A. 
Appointment. The Housing Official shall be a natural person appointed as such by the Mayor with the approval of the Council. The Housing Official shall serve at the pleasure of the Mayor.
B. 
Qualifications. The person appointed or designated as Housing Official shall have either a bachelor of science degree in engineering or appropriate related experience.
C. 
Duties. It shall be the duty of the Housing Official to enforce the provisions of this chapter. All questions of interpretation and enforcement shall be first presented to the Housing Official, and such questions shall be presented to either the Housing Review Board or the Mayor and Council, as hereinafter provided, only on appeal from the decision of the Housing Official, and recourse from the decision of the Housing Review Board or the Mayor and Council shall be the Circuit Court of the county.
A. 
Notice of violation. Upon a determination by the Housing Official that a violation of any provision of this chapter exists or has occurred, he shall promptly serve upon the person responsible for such matter under the provisions hereof a written notice setting forth the following:
(1) 
The nature of the defect or violation.
(2) 
The action which must be taken to cure the defect or violation.
(3) 
The time within which the defect or violation must be corrected or removed, which time period shall in no event be greater than 90 days following the service of said notice, except in those cases which the Housing Official shall determine to be emergencies, in which such cases the time period shall be no greater than 30 days.
B. 
Eviction.
(1) 
Notice. When the Housing Official shall determine that the defects constituting violations of this chapter are such as to pose a threat to the health and/or safety of the occupants of the structure, he shall serve upon the occupant and the owner, if different than the occupant(s), together with the written notice required in Subsection A above, a written notice that the structure is to be vacated within 30 days of the date of service of the notice to vacate and is to remain vacant until such time as the defects or violations have been corrected.
(2) 
Posting. At the time of the service of the notice as herein provided, the Housing Official shall affix or see that there is affixed in a prominent location on the structure a notice to the effect that the structure is not to be used for human habitation. It shall be the owner's responsibility to see that the notice shall remain affixed to the structure until such time as the required repairs or improvements have been made and that failure to do so shall constitute a violation of this chapter and subject the owner to the penalties as herein provided.
(3) 
It shall be the owner's responsibility to see that the structure is vacated and remains vacant in accordance with the aforesaid notice to vacate, and his failure to do so shall constitute a violation of this chapter, and he shall be subject to the penalties hereinafter provided.
C. 
Appeals.
(1) 
Housing Review Board. Any person upon whom a notice of violation and/or a notice to vacate has been served as herein provided shall have the right to appeal the same to the Housing Review Board, provided that written notice of such an appeal is served upon the Housing Official and/or the Town Manager within 10 days of the service of such notice.
(2) 
Appeals to courts. The Mayor and Council, the Planning Commission or any person with standing, aggrieved by any decision of the Housing Review Board, may appeal the same to the Circuit Court of Worcester County.
(3) 
Time for appeal. The time for appeal shall be governed by the Maryland Rules of Procedure and shall run from the date of the mailing of the decision and findings of fact to the person bringing the appeal to the Housing Review Board and to all other parties who have requested the findings and decision in writing at the hearing.
(4) 
Costs. Cost shall not be allowed against the Housing Review Board or Housing Official unless it shall appear to the Circuit Court that the Board acted with gross negligence or bad faith or with malice in making the decision appealed from.
(5) 
Decision of Circuit Court; appeals to other courts; costs. An appeal may be taken to the State Court of Special Appeals or the State Court of Appeals during the period and in the manner prescribed by the rules of the Court of Appeals, from any decision of the Circuit Court. In such cases, the award of costs shall be subject to the discretion of the Appellate Court.
A. 
Notice. Whenever the Housing Official shall determine that the defects or violations existing in a structure render the same unfit for human habitation and the notices required by § 101-17 above have been duly served and the repairs have not been completed within the time set for in said notices, he shall promptly serve upon the owner of the structure a written notice setting forth the following:
(1) 
That the structure is condemned as a public nuisance by reason of the owner's failure to make the required repairs.
(2) 
That the structure must be demolished and all debris removed from the site within a stated period which will in no event be more than 120 days.
(3) 
That the owner's failure to demolish the building within the stated period shall constitute a violation of this chapter and subject him to the penalties as provided herein, and further, that the Mayor and Council may seek an enforcement of the demolition order through the appropriate court at the expense of the owner.
(4) 
That the owner may request a hearing before the Mayor and Council as to the demolition order, provided that such request is in writing and is served upon the Town Manager within 10 days of the service of the demolition order upon the owner.
B. 
At the time of the service of a demolition order as in this section provided, the Housing Official shall deliver a copy of the same to the Mayor and Council and/or the Town Manager.
C. 
Hearing.
(1) 
Upon receipt of a timely request for a hearing, the Mayor and Council shall promptly schedule a public hearing and shall give 10 days' written notice thereof to the owner and shall also give public notice thereof once in a newspaper having general circulation in the town.
(2) 
The public hearing shall be recorded stenographically or electronically.
(3) 
At said public hearing, testimony may be offered by or on behalf of the owner and the Housing Official and by any party with standing. In addition to such testimony, the Mayor and Council may request the testimony of additional witnesses if they, in their sole discretion, should determine that to be necessary in reaching a proper decision.
(4) 
The Mayor and Council shall render a written decision setting forth their findings of fact, which said decision and findings shall be mailed to the owner and to such other parties who shall have requested the findings and decision in writing at the hearing.
D. 
Appeal.
