or structures
thereon.
Any open space which lies between the principal or accessory building
or buildings and the nearest lot line.
It shall be unlawful for any owner or owners, tenant or tenants or occupants
of any premises, lot or tract of land, vacant lots or any improved property
in the Town of Rock Hall to permit or maintain on any such property any accumulation
of dirt, filth, rubbish, garbage, brush, weeds or similar matter as to be
a danger to the health of any occupant thereof or hazard to the adjoining
property thereto, and such property shall be kept free from vermin and rodent
infestation. All yards, lawns, lots and vacant areas immediately adjacent
to improved property shall be kept clean and free from weeds and brush exceeding
12 inches in height. It shall be the duty of each occupant or owner of a dwelling
unit, lot or vacant area to keep in a clean condition that portion of the
property which he occupies or over which he has exclusive control. If the
occupant or owner shall fail to keep his portion of the property clean as
provided above, the Mayor and Council may send a written notice to such occupant
or owner requesting him to remedy said condition within the time specified
in said notice, said time not to be less than three days. Failure of such
occupant or owner to comply with such notice within such time shall be deemed
a violation of this article, and, upon conviction, such occupant or owner
shall be subject to the penalty or penalties herein provided.
Every dwelling and every part thereof shall be maintained in such good
repair by the owner or agent as to be fit for human habitation.
A.
Whenever any dwelling or any building, structure, excavation,
matter, condition or thing in or about a dwelling or the lot on which it is
situated or the plumbing, sewerage system, drainage, light or ventilation
thereof is found by the Mayor and Council to be dangerous or detrimental to
life or health, the Mayor and Council may order that matter, condition or
thing to be removed, abated, suspended, altered or otherwise improved, as
the order shall specify. If any such order of the Mayor and Council issued
under the authority of the provisions of this section is not complied with
within three days after service thereof, then such order may be executed by
the Mayor and Council through the town's officers, agents, employees
or contractors, and the expense incurred incident to the execution of said
order shall be paid by the owner of said property, and such expense may be
recovered by the town by appropriate legal action, or the Mayor and Council
may order such premises vacated until such premises shall be made to comply
with the conditions of this article. Before proceeding to execute such order,
a copy of such notice shall be sent to the owner of the property or his agent
if names and addresses, on diligent search, can be ascertained, and such notice
shall be posted on said premises at least three days before the town shall
proceed to incur such expenses, unless the condition is of such character
as to require immediate action, in which case the time of the notice shall
be such as, in the judgment of the Mayor and Council, is reasonable and proper.
B.
Whenever it shall be found by the Mayor and Council that
a dwelling is unfit for human habitation or is dangerous to life or health
by reason of want of repair, of defects in the drainage, plumbing, lighting,
ventilation or the construction of the same, by reason of the existence on
the premises of any occupants of said dwelling or for any other causes affecting
the public health, the Mayor and Council may issue an order requiring such
dwelling to be vacated after the expiration of 15 days from the date that
said order was served on the owner or occupant and he has been given an opportunity
to be heard. A copy of such order shall be sent to the owner of the property
or his agent if names and address, on diligent search, can be ascertained.
The dwelling so ordered to be vacated shall not again be occupied until a
written statement shall have been secured from the Mayor and Council showing
that the dwelling has been made to comply with this or any other existing
law and has been made fit for occupancy.
Whenever any person or persons shall be in actual possession of or have
charge, care or control of any property within the town limits as executor,
administrator, trustee, guardian or agent, such person or persons shall be
deemed and taken to be the owner or owners of such property within the intent
and meaning of this article and shall be bound to comply with the provisions
of this article to the same extent as the owner, and notice to any such person
of any order or decision of the Mayor and Council shall be deemed and taken
to be a good and sufficient notice as if such person or persons were actually
the owner or owners of such property.
The Mayor and Council are hereby authorized and empowered to make and
adopt such rules and regulations as they may deem proper and necessary for
the enforcement of this article for the better production of the health of
the town under the authority granted by this section.
The basement or cellar of any dwelling shall be dry and ventilated and
shall be kept free from rubbish accumulation and rodent infestation.
Every dwelling and every dwelling unit shall be weatherproof and capable
of being adequately heated, and the heating equipment in every building or
dwelling unit shall be maintained in good order and repair.
The floors and walls of every dwelling and every dwelling unit shall
be kept free from dampness.
Every habitable room in a dwelling or dwelling unit shall contain a
window or windows opening directly to the outside air, and the total area
of such window and windows shall not be less than 10% of the floor area of
such room. All window sashes shall be glazed and provided with suitable hardware
and shall be made to open to the extent of not less than 5% of the floor area
of such room.
No room in any basement or cellar shall be occupied as a habitable room
unless:
A.
The clear inner height is at least seven feet.
B.
The uppermost three feet of the required clean inner
height is above the average outside ground level.
C.
The floor and walls are waterproof and dampproof in accordance
with an approved method, if in contact with earth. Such waterproofing shall
be between the floor or wall finish and the ground.
