The provisions of this chapter shall constitute and shall be known and
cited as the "Wicomico Housing Code."
It is hereby found and declared that there exist in Wicomico County,
Maryland, structures used for human habitation, or occupancies which are,
or may become substandard. Structures with inadequate provisions for light
and air, lack of maintenance, unprotected fire hazards, improper heating,
unsanitary conditions, overcrowding and dilapidation constitute a menace to
the health, safety, welfare and reasonable comfort of citizens. The existence
of such nuisance conditions creates slums and blighted areas requiring corrective
action. Additionally, these conditions may contribute to the spread of disease
and crime and cause fire and accidental loss. In the absence of corrective
measures, such areas may experience a deterioration of social values, a depreciation
of assessable base and a curtailment of investment and tax revenues. The promulgation
and enforcement of minimum housing standards are essential to address the
prevention of blight and decay and provide protection of public health, safety
and general welfare. One purpose of this chapter is to attempt to identify
and mitigate the above stated conditions.
A.
The purpose of this Code is to protect the public health,
safety and general welfare by:
(1)
Establishing minimum standards governing the condition,
use, operation, occupancy and maintenance of dwellings, structures, utilities,
facilities, lands and other physical conditions to make all buildings and
structures and premises safe, sanitary and fit for human habitation.
(2)
Assigning certain responsibilities and duties to owners,
operators, agents and occupants of dwellings; authorizing and establishing
procedures for the right of entry, the inspection of buildings, structures
and premises, the correction of violations of the provisions of this Code
and the condemnation and demolition of dwellings and other structures.
B.
This Code shall be construed liberally and justly to
protect the public health, safety and welfare insofar as they are affected
by the continued use and maintenance of residential structures and premises.
A.
The provisions of this Code shall apply to the construction,
alteration, repair, equipment, use and occupancy, location, maintenance, removal
and demolition of every building, structure or premises, or any part thereof
used, designed, intended or maintained for human habitation, outside the limits
of incorporated towns and cities in Wicomico County.
B.
Alteration, repair, or rehabilitation work, caused directly
or indirectly by the enforcement of this Code, may be made to any existing
building without requiring the entire building to comply with all the requirements
of the Building Code. However, any alteration, repair or rehabilitation work
shall conform to the requirements of any applicable building code, plumbing
code, mechanical code and electrical code or any other code or standard applicable
to new construction.
C.
The provisions in this Code do not abolish or impair
any remedies available to the County or its officers or agencies relating
to the removal or demolition of any structures which are deemed to be dangerous,
unsafe and unsanitary.
D.
Any violation of this Code shall be considered to be
a nuisance condition affecting the health, safety and welfare of the public.
E.
Nothing in this Code shall apply to any owner-occupied,
single-family dwelling unit.
A.
Unless otherwise expressly stated, the following terms
shall, for the purpose of this Code, have the meanings indicated in this section.
Words used in the present tense include the future; words used in the masculine
gender include the feminine and neuter; the singular number includes the plural
and the plural the singular. Where terms are not defined in this Code, then
the words as defined in the County Zoning Code shall prevail and if such term
is not defined in either, then the words as defined in the most current edition
of Webster's Dictionary shall prevail. Whenever the words "apartment,"
"apartment house," "dwelling," "dwelling unit," "rooming unit," "building"
or "premises" are used in this chapter, they shall be construed as though
they were followed by the words "or any part thereof."
B.
ABANDONED
ABATE
ACCESSORY STRUCTURE
AGENT
APARTMENT
BASEMENT
BUILDING
BUILDING CODE
BUILDING PERMIT
CEILING HEIGHT
CERTIFICATE OF OCCUPANCY
CHIMNEY
DILAPIDATED STRUCTURES
DORMITORY
DORMITORY HOUSING
DWELLING UNIT
EMERGENCY
EXISTING
EXTERIOR
EXTERMINATION
FAMILY
FLUE
GRADE
HABITABLE
HABITABLE SPACE
HOUSING OFFICIAL
HUMAN HABITATION
IMPERVIOUS (AS TO FLOORS)
INFESTATION
KITCHEN
MAINTENANCE
MEANS OF EGRESS
MEMBER
MULTIPLE-FAMILY DWELLING
NUISANCE
OCCUPANT
OCCUPANT DENSITY
OPERATOR
OWNER
PERSON
PLUMBING
PLUMBING FIXTURE
PREMISES
PRIVACY
PUBLIC AREAS
REFUSE CONTAINER
RESIDENT MANAGER
RISER
RODENT HARBORAGE
RODENT-PROOFING
ROOM
ROOMING UNIT
RUBBISH
SEWAGE
STAIRWAY
STORY
STRUCTURE
TENANT
VENTILATION
WATER CLOSET
As used in this chapter, the following terms shall have
the meanings indicated:
Property whose owner or occupant has left or ceased to inhabit it
intentionally and permanently for more than 30 days.
