This Article III contains those sections which pertain to the general administration of these regulations. Subjects covered in this article include enforcement and penalties; process for appeal, condemnation and demolition procedures; proper service of notice; and the transfer of property that has received an order pursuant to the provisions of this code. This article also affixes the responsibility of persons.
A.
Code Official. The Code Official shall issue all notices
and orders necessary to ensure compliance with this code.
B.
Service of notice.
(1)
Notice shall be deemed to be properly served upon
a property owner or tenant by one of the following methods:
(2)
If the certified or registered letter is returned
with receipt showing that it has not been delivered, notice shall
be served by posting a copy of it in a conspicuous place in or about
the structure affected by the notice with a copy sent by first-class
mail to the person's last known address.
A.
Enforcement. The Code Official shall enforce the code consistent with its stated intent, § 88-4, and interpretation, § 88-5. Whenever the Code Official has probable cause to believe any provision of this code has been violated, he may take appropriate action to enforce its provisions, including entry upon the land, premises, structure, or housing unit of any person, operator, or tenant for the purpose of conducting any inspection, issuing, serving, or delivering any notice, order, or citation.
B.
Complaints.
(1)
A complainant must first give written notice of the
alleged violations to the property owner, operator, or tenant describing
the nature and location of the alleged violations with sufficient
particularity to allow correction. If the recipient fails to correct
the violation within a reasonable time, the complainant may file a
written complaint with the Code Official.
C.
Inspection.
(1)
Notice. If the Code Official receives a proper complaint
or has reasonable grounds to suspect that a structure, premises, part
thereof, or equipment contained within does not comply with the provisions
of this code, the Code Official shall issue a notice to the property
owner and the tenant that an inspection of the premises is to occur.
(2)
Right of entry. The Code Official is authorized to
enter a structure, housing unit, or premises at any reasonable time
upon providing reasonable notice to the property owner or operator,
and tenant for the purpose of making inspections, verifying compliance
with orders and performing other duties under this code. Reasonable
notice shall be construed as a minimum of one week from date of the
notice except in cases of emergency when the inspection may take place
immediately. An emergency exists when the Code Official has probable
cause to believe the health, safety, or welfare of an occupant is
or may be in imminent peril from a serious and substantial defect.
It is a violation of this code for a property owner, operator, or
tenant of the premises, structure, or housing unit to refuse, impede,
inhibit, interfere with, restrict or obstruct entry and free access
to any part of the structure, premises, or housing unit where inspection
is authorized by this code. In addition to the issuance of a citation
for any such violation, the County may seek, in a court of competent
jurisdiction, an order that the property owner, tenant, or operator
cease and desist from the interference.
(3)
Credentials. The Code Official shall disclose his
credentials for the purpose of inspecting a structure or premises.
(4)
Coordination of inspection. The Code Official shall,
to the extent practical, coordinate inspection of the premises, structure,
or housing unit and the subsequent issuance of orders with any other
interested governmental official or agency; provided, however, that
the Code Official shall not cause the delay of the issuance of any
emergency orders.
D.
Repair order.
(1)
Written order. Upon determination, through an authorized
inspection, that a structure and/or premises does not comply with
the requirements put forth in this code, the Code Official shall issue
a written repair order to the property owner or tenant advising the
following:
(a)
The nature of the noncompliant condition with
references to the applicable code sections;
(b)
A reasonable time to make the repairs, improvements
or corrective actions. A reasonable time to make repairs, improvements
or correct defective conditions shall take into account the severity
of the defects or conditions and the danger which they present to
the occupants. There is a rebuttable presumption that a period in
excess of 30 days from receipt of notice is unreasonable;
(c)
The date upon which the property will be reinspected
for completion of the repairs, improvements or corrective actions;
(d)
The person's right to request reconsideration
of the repair order within 10 working days from service of the order;
and
(e)
That failure to request reconsideration in a
timely manner will result in a loss of the opportunity to contest
the order.
E.
Condemnation.
(1)
General. When a structure, premises, housing unit,
or part thereof is found by the Code Official to be unsafe or unfit
for human occupancy or use, the Code Official may condemn the structure,
premises, housing unit or part thereof, and may order the structure,
premises, housing unit or part thereof to be vacated and/or placarded
pursuant to the provisions of this section. Unsafe equipment may also
be condemned, placarded, and placed out of service pursuant to the
provisions of this section.
