[HISTORY: Adopted by the Mayor and Council of the Town (now
City) of Seat Pleasant 2-14-1994 by Ord. No. 94-01. Amendments noted where
applicable.]
[Amended 5-8-2017 by Ord.
No. O-17-19; 7-1-2019 by Ord. No. O-19-16]
This chapter shall be known and may be cited as "Licensing and
Permits" of the City of Seat Pleasant.
[Amended 5-8-2017 by Ord.
No. O-17-19; 7-1-2019 by Ord. No. O-19-16]
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this chapter.
Where this chapter imposes a greater restriction upon persons, premises
or personal property than is imposed or required by such existing
provisions of law, ordinance, contract or deed, the provisions of
this chapter shall control.
A.
Businesses. There are numerous businesses in the City of Seat Pleasant.
They are located in the commercial and industrial areas of the City
as well as the residential areas. The Mayor and City Council of the
City of Seat Pleasant has the responsibility of protecting both the
business environment and the residential peace of the City.
B.
Nonresidential premises. There are numerous nonresidential (commercial
and industrial) premises within the City of Seat Pleasant. The Mayor
and City Council of the City of Seat Pleasant have the responsibility
of protecting the health, safety and welfare of the occupants of these
premises, the customers of the occupants, and the visitors to these
premises.
C.
Residential rental units. There are numerous dwelling units within
the City of Seat Pleasant which are rented or leased to persons other
than the owners thereof. The Mayor and City Council of the City of
Seat Pleasant has the responsibility of protecting the health, safety
and welfare of all citizens of the City and the occupants of these
premises.
D.
Activities requiring permits. From time to time, persons want to
pursue activities in the public spaces of the City or from nonpermanent
locations in the City, such as vending, soliciting, one-day sales
and special on-going outdoor events, etc. The Mayor and City Council
of the City of Seat Pleasant has the responsibility to protect the
health, safety and welfare of all citizens of the City and the environment
on the public right-of-way.
E.
Overall. As a result of § 107-2A to D, it is declared to be the policy of the Mayor and City Council of the City of Seat Pleasant that businesses, home occupations, nonresidential premises, and rental dwelling units shall be licensed and regulated in such manner as to ensure the health, welfare, and safety of those persons operating a business in, residing in, or visiting Seat Pleasant, and that permits shall be required for certain activities as set forth below.
[Amended 5-13-1996 by Ord. No. 96-02; 5-8-2017 by Ord. No. O-17-19]
The following definitions shall apply in the interpretation
and enforcement of this chapter.
Any person or organization with a permanent location in the
City of Seat Pleasant in a nonresidential property, which operates
or conducts a trade, business, commercial activity, occupation, or
profession in the City of Seat Pleasant, either for profit, or conducts
activities in the City of Seat Pleasant supportive of a trade, business
or profession.
Any container, receptacle, compactor unit, trailer, roll-off,
or similar unit with or without wheels that is used for temporary
storage, containment or transport of refuse, debris, trash, garbage,
food waste, solid waste, recyclable material, incidental demolition
debris, or other discarded or like materials. It shall not apply to
ordinary trash cans of a volume of 50 gallons or less, recycling receptacles
of 96 gallons or less.
[Added 7-1-2019 by Ord. No. O-19-16]
A building or structure which is occupied in whole or in
part as a residence for one or more persons, but shall not be construed
to mean any transient facilities, such as boardinghouses, tourist
homes, inns, motels, hotels, school dormitories, hospitals or medical
facilities.
Any room or group of rooms located within a dwelling forming
a single habitable unit including cooking facilities.
Any building or structure containing dwelling or rooming
units to be used for sleeping and/or living facilities for transient
persons and rented, leased or otherwise let for purposes other than
that of permanent residence.
Any building or structure or portion of a building or structure
used for any type of business activity, including any public hearing
or structure and charitable or religious institutions, including churches
and the like, professional services, industrial activity, commerce
or trade, sales, manufacturing or repairing of any item or thing or
the storage of any part or thing used in any of the activities described
above. This does not include governmental buildings (e.g., city, county,
school, M-NCPPC, state, federal, post office).
Any person other than the owner, who is in possession of
a building or structure or space within a building or structure. An
"occupant" shall include a tenant.
Any person who, alone, jointly or severally with others:
Has legal title to any building, with or without accompanying
actual possession thereof; and/or
Has charge, control or care of any building as manager or agent
of the owner or as an officer, administrator, trustee, partner, guardian
or personal representative of the estate of the owner or as mortgagee,
beneficiary or lender under a mortgage or deed of trust made by the
owner and secured by the building. Any such person thus representing
the actual owner shall comply with the provisions of this chapter
to the same extent as if he or she had legal title to the building.