No room shall be used for sleeping purposes unless there is at least
400 cubic feet of air space and 50 square feet of floor space for each adult
and at least 200 cubic feet of air space and 30 square feet of floor space
for each child under the age of 12 years occupying such room. No room used
for sleeping purposes shall have a floor area of less than 60 square feet.
The occupancy of any dwelling unit having more than one habitable room
shall not exceed an average of 11/2 persons per habitable room. For the purpose
of this regulation, any child under one year of age shall be deemed to be
1/2 person.
In every dwelling unit containing two or more rooms, there shall be
running water and at least one sink connected to an approved sewage disposal
system.
Where more than two persons occupy any dwelling unit, food shall not
be prepared or cooked in any room used for sleeping purposes.
There shall be at least one water closet for each 10 persons or fraction
thereof occupying a dwelling, which water closet shall be within and accessible
from within the building. The use of antifreeze toilets that have cross-connections
between the water supply and sewer system is expressly prohibited.
All plumbing, water closets and other plumbing fixtures in every dwelling
or dwelling unit shall be maintained in good order and repair.
Every toilet and every bathroom in a dwelling shall be provided with
adequate light and ventilation, four square feet of free air space or its
equal in forced ventilation.
Every dwelling and every dwelling unit shall be provided with such receptacles
to contain all garbage, rubbish and ashes as may be necessary, and all such
receptacles shall be at all times maintained in good order and repair. Receptacles
for garbage shall be made of metal, watertight, provided with tight covers
and shall not exceed 20 gallons in capacity. All rubbish and ashes shall be
deposited in suitable receptacles for collection. However, such receptacles
shall not exceed 100 pounds' capacity when filled.
There shall be for each dwelling unit a separate access either to a
hallway, landing, stairway or street.
It shall be unlawful for any person, persons or corporation to place,
store or accumulate an excessive amount on public or private property within
the town limits of any empty oyster shells, clamshells or other seafood refuse
in excess of one bushel per day so as to create a health hazard that would
be detrimental to the citizens of the town. This shall not be applicable to
any individual private homeowner or individual family. Any person, persons
or corporation that has a bushel of empty shells or refuse as aforesaid on
its premises must remove the same outside the town limits within 24 hours.
All courts, yards or other areas on the premises of every dwelling shall
be properly graded and drained.
Whenever the violation of any of the foregoing rules shall continue
for a period of 15 days, the Mayor may notify the owner of the premises wherein
such violation occurs that he has been advised of such violation and that
a hearing will be held at a time and place stated in said notice by the Mayor
and Council not less than five days thereafter, at which time said owner may
be heard, and if, upon said hearing, the Mayor and Council are satisfied that
such violation exists, they may thereupon order said condition to be abated;
and unless the owner of said property makes the necessary changes so as to
comply with said rules and regulations, the Mayor and Council shall have the
right to cause said building to be vacated and to remain vacated until said
rules have been complied with.
The foregoing §§ 133-6 through 133-28, both inclusive, contain minimum requirements for the protection of health and are in addition and supplementary to any other ordinances, laws, rules and regulations, and nothing therein shall be construed to affect in any manner any of the powers and duties of the State Board of Health or County Board of Health or any public general law or public local law relating to the subject of health.
[Added 3-7-1991 by Res. No. 91-1]
Within the context of a small rural town, the Town of Rock Hall, Maryland,
defines an area of slum and blight as an area with 25% of buildings or public
improvements in a state of deterioration or neglect. The percent of public
facilities is a combination of all facilities. An area must meet at least
one of the following conditions:
A.
An area shows objectively determinable signs of physical
deterioration or dilapidated buildings. At least 1/4 of all the buildings
in the area must be in a state of deterioration and/or neglect. One indicator
of deterioration and neglect is a history of long-term vacancy of structure.
Physical deterioration of buildings includes but is not limited to loosened
brick joints; peeling paint; broken windows; cracked walls and foundations;
lack of adequate fire exits; faulty or nonexisting smoke detectors; structural
flaws; under porches or steps; rotted or malfunctioning rain gutter; broken,
loosened or lacking exterior siding; rotted wood soffit or sill plates; missing
roof shingles; sagging roof structures; and other fire and safety hazards
in violation of federal, state and local laws, including the BOCA Building
Code and Livability Code administered by Kent County. Fire and safety hazards
will include old wiring in which the exterior casing is frayed, cracking and
missing creating exposed areas of wires; disconnected and derelict power cables
and meter hoses left attached to buildings; and poorly secured or unsecured
power cables.
B.
Public improvements throughout the area are in a general
state of deterioration or are found to be substandard. Deterioration of public
facilities includes cracked, broken and nonexisting sidewalks and curbs; oversized
sidewalks which are inconsistent in size and create small congested traffic
lanes; streetlights and utility poles which are poorly located and do not
provide adequate lighting for pedestrians; utility poles out of plumb and
located in a way so as to obstruct pedestrian and vehicle traffic; an accumulation
of overhead utility wires which through its mass creates a visual blight on
the streetscape; substandard water and sewer facilities, including water lines
not at proper depth; and any fire and safety hazards in violation of federal,
state and local laws.