(2)
Unsafe structure. An unsafe structure is one where
all or part of it is found by the Code Official to be dangerous to
life, health, property, or the safety of its tenants by not providing
minimum protection from fire or because it is so damaged, decayed,
dilapidated, structurally unsafe, or of such faulty construction or
unstable foundation that it is likely to partially or completely collapse.
(3)
Structure or housing unit unfit for human occupancy.
A structure or housing unit is unfit for human occupancy or use whenever
the Code Official finds that it is unsanitary, vermin- or rodent-infested,
contains filth or contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code.
(4)
Unsafe equipment.
(a)
Unsafe equipment includes any boiler, heating
equipment, cooking equipment, elevator, moving stairway, electrical
wiring or device, flammable liquid containers or other equipment on
the premises or within the structure which is in such disrepair or
condition that it is found by the Code Official to be a hazard to
life, health, property, or safety of the tenants of the premises or
structure.
(b)
Unsafe equipment may contribute to the finding
that the structure is unsafe or unfit for human occupancy or use.
(5)
Condemnation order.
(a)
Written order. Upon determination, through an
authorized inspection, that a structure, premises, housing unit or
part thereof, or equipment is unsafe or unfit, the Code Official shall
issue a written condemnation order to the property owner and the tenant
advising the following:
[1]
The reason(s) why the structure, premises, housing
unit, part thereof, and/or equipment is being condemned and/or placed
out of service;
[2]
The date on which the structure, premises, housing
unit, part thereof, and/or equipment will be placarded and/or placed
out of service;
[3]
Whether the conditions pose any danger to the
occupant's health, safety or welfare and if so, the severity of the
danger;
[4]
Whether the structure, premises, or housing
unit is to be vacated and the date by which it must be vacated. The
time specified for vacating shall take into account the severity of
the unsafe and/or unfit conditions of the structure, premises, housing
unit and/or equipment and the degree of danger posed to the occupants;
[5]
The property owner's responsibility for relocation
of the tenants as prescribed by this section;
[6]
The property owner's right to request reconsideration
of the condemnation order within 10 working days from service of the
order; and
[7]
That failure to request reconsideration in a
timely manner will result in a loss of the opportunity to contest
the order.
(6)
Displacement.
(a)
General. A person is considered displaced if
he or she is the occupant of a structure, premises, or housing unit
which has been condemned and ordered vacated by the Code Official,
or it becomes necessary to vacate a structure, premises, or housing
unit in order to make major renovations and/or repairs that are caused
directly or indirectly by the enforcement of this code.
(b)
Alternative housing of comparable affordability.
A person displaced by enforcement of the Minimum Livability Code shall
be provided with alternative housing of comparable affordability within
a reasonable distance of the vacated premises. Under this section,
"reasonable distance" shall be interpreted and construed with due
regard to the rural nature of the County, and with particular reference
to the location of employment, schools, and shopping. "Comparable
affordability" shall be defined as the reasonable rental value of
a similar size unit that complies with the requirements of the code.
(c)
Payment for alternative housing. The property
owner of any premises, structure, or housing unit has a duty to obtain,
provide, and pay for alternative housing to a displaced occupant,
provided that the occupant is otherwise entitled to continued and
uninterrupted possession of the premises pursuant to the terms of
a lease; the condemnation or repair order issued by the Code Official
interrupts the occupant's right to continued and uninterrupted possession;
during displacement the occupant continues to pay rent in the amount
set forth in the lease; and the occupant did not cause or create the
condition which resulted in the condemnation or repair order. The
property owner's responsibility includes the obligation to pay any
required security deposit.
[1]
In the event the property owner fails, neglects,
or refuses to obtain, provide, or pay for alternative housing, or
is unable or unwilling to do so, the occupant may obtain alternative
housing of comparable affordability. The property owner shall be liable
to pay the difference, if any, in rent during the lesser of the term
of the unexpired portion of the lease, including up to one renewal,
or the period of construction and repair of the premises pursuant
to the repair order.
[2]
Remedies. In the event the property owner refuses,
fails or neglects to pay the difference in rent for the occupant's
alternative housing, the property owner shall be liable to reimburse
the occupant for the difference, and shall be liable for treble damages,
plus reasonable attorney's fees, to the occupant or any governmental,
social service, or private nonprofit agency providing rental assistance
to the occupant.