See "solicitor," "solicitation."
A corporation, partnership, association, organization, or
any other entity, as well as individuals. It also shall include an
administrator, trustee, receiver, personal representative, guardian
or conservator appointed according to law.
A lot or parcel of land, including any buildings or structures
thereon and parts of or space in such buildings or structures.
Premises that includes a physical condition or occupancy
of any premises or its appurtenances regarded as public nuisance at
common law; considered an attractive nuisance to children (including
but not limited to abandoned wells, shafts, basements, excavations,
unsafe fences or structures); with unsanitary sewage or plumbing facilities;
designated unsafe for human habitation; manifestly capable of being
a fire hazard; manifestly unsafe or unsecured so as to endanger life,
limb or property; from which plumbing, heating, or required facilities
have been removed; with disconnected or destroyed utilities; that
is in a state of dilapidation, deterioration, decay; that has faulty
construction; that is overcrowded; that is open, vacant, abandoned;
that is unsanitary; that is damaged by fire so as not to provide shelter;
that is in danger of collapse or failure.
To permit possession or occupancy of a dwelling, dwelling
unit, rooming unit, building, or structure pursuant to a written or
unwritten lease, agreement, or license, and where the occupant has
an obligation to pay rent or other consideration to the owner for
such occupancy.
Any dwelling, apartment house, rooming house, dwelling unit,
rental unit, house, structure, building, premises, or room which is
intended or arranged for use or occupancy as a residence by one or
more persons and for which the owner or operator charges or receives
rent or other consideration.
Includes a dwelling, dwelling units, rooming units, rental
facility, hotel, motel, or tourist facility which rent for occupancy.
Any rooms or groups of rooms located within a dwelling, forming
a single habitable unit used or intended to be used for sleeping and/or
living but not for cooking purposes.
All activities ordinarily performed by a solicitor or peddler
as indicated above.
Any person who goes upon the premises of any private residence,
not having been invited by the occupant thereof, for the purpose of
selling goods, merchandise, wares or other personal property, or taking
or attempting to take orders for the sale of goods, merchandise, wares,
or other personal property of any nature for future delivery, or for
services to be performed in the future (also known as "peddler").
Does not include any person who, without invitation, goes upon private
property to request contribution of funds or anything of value, or
sell goods or services for political, charitable, religious, or other
noncommercial purposes.
A temporary exterior sign is:
Any letter, word, numeral, figure, design, projected image,
picture, illustration, emblem, symbol, trademark, banner, pennant,
or other device which is used to announce, direct attention to, identify,
advertise, or otherwise make anything known;
Situated on the exterior of nonresidential premises; and
Lacking a permanent sign permit from Prince George's County
if such a sign permit is required.
Temporary exterior signs do not include the flag or emblem of
any nation, county, state, city, religious, fraternal, or civic organization;
decorations or works of art which in no way identify a product or
business; signs placed inside or on the inside of a window; the address
of the nonresidential premises; or signs for which a Prince George's
County sign permit is not required.
Any person traveling by foot, wagon, vehicle or any other
type of conveyance from street to street carrying, conveying, or transporting
goods, wares or merchandise and offering or exposing them for sale,
or making sales and delivering articles to purchasers; or who, without
traveling from place to place, exhibits, displays, sells or offers
for sale such products from a wagon, handcart, pushcart, motor vehicle,
conveyance or from his person while on the public ways of the City
of Seat Pleasant, or while on private property not intended for such
vending. Also includes any street vendor, hawker, huckster, itinerant
merchant, or transient vendor. Does not include door-to-door solicitors
and peddlers or persons or entities associated with one-day and special
on-going outdoor events.
It shall be unlawful for any person, either directly or indirectly,
to conduct any business or nonprofit enterprise or to use in connection
therewith any vehicle, premises, machine or device, in whole or in
part, for which a license or permit is required by any law or ordinance
of this City, without a license or permit therefor being first procured
and kept in effect at all such times as required by this chapter or
other law or ordinance of this City.
A.
Business license required. A person may not engage in business in
the City of Seat Pleasant without obtaining a business license from
the City as provided in this chapter.
[Amended 6-10-2002 by Ord. No. 02-02]
B.
For purpose of this chapter, any person shall be deemed to conduct
or engage in business or conduct or operate a nonprofit enterprise
and thus be subject to the requirements of this chapter, when the
person does at least one act of:
[Amended 6-10-2002 by Ord. No. 02-02]
C.
Responsibility for obtaining license; premises’ owner liability.