Any action to bring the subject property into compliance. Abatement
shall include construction, repairs, and cosmetic alterations, to the extent
necessary to amend the violations of this Code. As determined by the Housing
Official.
A building, located on the same lot, incidental to the main building
use.
Any person, firm or corporation that is responsible for the management,
maintenance, operation, rental of, letting of or sale of any property in any
particular case or who makes application for or seeks a permit or certificate
from the appropriate city authority on behalf of the owner of any property
in any particular case or who, in any other way, represents the owners in
any particular case.
A single residential structure designed and constructed to contain
three or more separate dwelling units, regardless of the internal arrangement
of such units or the ownership thereof.
That portion of a structure which is partly or completely below grade.
Any structure built for the support, shelter or enclosure of persons,
animals, chattels, or property of any kind. The term "building" shall be construed
as if followed by the words "or part thereof" for the purpose of this Code.
Each portion of a building separated from other portions by a fire wall shall
be considered as a separate building.
The International Building Code and the International Residential
Code most recently adopted by the County Council for the regulation of construction,
alteration, addition, repair, removal, demolition, use, location, occupancy
and maintenance of buildings and structures.
[Amended 10-17-2006 by Bill No. 2006-11]
An official document issued by the appropriate official evidencing
departmental approval of the commitment of new construction, alteration, repair,
addition or demolition.
The clear distance between the floor and the ceiling directly above.
A document issued by the appropriate official stating the nature
of occupancy permitted.
A primarily vertical enclosure containing one or more passageways,
used primarily for the egress of smoke.
Dwellings, dwelling units, multiple-family dwellings, apartment houses,
boardinghouses, nursing homes, and other structures including, among others,
garages, sheds, and similar accessory structures, which by reason of inadequate
maintenance, obsolescence or abandonment are unsafe, unsanitary or constitute
a fire hazard or are otherwise dangerous to human life.
A habitable room in a building where group sleeping accommodations
are provided for persons occupying one room or a series of closely associated
rooms.
A building or group of buildings containing rooms forming habitable
units which are used or intended to be used for living and sleeping by persons
enrolled or participating in an academic institution, but which rooms are
not for cooking or eating purposes.
A single unit providing complete independent living facilities for
occupancy by one family and containing permanent provisions for living, sleeping,
eating, cooking and sanitation (bathroom) and where no portion of that dwelling
shall be used for access to other dwelling units.
An immediate situation requiring corrective action by the Housing
Official to protect the public health, safety, and welfare.
In existence at the time of passage of this Code.
The open area on the premises and/or adjoining property under the
control of owners or operators of such premises.
The control or elimination of insects, rodents, or other pests, including
elimination of their harborages. Such control shall be affected by removing,
spraying, fumigating, trapping or poisoning the pests or materials that may
serve as their food; or by any other recognized and legal pest elimination
methods.
An individual or married couple and their children with not more
than two other persons related directly to the individual or married couple
by blood or marriage; or a group of not more than four unrelated persons,
living together as a single housekeeping unit in a dwelling unit, unless a
separate standard for the number of unrelated persons within a dwelling unit
is provided herein.
An enclosed pipe, duct or passageway used only for the transmission
of heat or the products of combustion.
A reference plane representing the average of finished ground level
adjoining the building at all exterior walls.
Suitable for human occupancy.
Total floor area in a structure for living, sleeping, eating or cooking.
(Bathrooms, toilet compartments, closets, halls, storage or utility space
and similar areas are not considered habitable space.)
Shall be the representative designated by the Director of the Department
of Planning, Zoning and Community Development to administer and enforce the
provisions of this chapter.
[Amended 11-16-2004 by Bill No. 2004-8]
The use of any building, room or space in which any person remains
for a continuous period of two hours or more, in any one day.
A clean, smooth floor installed to manufacturer's recommendations,
without cracks or holes, made of terrazzo, ceramic, asphalt or rubber tile,
smooth concrete, linoleum or other similar material or made of wood and, if
made of wood, having tightly fitted joints, covered with varnish, lacquer
or other similar water-resistant coating.
The presence of noxious insects, rodents, vermin or other pests.
A designed space with facilities for storage and cooking of food
for human consumption.
Corrective action to abate or prevent substandard conditions to grounds,
structures or equipment.
A continuous and unobstructed way of exit travel from any point in
a building or structure to a public way, and consisting of three separate
and distinct parts:
A structural unit, such as a beam or a wall.
Any house, building or combination of buildings, including groups
of detached buildings comprising a single apartment project under a single
ownership and management, or any portion of any building, which is used or
designed to be used for three or more dwelling units, or two dwelling units
and any other occupancy, such as commercial or office occupancy, and shall
include, but not be limited to, all apartment houses, garden apartments and
apartment hotels.