(d)
Emergency relocation. The Code Official is authorized to relocate a tenant or occupant to temporary shelter when an emergency exists. An emergency exists when the Code Official has probable cause to believe that the health, safety, or welfare of an occupant is or may be in imminent peril from a serious and substantial defect. The property owner shall be responsible for the payment of any expense incurred to relocate an occupant in an emergency. The Code Official shall make reasonable efforts to notify a property owner of the existence of the emergency, the proposed relocation, the anticipated cost, and to give the property owner a reasonable opportunity to effect suitable alternative living arrangements for the occupant at the property owner's expense. Any unpaid expense incurred to relocate an occupant in an emergency may be charged against the property on the next regular tax bill and shall be enforceable against the property to the same extent and in the same manner as unpaid property taxes. Nothing herein relieves a property owner of the obligation to obtain alternative housing in accordance with Subsection E(6)(c) above. The remedies and provisions for treble damages and attorneys fees set forth in Subsection E(6)(c) also apply to unpaid expenses incurred for emergency relocation.
(e)
Other remedies. Nothing in this section is intended
to effect remedies otherwise available by law, including without limitation
the tenant rent-escrow provisions of Md. Code Ann., Real Property
Art., § 8-211, as amended.
(7)
Reoccupancy of condemned structure. A condemned structure
or equipment may not be reoccupied or placed back in service without
the written approval of the Code Official.
(8)
Removal of placard. A property owner or tenant may
not deface or remove a condemnation placard posted by the County without
the approval of the Code Official.
F.
Demolition.
(1)
General. The Code Official may order the demolition
of a vacant structure or accessory structure if:
(a)
It is declared unsafe or unfit for human habitation;
and
(b)
Repairs are unwarranted due to the condition
of the structure; and
(c)
It is determined to be a hazard to the public
health, safety or welfare; and
(e)
The property owner fails to either correct the
conditions or to demolish the structure within a reasonable time.
(2)
Demolition order.
(a)
Written order. A demolition order issued by
the Code Official shall:
[1]
Provide a reasonable time within which the structure
must be demolished;
[2]
Advise the property owner of his right to request
reconsideration within 10 working days from service of the order;
and
[3]
Advise the property owner that failure to request
a reconsideration in a timely manner will result in the loss of the
opportunity to contest the order.
(3)
Removal of debris and demolition permit. Demolition
shall be conducted only after issuance of a demolition permit by the
Planning Office and shall include the removal of all debris and the
filling in of the excavation remaining on the property in a manner
as to eliminate any potential danger to the public health, safety
or welfare.
(4)
Other remedies. The provisions in this subsection
do not abolish or impair any remedies available to Talbot County or
its officers or agencies relating to the removal or demolition of
any structures which are deemed to be dangerous, unsafe, and unsanitary.
G.
Reconsideration.
(1)
General. A person aggrieved by a notice from the Code Official may apply for a reconsideration within 10 working days from service of the notice or order. A person may not request reconsideration of a compliance date only, but must instead obtain any extension from the Code Official in accordance with Subsection H of this section.
(2)
Application. A request for reconsideration shall be
in writing, shall state all grounds relied upon, and shall be signed
by the person aggrieved.
(3)
Informal conference.
(a)
The Code Official shall schedule an informal
conference to occur within seven working days from the receipt of
the application for reconsideration.
(b)
The Code Official shall advise the applicant,
in writing, of the time and place of the conference.
(c)
The informal conference shall not be postponed
or rescheduled except for good cause based upon a subsequent emergency
as determined by the Conference Director.
(4)
Grounds for revocation or modification. At the informal
conference, the applicant shall be permitted to present grounds for
reconsideration of the notice or order, and may rely upon experts
and/or the assistance of counsel.
(5)
Conference members. The Talbot County Housing Coordinator
or his designee shall act as Conference Director. The Conference Director
may request any or all of the following other persons to be present
at the informal conference:
(a)
The Code Official.
(b)
The person who performed the inspection of the
structure or premises if different from the Code Official.
(c)
The tenant, or the property owner if the reconsideration
is initiated by the tenant.
(d)
Any other party whom the Conference Director
believes can provide information necessary to make a proper determination.
(6)
Decision. The Conference Director shall, within five
working days from the conference, issue a written order to the applicant
and the Code Official confirming, modifying, or revoking the original
order.