[Amended 6-10-2002 by Ord. No. 02-02]
(1)
An
owner, or agent of an owner, of a business shall obtain the license
required by this section.
(2)
If
an agent of the owner of the business obtains the license, the owner
of the business shall be responsible jointly with the agent for complying
with the requirements of the license and with the other requirements
of this chapter.
(3)
The
owner of the premises on which a business is conducted, if the owner
of the premises is not the owner of the business, also is responsible
for ensuring that each business conducted or operated on the premises
obtains and complies with the license required by this section. The
owner of the premises is required to sign each application for the
issuance and renewal of a business license for a business located
on the owner’s premises.
D.
Separate license for branch establishments. A license shall be obtained
in the manner prescribed herein for each branch establishment or location
of the business engaged in, as if each such branch establishment or
location were a separate business, provided that warehouses and distributing
plants used in connection with and incidental to a business licensed
under the provisions of this chapter shall not be deemed to be separate
places of business or branch establishments.
E.
Residential. Before the owner or agent thereof of any dwelling, rental
facility, dwelling unit, rooming unit, or tourist facility within
the confines of the City of Seat Pleasant shall rent, lease, or otherwise
let said dwelling unit or facility and permit it to be occupied, he/she
must secure from the City an occupancy license.
[Amended 5-8-2017 by Ord.
No. O-17-19]
F.
Joint license. A person engaged in two or more businesses at the
same location shall not be required to obtain separate licenses for
conducting each of such businesses but, when eligible, shall be issued
one license which shall specify on its face all such businesses.
G.
No license required for mere delivery. No license shall be required
for any person for any mere delivery in the City of any property purchased
or acquired in good faith from such person at his/her regular place
of business outside the City where no intent by such person is shown
to exist to evade the provisions of this chapter.
H.
Permits required for vendors.
[Added 5-8-2017 by Ord.
No. O-17-19]
(1)
Unless granted an exception, individuals or businesses who wish to
sell products or services or transact other business in the City other
than from a permanent place of business located inside the City may
not do so without a permit.
(2)
Permit application. Every person desiring a vendor's permit shall file with the City Administrator an application in writing for a permit pursuant to § 107-2.
(3)
Sales from right-of-way or vehicles.
(a)
Nothwithstanding any other provisions of the City Code or the
Zoning Ordinance of Prince George's County, it shall be unlawful for
any vendor or any other person to sell or display for sale any goods,
wares, merchandise, or other items of any description while upon the
right-of-way, or from a vehicle upon the right-of-way or at the exterior
of private property from either a vehicle or while upon the exterior
of the private property except for the following:
[1]
Live or cut flowers, plants, artificial flowers (adornments
for graveside use);
[2]
Fruits, vegetables, or other agricultural products;
[3]
Baked goods;
[4]
Fish or shellfish;
[5]
Any meat or meat product, cooked and offered for immediate consumption;
[6]
Gum or candy, chips or other edible goods offered in individual
servings for immediate consumption;
[7]
Individual cans, bottles, or other single serving containers
of soft drinks, juice or other nonalcoholic beverages; and
[8]
Ice cream, ice cream products, or other frozen novelties.
(b)
This section shall not apply to person(s) in the public right-of-way
who sell automotive equipment to the owner or occupant of a vehicle
disabled in a roadside emergency.
(4)
Vendors must secure a specific location(s) from which to sell items.
Vending on the exterior of private property requires written permission
from the property owner. Vending in the public right-of-way requires
written approval from Prince George's County.
The City Administrator shall issue special permits, without
the payment of any license fees or other charges therefor, to any
person or organization for the conduct or operation of a nonprofit
enterprise, either regularly or temporarily, when he/she finds that
the applicant operates without private profit for a public, charitable,
educational, literary, fraternal or religious purpose.
A.
Application for special permit. An applicant for a special permit
shall submit an application therefor to the City Administrator, upon
forms prescribed by the City Administrator, and shall furnish such
additional information and make such affidavits as the City Administrator
shall require.
B.
Special permittees must conform. A person or organization operating
under a special permit shall operate his/her nonprofit enterprise
in compliance with this chapter and all other applicable rules and
regulations except as provided herein.
[Amended 7-1-2019 by Ord. No. O-19-16]
A.
The Chief Operating Officer shall collect all license fees and shall
issue licenses in the name of the City to all persons qualified under
the provisions of this chapter and shall:
(1)
Promulgate and enforce all reasonable rules and regulations necessary
to the operation and enforcement of this chapter.
(2)
Adopt all forms and prescribe the information to be given therein
as to character and other relevant matter for all necessary papers.