Any noticeable condition which may prove detrimental to the health or safety of the public, whether in a structure, on the premises of a structure or upon any unimproved lot. This includes, but is not limited to, abandoned wells, shafts, basements, excavations, and mechanical equipment, any structurally unsound fences or structures, rubbish or vegetation such as poison ivy, poison oak or poison sumac, or excessive overgrowth or any other unsightly, unsanitary or unhealthful condition, including those nuisances listed in Chapter 174.
A person legally living, sleeping, cooking, or eating in, having
use or possession of, a dwelling unit pursuant to an active contract, lease
or rental receipt.
The number of persons, per area, living or occupying a building,
dwelling, dormitory or any other habitable space.
Any person who has charge, care or control of a building, or part
thereof.
Any person, firm, conservator, receiver or officer who owns, holds
or controls the whole, or any part of the freehold title (Control of the freehold
title is not intended to mean a tenant under any type of written or oral tenancy.)
to any real property, including but not limited to vacant land, buildings,
dwelling units, commercial real property, etc., with or without accompanying
actual possession thereof, and shall include, in addition to the holder of
legal title, any vendee in possession thereof, but shall not include a mortgagee
or trustee under deed of trust, unless such mortgagee or trustee is in actual
possession.
An individual, receiver, trustee, guardian, executor, administrator,
fiduciary, or representative of any kind, and any partnership, firm, association,
public or private corporation, or other entity.
The practice, materials and fixtures used in the installation, maintenance,
extension and alteration or removal of piping, fixtures, appliances, and appurtenances
in connection with any of the following: sanitary drainage or storm drainage
facilities, the venting system and the public or private water supply systems,
within or adjacent to any building, structure or conveyance; alteration of
stormwater, liquid waste or sewerage, and water supply of any premises to
their connection with any point of public disposal or other sewer process.
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises and demands a supply
of water. It discharges used water, liquid borne waste materials, or sewage
either directly or indirectly to the drainage system of the premises. It requires
both a water supply connection and a discharge to the drainage system of the
premises.
A lot or group of lots, including any building or group of buildings
or their structures or parts thereof which may be situated thereon and considered
as a unit devoted to a certain use or occupancy. This includes the necessary
and customary accessory buildings and other open spaces required or used in
connection with such use of a lot or groups of lots.
The ability of a person to carry out an activity commenced without
interruption or interference, whether by sight or unreasonable sound or by
unwanted persons.
An unoccupied open space, adjoining a building and on the same property,
that is permanently maintained for the use of the public generally or the
occupants of more than one dwelling unit accessible to the Fire Department
and free of all encumbrances that might interfere with its use by the Fire
Department.
A watertight container constructed of metal or other durable material
impervious to rodents, which is capable of being serviced without creating
unsanitary conditions, the opening of which shall be covered with tight-fitting
tops or doors.
One who acts on the behalf of the owner to manage the property and
to assure Housing Code compliance.
The vertical face between two stair treads.
Any place where rodents can live, nest or seek shelter.
The permanent closing of all openings in foundations, basement, cellars,
and exterior and interior walls to prevent rodents from gaining access to
or from food, water, harborage or a given space or building.
A space in an enclosed building, or space set apart by a partition
or partitions, and any space in a building used or intended to be used as
a bedroom, bathroom, dining room, living room, kitchen, sewing room, library,
den, music room, dressing room, enclosed sleeping room, laundry room, study,
storage room and similar uses.
A unit that has either a complete bathroom (water closet, lavatory
and tub or shower) or kitchen facilities, but not both within the unit.
The waste materials commonly referred to in everyday language as
rubbish and garbage, including garbage from normal household living conditions,
including waste, foodstuffs of vegetable or animal origin, paper products,
fabrics, plastic and metal containers, bottles, crockery and other similar
materials, and combustible and noncombustible waste materials, including the
residue from the burning of wood, coal, coke and other combustible material,
paper, rags, carton, boxes, wood excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, materials, mineral matter, abandoned or inoperable
machinery, wastepaper, cardboard, sawdust piles, rubbish from building construction
or reconstruction, uprooted tree stumps, street refuse and all other waste
materials; provided, however, that as used in the chapter, "rubbish" shall
not be construed or interpreted so as to include any abandoned, unlicensed
or inoperable motor vehicle.
Any liquid waste containing animal or vegetable solids in suspension
or solution, and may include liquids containing chemicals in a solution.
One or more flights of stairsm, either exterior or interior, with
the necessary landings and platforms connecting them, to form a continuous
and uninterrupted passage from one level to another in a building or structure.
That portion of a building included between the upper surface of
any floor and the upper surface of the floor next above.
That which is built or constructed, an edifice or building of any
kind or any piece of work artificially built up or composed of parts joined
together in some definite manner for occupancy or use.
An occupant other than a property owner.
The process of supplying and removing air to and from any space by
natural or mechanical means.
An enclosed space containing one or more toilets which may also contain
one or more lavatories, urinals, and other plumbing fixtures.