(1) 
Parties. The Housing Review Board, the Planning Commission or any person with standing, aggrieved by any decision of the Mayor and Council, may appeal the same to the Circuit Court for Worcester County.
(2) 
Time for appeal. The time for appeal shall be governed by the Maryland Rules of Procedure and shall run from the date of the mailing of the decision and findings of facts to the applicant and all other parties who have requested the findings and decision in writing at the hearing.
(3) 
Record; additional testimony. If, upon a reading of the record, it shall appear to the Court that additional testimony or other evidence is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with the proposed findings of fact and conclusions of law, which will constitute a part of the proceedings from which the determination of the Court shall be made.
(4) 
Costs against the Mayor and Council. Costs shall not be allowed against the Mayor and Council unless it shall appear to the Circuit Court that the Mayor and Council acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(5) 
Decision of Circuit Court; appeal to other courts; costs. An appeal may be taken to the State Court of Special Appeals or the State Court of Appeals during the period and in the manner prescribed by the rules of the Court of Appeals from any decision of the Circuit Court. In such cases, the award of costs shall be subject to the discretion of the Appellate Court.
E. 
Enforcement of demolition order. At the termination of the time period set forth in the Housing Official's order for demolition or at the end of any period for demolition established by the Mayor and Council in a hearing as hereinabove set forth or at the completion of an appeal to either the Circuit Court or one of the State Appellate Courts, if the owner has not demolished the property in accordance with said order, the Mayor and Council may forthwith file an appropriate action with the Circuit Court for Worcester County to have the order for demolition enforced with all costs of such court action, including attorneys fees, to be at the expense of the owner.
A. 
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may report the same, either verbally or in writing, to the Housing Official or the Housing Official may initiate a complaint. Complaints shall constitute public records and shall be filed immediately in a permanent file by the Housing Official. Upon the filing of a complaint, the Housing Official shall immediately investigate and take action thereon as provided by this chapter.
B. 
In investigating a complaint, the Housing Official may enter any building, structure, dwelling or premises either with the express permission of the owner or the occupant or by proper legal authorization, and such entry shall not constitute a trespass.
Violations of the provisions of this chapter or failure to comply with any of its requirements shall constitute a municipal infraction. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $400. Each and every day such violation occurs may be considered a separate offense without the necessity for additional notice or process. Where the jurisdiction of the District Court of Maryland is invoked, to the maximum extent reasonable, the Court shall order the violation removed or corrected and may issue such additional orders as the Court may deem appropriate to safeguard against future violations of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 10-8-2024 by Ord. No. 2024-13]
A. 
Establishment and composition.
(1) 
The Mayor and Council shall appoint a Housing Review Board consisting of five members who are adults and citizens of Snow Hill. Members shall be selected for their understanding and appreciation of housing principles, knowledge of conditions in the community, its housing objectives and policies, general civic interest as opposed to special or private interest and a fair and judicial approach.
(2) 
Each appointment shall be for a three-year term. A person shall be permitted to serve two consecutive three-year terms and may not be appointed for a further term until at least one year has passed since the end of his second consecutive term.
(3) 
The members of the Board shall serve without compensation.
(4) 
The members of the Board shall elect a Chairman. Three members of the Board in attendance shall constitute a quorum.
B. 
Meetings. The Board shall meet at such times as its membership shall determine to be necessary or as required to hear appeals as herein otherwise provided. All meetings of the Board shall be open to the public, and all meetings in the nature of a public hearing shall be transcribed either stenographically or electronically.
C. 
Powers and duties. The Housing Review Board shall have the following powers and functions:
(1) 
Administrative review. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Housing Official in the administration or enforcement of this chapter, with the exception of matters having to do with orders of demolition, which shall be the sole responsibility of the Mayor and Council as herein otherwise provided. To hear and decide appeals from a determination under Chapter 134, Article II, that a property is vacant and to hear and decide authorized fee waiver requests under Chapter 134, Article II.
(2) 
Interpretation. To hear and decide any conflict concerning the interpretation of the provisions of this chapter.
(3) 
Variances. To authorize, upon appeal, in specific cases such variances from the terms of this chapter as will not be contrary to public interest where, owing to the special conditions, a literal enforcement of the provisions of this chapter would result in undue hardship. A variance from the terms of this chapter shall not be granted unless and until the applicant has demonstrated each of the following:
(a) 
Special conditions or circumstances exist which are peculiar to the structure or building involved.
(b) 
The special conditions or circumstances did not result from actions of the applicant.
(c) 
Granting the variance requested will not confer upon the applicant any special privilege that is denied by this chapter to other buildings or structures.
(4) 
Time extensions. To authorize, on appeal, extensions of time to make the corrections or repairs required by order of the Housing Official; provided, however, that in no event shall such additional period exceed 120 days.
(5) 
Conditions. In granting any variance or time extension, the Housing Review Board may prescribe appropriate conditions and safeguards in conformity with this chapter and other regulations. Violations of such conditions and safeguards, when granted, shall be deemed a violation of this chapter, shall be punishable under the penalties hereinabove set forth and, at the discretion of the Board after notice and hearing, shall be grounds for termination or revocation of the variance or time extension itself.
D. 
Findings of fact and written decision. All decisions made by the Housing Review Board shall be in writing and shall include findings of facts in support of the decision made. A copy of the decision and findings of fact shall be mailed to the party(ies) applying for the decision and to any other interested person who shall request a copy of the same at the meeting or hearing.