(3)
Require applicants to submit all affidavits and oaths necessary to
the administration of this chapter.
(4)
Submit all applications, in a proper case, to interested City officials
for their endorsements thereon as to compliance by the applicant with
all City regulations which they have the duty of enforcing.
(5)
Investigate and determine the eligibility of any applicant for a
license as prescribed herein.
(6)
Examine the books and records of any applicant or licensee when reasonably
necessary to the administration and enforcement of this chapter.
(7)
Notify any applicant of the acceptance or rejection of his/her application
and, upon his/her refusal of any license or permit, at the applicant's
request, state in writing the reasons therefor and deliver them to
the applicant.
B.
The Chief Operating Officer shall keep all information furnished
or secured under the authority of this chapter in strict confidence.
Such information shall not be subject to public inspection and shall
be kept so that the contents thereof shall not become known except
to the persons charged with the administration of this chapter.
The general standards herein set out relative to the qualifications
of every applicant for a City license shall be considered and applied
by the City Administrator. The applicant shall:
A.
Be of good moral character. In making such determination, the City
Administrator shall consider:
(1)
Penal history: all convictions, the reasons therefor and the demeanor
of the applicant subsequent to his/her release.
(2)
License history: the license history of the applicant; whether such
person, in previously operating in this or another state under a license,
has had such license revoked or suspended, the reasons therefor and
the demeanor of the applicant subsequent to such action.
(3)
General personal history: such other facts relevant to the general
personal history of the applicant as he/she shall find necessary to
a fair determination of the eligibility of the applicant.
B.
Not be in default under the provisions of this chapter or indebted
or obligated in any manner to the City except for current taxes.
C.
Present a certificate of occupancy furnished by the County Inspector
to the effect that the proposed use of any premises is not a violation
of county zoning regulations.
A.
Formal application required. Every person required to procure a license
under the provisions of any ordinance or law of the City shall submit
an application for such license to the City Administrator. The application
shall:
(1)
Be a written statement upon forms provided by the City Administrator;
such form shall include an affidavit, to be sworn to by the applicant
before a Notary Public of this state.
(2)
Require the disclosure of all information necessary to compliance with § 107-8 above and of any other information which the City Administrator shall find to be reasonably necessary to the fair administration of this chapter.
(3)
Be accompanied by the full amount of the fees chargeable for such
license.
(4)
Be accompanied by the payment of an issuance fee as established by
the City Council from time to time.
B.
Issuance of receipts. Whenever a license cannot be issued at the
time the application for the same is made, the City Administrator
shall issue a receipt to the applicant for the money paid in advance,
subject to the following conditions:
(1)
Such receipt shall not be construed as the approval of the City Administrator
for the issuance of a license nor shall it entitle or authorize the
applicant to open or maintain any business contrary to the provisions
of this chapter.
C.
Occupancy licenses.
[Added 5-8-2017 by Ord.
No. O-17-19]
(1)
Occupancy license required.
(a)
Nonresidential. All tenants of nonresidential premises which
are rented for occupancy and all owner-occupants of nonresidential
premises shall secure from the City a nonresidential occupancy license,
which shall be issued for a period of one year. A license shall be
required for each individual business that is an occupant in the premises.
(b)
Residential. Before the owner or agent thereof of any dwelling,
rental facility, dwelling unit, rooming unit, or tourist facility
within the confines of the City of Seat Pleasant shall rent, lease,
or otherwise let said dwelling unit, or facility and permit it to
be occupied, he/she must secure from the City an occupancy license.
[1]
Said occupancy license shall contain the name of the owner of
the property, his/her address, and his/her telephone number. Said
occupancy license shall also specify the exact location of the premises
for which the license is issued.
[2]
He/she must obtain a rental permit from Prince George's County
Permit and Inspection Division.
[3]
All occupancy licenses shall be issued to the owner of the premises
containing said residential unit or units and shall be issued for
a period of one year.
(2)
Inspections; issuance; renewal.
(a)
Inspections. All premises for which an occupancy license is
required shall be inspected as needed, but not less than every two
years, by the Code Enforcement Officer for compliance with Chapter
3A, Standards for Property Maintenance.
(b)
He/she must obtain a rental permit from the City of Seat Pleasant.
[Amended 7-1-2019 by Ord. No. O-19-16]
(c)
Issuance. Before the City Administrator shall issue an occupancy
license, the following criteria shall have been met:
[1]
There are no existing violations of the building and property
maintenance standards of the City of Seat Pleasant.
[2]
The license applicant has certified that the premises have no
existing violations of applicable health, safety, fire, building,
plumbing, and zoning laws and ordinances of the State of Maryland
and Prince George's County.