(a)
Confirmed order. When the Conference Director
confirms the order, he/she shall issue to the aggrieved person a confirmed
order advising the following;
[1]
That the order has been confirmed by the Conference
Director;
[2]
The date upon which the repairs, improvements
or corrective action must be completed;
[3]
The date the property will be reinspected for
completion of the repairs, improvements or corrective actions; and
[4]
The person's right to appeal the confirmed order
within 10 working days from service to the Board of Appeals.
(b)
Modified order. When the Conference Director
modifies or revokes the order, he/she shall issue to the aggrieved
person a modified order advising the following:
[1]
That the order has been modified or revoked
by the Conference Director;
[2]
If modified, the exact modifications that have
been made to the order;
[3]
The date upon which the modified repairs, improvements
or corrective actions must be completed;
[4]
The date the property will be reinspected for
completion of the repairs, improvements or corrective actions; and
[5]
The person's right to appeal the modified order
within 10 working days from proper service to the Board of Appeals.
H.
Extension for compliance.
(1)
General. A person who has received a notice or order
from the Code Official may request additional time to complete the
actions required by the notice or order.
(2)
Written request. A request for extension must be submitted
in writing to the Code Official and state all of the following:
(3)
Grant of extension. The Code Official shall grant
extensions for compliance only upon finding that:
(a)
The extension will not endanger the health,
safety or welfare of the occupants;
(b)
The applicant has demonstrated a reasonable
and good-faith attempt to comply with original date;
(c)
The applicant cannot meet the original date
because of unforeseen circumstances beyond the applicant's control;
and
(d)
The amount of extra time requested is reasonable.
I.
Final order. Upon determination by the Code Official
that a property owner or tenant has failed to comply with a repair
order, confirmed order, modified order or other properly issued notice
or order, he shall issue to the alleged violator a final order advising
the following:
(1)
That full compliance with the repair, confirmed, modified
or other order must be met within 10 working days from service of
the final order.
J.
Retaliatory evictions. A landlord or property owner who evicts any occupant from a residential structure or housing unit subject to the application of this code, or who arbitrarily increases the rent or decreases the services to which the occupant has been entitled solely because the occupant has filed a written complaint with the landlord, property owner, or the Code Official, is subject to the penalties prescribed under § 88-21.
K.
Effect on other laws. The provisions of this Minimum
Livability Code are in addition to and supplement any state, federal
or local law. Pursuit of any right or remedy hereunder shall not limit
or preclude pursuit of any other existing legal or equitable remedy.
A.
Appealable order. A person may appeal a confirmed
order or modified order to the Talbot County Board of Appeals within
10 working days from service of the order.
B.
Procedure. The appeal shall be heard in accordance
with the rules of procedure adopted by the Board of Appeals.[1] In a proceeding under this section, the Board may;
C.
Judicial review. A person may appeal the decision
of the Board of Appeals to the Circuit Court for Talbot County.
A.
Scope. Only the property owner is responsible for
compliance with the provisions of this code, and only the property
owner may be cited for violations of it, except as provided in this
section.
B.
General. A property owner is not responsible for a
violation of this code that is caused solely by the negligent, wrongful
or malicious act or omission of a tenant.
C.
Sanitary condition.
(1)
Cleanliness.
(a)
The tenant shall be responsible for keeping
that part of the structure or premises which the tenant occupies,
controls, or uses in a clean and sanitary condition including the
disposal and storage of rubbish and garbage generated by the tenant.
(b)
Each property owner of a structure containing
two or more housing units shall maintain, in a clean and sanitary
condition, the common areas of the structure and premises.
(c)
In the case of a mobile home park, the property
owner of the park shall maintain the common areas of the park in a
clean and sanitary condition.
(2)
Supplied fixtures and equipment.
(a)
The tenant shall be responsible for keeping
owner-supplied equipment and fixtures clean and sanitary, and for
the exercise of reasonable care in their proper use and operation.
(b)
The property owner shall be responsible for
maintaining the equipment and fixtures in good and proper operating
condition.
(3)
Furnished by tenant. The tenant shall be responsible
for the maintenance of equipment and fixtures furnished by the tenant.
The equipment and fixtures shall be properly installed, and shall
be maintained in good working condition, kept clean and sanitary,
and free of defects, leaks, or obstructions.
D.
Extermination. If necessary, the property owner shall
be responsible for extermination within all structures and housing
units and on the premises before renting or leasing the structure
and for one month thereafter.