[3]
For residential rental occupancy licenses, the license applicant
has complied with all applicable provisions of the Annotated Code
of Maryland, Environment Article, Title 6, Subtitle 8, Reduction of
Lead Risk in Housing, as amended or has submitted evidence that the
rental facility is not subject to the provisions of that subtitle.
[4]
The tenant or owner-occupant of said nonresidential premises
shall remit the required occupancy license fee as established by the
City of Seat Pleasant. The owner of said residential premises shall
remit the required occupancy license fees as established by the City
of Seat Pleasant.
[5]
There are no unpaid real or personal property taxes or fines
for municipal infractions or fees for the premises or for any business
or activity conducted therein by the tenant or owner-occupant of nonresidential
premises or by the owner of residential premises.
[6]
Within five years preceding the application, there have been
no convictions for prostitution or trafficking in controlled substances
on the premises while the applicant has had control of the premises.
(d)
Renewal. All occupancy licenses shall be renewable upon payment
of appropriate fees and compliance with the provisions of this chapter.
(3)
Suspension or revocation; expiration; reinstatement.
[Added 5-8-2017 by Ord.
No. O-17-19]
(a)
At any time that the Code Enforcement Officer shall determine that any such premises does not comply with all the provisions of all applicable laws, he/she shall give written notice to the owner, agent, or occupant thereof to render compliance within 10 days. If such compliance is not provided, the Code Enforcement Officer may suspend or revoke the occupancy license for the premises in accordance with § 107-9.
(b)
In the event that an occupancy license is allowed to expire
by fault of the owner or occupant of the premises due to the failure
to pay the required fees within 20 business days from the date of
the written notification of payment due, without a reasonable cause,
a reinstatement fee shall be imposed as established herein. Property
may be subject to reinspection prior to reinstatement of an occupancy
license, and all fees may be reimposed.
(c)
In the event that an occupancy license is revoked for cause,
the occupancy license must be reinstated and a fee paid as established
herein, and all codes of the City of Seat Pleasant must be met before
the property may again be occupied and/or any business or activity
conducted therein.
The applicant for the renewal of a license shall submit an application
for such license to the City Administrator. The application shall:
A.
Be a written statement upon forms provided by the City Administrator;
such form shall include an affidavit, to be sworn to by the applicant
before a Notary Public of this state.
B.
Require the disclosure of such information concerning the applicant's
demeanor and the conduct and operation of applicant's business during
the proceeding licensing period as is reasonably necessary to the
determination by the Administrator of the applicant's eligibility
for a renewal license and to a possible adjustment of license fee.
C.
The applicant must not have any pending violations of the Code in
the City of Seat Pleasant.
[Added 5-8-2017 by Ord.
No. O-17-19]
A.
Duplicate license procedure. A duplicate license or special permit
shall be issued by the Administrator to replace any license previously
issued, which has been lost, stolen, defaced or destroyed without
any willfull conduct on the part of the licensee, upon the filing
by the licensee of an affidavit sworn to before a Notary Public of
this state attesting to such fact and the paying to the City Administrator
of a fee as set forth from time to time by resolution of the City
Council.
B.
Supplemental license procedure. When a licensee places himself/herself
in a new status, the City Administrator shall issue a supplemental
license and such additional insignia as may be required.
A.
The City Administrator shall, upon disapproving any application submitted
under the provisions of this chapter, refund all fees paid in advance
to the applicant, provided that the applicant is not otherwise indebted
to the City.
B.
Compliance pending legal action. When the issuance of a license is
denied and any action instituted by the applicant to compel its issuance,
such applicant shall not engage in the business for which the license
was refused unless a license is issued to him/her pursuant to a judgment
ordering the same.
License fees shall be in the amounts established from time to
time by resolution, and as further determined under this section.[1]
[1]
Editor's Note: The current fee schedule is on file in the
City offices.
Each license issued hereunder shall state upon its face the
following:
A.
The name of the licensee and any other name under which such business
is to be conducted.
B.
The kind and address of each business so licensed.
C.
The amount of license fee therefor.
D.
The dates of issuance and expiration thereof.
E.
Such other information as the City Administrator shall determine.
A.
General standards of conduct. Every licensee under this chapter shall:
(1)
Permit all reasonable inspections of his/her business and examinations
of his/her books by public authorities so authorized by law.
(2)
Ascertain and at all times comply with all laws and regulations applicable
to such licensed business.
(3)
Avoid all forbidden, improper or unnecessary practices or conditions
which do or may affect the public health, morals or welfare.
(4)
Refrain from operating the licensed businesses on premises after
expiration of his/her license and during the period his/her license
is revoked or suspended.
B.
Display of license. Every licensee under this chapter shall:
(1)
Post and maintain such license upon the licensed premises in a place
where it may be seen at all times.
(2)
Carry such license on his/her person when he/she has no licensed
business premises.
(3)
Affix any insignia delivered for use in connection therewith upon
the outside of any coin, vending or other business machine or device
so that it may be seen at all times.
(4)
Not allow any license, special permit or insignia to remain posted
or displayed or used after the period for which it was issued has
expired or when it has been suspended or revoked or for any other
reason becomes ineffective. The licensee shall promptly return such
inoperative license, special permit or insignia to the City Administrator.
[Amended 6-10-2002 by Ord. No. 02-02]
A.
Inspections. The following persons are authorized to conduct inspections
in the manner prescribed herein:
(1)
City Administrator. The City Administrator shall make all investigations
reasonably necessary to the enforcement of this chapter.
(2)
Officials having duties. The City Administrator shall have the authority
to order the inspection of licensees, their businesses and premises
by all City officials having duties to perform with reference to such
licensees or businesses.
(3)
Police officers. All police officers shall inspect and examine businesses
located within their respective jurisdictions or beats to determine
and enforce compliance with this chapter.
(4)
Code enforcement officers. Civilian code enforcement officers of
the Seat Pleasant Police Department may conduct all inspections and
examinations necessary to determine and enforce compliance with the
requirements of this chapter.
B.
Compliance order. When an inspector has reported a violation of this chapter or of any law or ordinance by a business that is required to be licensed under this chapter, the City Administrator shall issue an order to comply. The order shall specify the nature of the violation and the actions that are required to cure the violation. The order shall be issued to the licensee of the business; to the owner of the business or agent of the owner if the business has not obtained a business license as required by this chapter; and to the owner of the premises on which the business is being conducted. For purposes of this Subsection B, for a business that has not obtained a business license as required by this section, any manager or other person responsible for the operation of the unlicensed business on the premises is deemed the agent of the owner of the business.
(1)
Service of order and other notices. The order and all other notices
required by this chapter shall be in writing and shall be hand delivered
to the addressee or shall be sent to the addressee by certified mail,
return receipt requested, and by first class mail. Depositing such
order or notice in the United States mails shall constitute service
thereof. If sent by mail, an order or notice shall be sent to the
following addresses:
(a)
If sent to the licensee of the business, the order or other
notice shall be sent to the address of the licensee as stated in the
license application.
(b)
If sent to the owner or agent of an owner of a business that
does not have a current license, the order or other notice shall be
sent to the address of the premises at which the business is conducted.
(c)
If sent to the owner of the premises at which a business is
conducted, the order or other notice shall be sent to the address
for the premises owner as stated in the license application, or, if
no address is stated in the license application, the address for the
owner as contained in the records of the Maryland Department of Assessments
and Taxation.
(2)
Period for compliance. The order shall require compliance within
10 days after service of the order.
(3)
Hearing. Upon written application by a person who has been served with an order under this Subsection B, delivered to the Chief Officer before the expiration of the ten-day period for compliance, the hearing shall be scheduled with the Chief Operating Officer. Notice of such hearing shall be given to the person who requested the hearing in the manner prescribed in Subsection B(1). Compliance with the order is suspended pending the Chief Operating Officer's determination following the hearing. As a result of the hearing, the Chief Operating Officer shall issue a written determination that affirms, modifies or rescinds the order, and if the order is affirmed or modified, the Chief Operating Officer's determination shall set a new time for compliance with the order. The Chief Operating Officer's determination shall be served promptly on all persons upon whom the original order was served.
[Amended 5-8-2017 by Ord.
No. O-17-19; 7-1-2019 by Ord. No. O-19-16]
C.
Prohibited conduct. If an order entered pursuant to Subsection B that requires an unlicensed business to obtain a business license as required by this chapter is not complied with within the time specified in Subsection B(2) or (3):
(1)
The business may not continue to operate until the required license
is obtained.
(2)
A person may not continue to conduct or engage in the business until
the required license is obtained.
(3)
The owner of the premises on which a business is conducted may not
allow business to continue to operate until the required license is
obtained. If a business continues to operate on the premises after
an order has been served on the owner of the premises, the owner of
the premises is deemed to have allowed the business to continue to
operate unless the owner demonstrates by clear and convincing evidence
that the owner made reasonable efforts to force the business to cease
operations until a license is obtained.
(4)
A person may not be present on the premises in which the business
is conducted until the required license is obtained.