E.
Smoke detectors. The tenant shall be responsible for
supplying batteries as needed to keep owner-installed smoke detectors
in working order.
A property owner who has received a repair order,
condemnation order, demolition order, confirmed order, modified order,
or final order, or upon whom a civil citation has been served, may
not sell, transfer, mortgage or otherwise dispose of the premises
until:
A.
The provisions of the order or citation have been
complied with; or
B.
The property owner shall first furnish the grantee,
transferee or mortgagee a true copy of the notice or order issued
by the Code Official and shall furnish to the Code Official a signed
and notarized statement from the grantee, transferee or mortgagee,
in which he/she acknowledges receipt of the notice or order. The property
owner shall remain responsible for the repairs, improvements, or corrective
actions unless the notarized statement from the grantee, transferee
or mortgagee states that he/she fully accepts and assumes the responsibilities,
without condition, for making the corrections or repairs as required
by the notice or order.
A.
Criminal penalty. A property owner or tenant who willfully violates any provision of this code, who knowingly permits another to do so, or who violates a final order issued pursuant to § 88-17I may be prosecuted for a misdemeanor and on conviction for each violation is subject to a fine not exceeding $500 for each day that the violation exists or imprisonment not exceeding three months, or both.
B.
Civil penalty. A property owner or tenant who violates any provision of this code, who knowingly permits another to do so, or who violates a final order issued pursuant to § 88-17I shall, on citation issued under the provision of this subsection, be deemed to have committed a civil violation and shall pay to the County a civil fine in the amount specified in this subsection. Each day that a violation continues shall be considered a separate offense for the purposes of civil penalties.
(1)
Amount of fine. The civil fine shall be in the amount
shown below:
(2)
Enforcement procedures. All penalties, procedures
for enforcement, abatement, and other provisions concerning enforcement,
abatement, violations, and penalties shall be specified by Md. Code
Ann., Local Government Article, § 6-102 et seq., which is
incorporated by reference herein. All references to "municipal," "municipality"
or other such terms in § 6-102 et seq. shall refer to Talbot
County, Maryland, and all references to "enforcement officer(s)" shall
refer to the Code Official. Whenever Talbot County seeks abatement
of a civil violation through issuance of a uniform municipal infraction/civil
citation, the Code Official shall issue the citation under the "Municipal
Infractions" section of the citation and not under the "Civil/Code
Violations" section of the citation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Other penalties. A penalty ordered under this code
is in addition to and is not a substitute for any other penalty authorized
under a federal, state, or local law.
D.
Forms of relief. Notwithstanding the provisions of Subsections A, B, and C above, the Code Official may also request the County Attorney to take appropriate action in a court of competent jurisdiction:
(1)
To institute injunctive or other equitable proceedings to prevent or correct the unlawful conditions or uses in violation of this code or in violation of a final order issued pursuant to § 88-17I of this code. In an action for injunctive relief the County may request:
(a)
That a violation be repaired, removed, or otherwise
abated and that upon failure to repair, remove or abate such violation
within a time limit established by the court, the County may procure
the performance of the work required to remove or abate the violation
by County employees or by contract, the cost and expense of such work
to be a lien on the property upon which the violation exists, in the
same manner as real estate taxes, and to be collectible in the same
manner.
(b)
That in an action to enforce a final order,
the court also impose a civil penalty of up to $500 for each day that
the final order was violated, but not exceeding $10,000, after considering:
(2)
To prevent the occupation or use of structures or
housing units which are not in compliance with the provisions of this
code;
(3)
To prosecute the criminal action authorized by this
section;
(4)
To obtain a judgment in the amount of the civil penalty
authorized by this code, and enforce any unpaid civil penalties as
a lien on the subject property in the same manner as real estate taxes,
to be collectible in the same manner; or
(5)
To order any such relief as may be just or equitable
to promote, protect and ensure the public health, safety and general
welfare.
E.
Cumulative remedies. The remedies available to the
County under this section are cumulative and not alternative, and
the decision to pursue one remedy does not preclude pursuit of any
other remedy.
F.
Pendency of appeal. A person is not subject to the
criminal and civil penalties set forth in this section for violations
that occur during the pendency of an appeal to the Board of Appeals
or during subsequent judicial review of the Board's decision unless
the court finds that the appeal was taken in bad faith or without
substantial justification.