(5)
The City shall post notices on the outside and inside of the premises
in which the business is conducted giving notice that the business
is not licensed as required by law, that the business may not operate
until the license is obtained, that any person engaged in or conducting
business on the unlicensed premises is guilty of a misdemeanor punishable
by a fine of $1,000, that any other person present on the unlicensed
premises is guilty of a municipal infraction punishable by a fine
of $500, and that removal of the notice is a misdemeanor punishable
by a fine in the amount of $1,000.
D.
Penalties.
(3)
A person who removes a notice posted by the City pursuant to Section
C(5) of this chapter is guilty of a misdemeanor, punishable by a fine
in the amount of $1,000.
(4)
A person who violates any other provision of this section is guilty
of a municipal infraction, punishable by a fine in the amount of $500.
Each day that a person engages in an act that violates this section
constitutes a separate offense.
E.
A municipal infraction citation for a violation of this section shall
be served in the manner required by Maryland Annotated Code, Article
23A, Section 3(B).
F.
A municipal infraction citation for a violation of this section may
be issued and served by a sworn officer or a code enforcement officer
of the Seat Pleasant Police Department.
G.
Without limitation upon or election against any other available remedy,
including the right to seek and obtain abatement of a municipal infraction
pursuant to Maryland Annotated Code, Article 23A, Section 3(B), the
City may apply to a court of competent jurisdiction for an injunction
enjoining any violation of this section. The court shall award attorney's
fees and costs to the City if the City succeeds in obtaining an injunction.
[Added 7-1-2019 by Ord. No. O-19-16[1]]
Purpose. Because the unregulated maintenance and operation of
dumpsters, including construction site dumpsters, presents a threat
to the public health, safety, environment, and general welfare, no
person, business, or any other entity shall operate, keep, store,
or maintain a dumpster or temporary dumpster without first obtaining
the dumpster license required by this chapter, and shall maintain
said dumpster in accordance with said license, this chapter, and any
regulation promulgated hereunder.
A.
License
required. No dumpster, including a temporary dumpster, shall be used
without first obtaining a license from the Neighborhood and Commercial
Compliance Inspector, but not including a dumpster used for one-day
special events permitted by the City of Seat Pleasant. If a dumpster
is to be located upon a public way, then a permit from the City of
Seat Pleasant Neighborhood and Commercial Compliance (NCC) Inspector
is required. If the Neighborhood and Commercial Compliance Inspector
determines that a submitted dumpster license application is accurate
and adequate to keep the site free from debris, refuse, trash, solid
waste or like materials that is injurious to the public health, safety
and environment, the Neighborhood and Commercial Compliance Inspector
may issue a license for the establishment or dumpster. Performance
of the activities scheduled in the dumpster plan shall be a condition
of the license and nonperformance of the activities scheduled in the
dumpster plan shall be a violation of the license and conditions of
this chapter.
B.
Contents
of license application. A complete application (also referred to hereafter
as "application") consists of a completed application form and a dumpster
plan attached thereto. The dumpster license application form shall
be in a form approved by the Neighborhood and Commercial Compliance
Inspector. It shall be the responsibility of all responsible parties
to submit and sign the application and to take possession of and be
jointly responsible for the license. In the event that a responsible
party terminates use of the dumpster, then the owner of the lot shall
be required to obtain a new license with any new responsible party.
All responsible parties shall agree to follow the dumpster plan, and
be jointly and severally liable with the owner of the lot, and indemnify
the City of Seat Pleasant for any damages caused by noncompliance
with the duties contained in this chapter.
C.
Dumpster
plan. A dumpster plan shall, at a minimum, include the following information,
or other information as required by the Neighborhood and Commercial
Compliance Department:
(1)
The
address of the lot on which the dumpster is located;
(2)
The
name, address, and telephone number of the owner of the lot;
(3)
The
name, address, and telephone number of the tenant operator(s) of the
establishment(s) located on the lot which will use the dumpster;
(4)
The
type of establishment(s) located on the lot which will use the dumpster
and nature of its (or their) business;
(5)
A
description of how employees of residents are notified about the proper
use of a dumpster and a copy of all written materials given to employees
or residents;
(6)
A
plot plan accurately depicting the lot;
(7)
The
location of any dumpster and associated fencing or screening on the
lot, and the location of the dumpster in relation to all abutting
property;
(8)
A
weekly schedule detailing the times and days of the week for cleaning
the dumpster and lot, and maintaining the lot free of windblown litter
and refuse;
(9)
The
name of the owner of the lot or responsible party or designee responsible
for overseeing the cleaning and maintenance of the lot;
(10)
The name, address, contact name, and telephone number of the waste
hauling company responsible for servicing the establishment or dumpster;
and the name, address, contact name, and telephone number of the person
or entity signing the contract with the waste-hauling company;
(11)
The date, time and frequency of service by the waste-hauling company,
including proof of recycling based on the previous year's invoices,
if applicable;
(12)
Any and all permits and/or licenses issued by Prince George's County
Department of Permits relating to the management, storage, and disposal
of solid wastes and hazardous materials, and hazardous wastes generated,
stored, or disposed on the lot;
(13)
The name, address, and telephone number of the pest control company
servicing the establishment or dumpster;
(14)
Any other information required by the Neighborhood and Commercial
Compliance Department to ensure that the lot is maintained in a sanitary
condition free of debris, refuse, trash, solid waste, or like materials
that is injurious to the public health, safety, and environment; and
(15)
A copy of the contract with the waste-hauling company responsible
for servicing the dumpster.
[Added 7-1-2019 by Ord. No. O-19-16]
The fee for the license shall be $100. The license shall be
applied for in accordance to the terms of the license.
[Added 7-1-2019 by Ord. No. O-19-16]
The term of the license shall be 90 days for a temporary dumpster.
License shall be renewable for additional ninety-day period, after
submission and approval of a renewal application, not to exceed a
total period of six months.
[Added 7-1-2019 by Ord. No. O-19-16]
All dumpsters shall be located at a distance from the lot line,
as approved by the Neighborhood and Commercial Compliance Department,
so as not to interfere with the safety, convenience, or health of
abutters, residents, and the public. All dumpsters shall be placed
so that any liquid or runoff from the dumpster shall not enter any
storm drains. All dumpsters shall be placed so as not to interfere
with the physical integrity of the curb, sidewalk, and public parking.
The location of all dumpsters shall also be subject to approval by
the Neighborhood and Commercial Compliance Department.
[Added 7-1-2019 by Ord. No. O-19-16]
All dumpsters shall be in new or good condition free of damage
caused by wear or misuse that would allow leaks or access by rodents.
All dumpsters shall be covered and secured at all times except when
being filled or emptied. Temporary dumpsters shall be covered when
not in use (including overnight) at a minimum with a tight-fitting
tarp. All dumpsters shall be deodorized and washed on a regular schedule.
The Neighborhood and Commercial Compliance Inspector, or designee,
may require more frequent cleaning, if necessary. If rodent activity
or other site hygiene issues are prevalent, the Neighborhood and Commercial
Compliance Inspector may require additional design/containment requirements
utilizing best available technology.
[Added 7-1-2019 by Ord. No. O-19-16]
The dumpster plan and license shall be posted in a visible location
on the lot or establishment thereon, accessible to an inspector on
the premises. All dumpsters shall display a clearly visible decal
or stencil showing the name and telephone numbers of the company/contractor
servicing the dumpster.
[Added 7-1-2019 by Ord. No. O-19-16]
A.
Authority.
In order to properly carry out their respective responsibilities under
this Code, and to ensure that the public health, safety and environment
are protected from the hazards posed by unsanitary and unhealthy conditions,
the Neighborhood and Commercial Compliance Department is authorized
to examine and/or survey at any reasonable time all establishments
and dumpsters licensed hereunder.
B.
Systematic
area inspections. The Neighborhood and Commercial Compliance Department
is authorized to develop and adopt plans and regulations for systematic,
periodic area-wide inspections of dumpsters and establishments required
to obtain a license.
C.
Interference
with inspection. If any owner, occupant, or other person refuses,
impedes, inhibits, interferes with, restricts, or obstructs entry
and free access to the lot, operation, or premises where inspection
is authorized by this chapter, the Neighborhood and Commercial Compliance
Department may seek in a court of competent jurisdiction an inspection
warrant that allows for the inspection of the lot and apprises the
owner of the lot and/or responsible party concerning the nature of
the inspection, the scope of the inspection, and justification for
it and may seek the assistance of the Seat Pleasant Police Department
in presenting said warrant. The owner, occupant, or other person shall
be responsible for any and all fees and costs incurred by the Neighborhood
and Commercial Compliance Department in obtaining said warrant.
[Added 5-13-1996 by Ord. No. 96-02]
Any violation of §§ 107-4, 107-8, 107-9A(2), (3) or (4), 107-10A and 107-15 of this chapter shall be punishable by a fine of $100. If a person has violated § 107-4 or 107-15 and the violation has continued for more than one day, then the violator shall be assessed an additional fine of $50 for each day a violation of these sections exist.
