B.
Repairs or alterations to a structure or changes of use to it, which
may be caused directly by the enforcement of this code, shall be done
in accordance with the procedures and provisions of the Aberdeen Building
Code, Plumbing Code, Mechanical Code and Electrical Code or any other
code or standard applicable to housing.
C.
The provisions in this code shall not abolish or impair any remedies
available to the City or its officers or agencies relating to the
removal or demolition of any structures which are deemed to be dangerous,
unsafe and unsanitary.
D.
Repairs, maintenance, alterations or installations which are required
for compliance with this code shall be executed and installed in accordance
with industry standards so as to secure the results intended by this
code.
The City shall have the duty and responsibility to enforce the
provisions of this code.
A.
The Mayor and Council may waive applicability of this code, in whole
or part, to a unit of rental housing on application of the property
owner if:
B.
In reaching a determination on an application for waiver, the Mayor
and Council shall issue a written decision specifying the reasons
for granting or denying the waiver. Both the property owner and the
tenant shall have the right to appeal the waiver decision in accordance
with the rights and procedures set forth in this code.
C.
A waiver may be granted by the Mayor and Council and may continue
in full force and effect beyond the term of the lease of the current
tenant. Any prospective tenant shall be notified, upon application
for a lease for this unit of rental housing, that this unit has been
granted a waiver from a provision(s) of this code and that his or
her occupancy will be subject to that waiver.
D.
The Mayor and Council may waive applicability of this code if the
waiver is granted on the basis of the religious practices of the occupant
of the unit of rental housing.
E.
The Mayor and Council shall review a waiver granted under this section
within 12 months after the waiver is granted and at least every 12
months thereafter.
The Mayor and Council shall decide questions of interpretation
of this code.
A person may not be displaced by enforcement of this code unless
alternate housing of comparable affordability is available within
a reasonable distance of the vacated premises, except where there
is an imminent threat to health and safety due to unsafe conditions.
Enforcement and waiver applications are not intended to supersede
any state laws, such as, but not limited to, the following:
A.
Code official.
(2)
Notices and orders. The code official shall issue all notices and
orders necessary to ensure compliance with this code.
(3)
Right of entry. If a property owner, tenant or operator of a structure
refuses, impedes, inhibits, interferes with, restricts or obstructs
entry and free access to any part of the structure or premises where
inspection authorized by this code is sought, the Mayor and Council
may seek, in a court of competent jurisdiction, an order that the
property owner, tenant or operator cease and desist from the interference.
(4)
Inspections. The code official is authorized to enter a structure
or premises at any reasonable time upon providing reasonable notice
to the property owner and tenant for the purpose of making inspections
and performing duties under this code, such as, but not limited to,
instances where there is an imminent threat to health and safety due
to unsafe conditions.
(5)
Alterations and repairs.
(a)
The Mayor and Council have the authority to require and approve
any alterations or repairs necessary to bring a structure or premises
into compliance with this code. The determination of what may be necessary
to bring the premises into compliance shall take into consideration
the use of alternatives and equivalent approaches as provided for
in this code.
(b)
The Mayor and Council shall have the authority to approve changes
in alterations or repairs in the field when conditions are encountered
which make the originally approved work impractical, if the changes
in approved work can be readily determined to be in compliance with
this code and are requested by the property owner or his agent before
the changes.
(c)
The changes shall be specifically documented by the property
owner or by his agent, describing the change in work and the reasons
and justification for the change, and shall be filed with the permit
for the project.
(6)
Access by property owner or operator. A tenant of a structure or
premises shall give the property owner or operator or agent or employee
access to any part of the structure or its premises at reasonable
times upon being given reasonable notice for the purpose of making
the inspection, maintenance, repairs or alterations as are necessary
to comply with the provisions of this code.
(7)
Identification. The code official shall disclose identification for
the purpose of inspecting a structure or premises.
(8)
Coordination of enforcement.
(a)
The inspection of structures and premises, the issuance of notices
and orders and enforcement of them shall be the responsibility of
the code official.
(b)
Whenever, in the opinion of the code official initiating an
inspection under this code, it is deemed necessary or desirable to
have inspections by any other governmental official or agency, the
code official shall make a reasonable effort to arrange for the coordination
of the inspections so as to minimize the number of visits by inspectors.
(c)
The code official shall confer with the other governmental official
or agency for the purpose of eliminating conflicting orders before
any are issued.
(d)
The code official may not, however, cause the delay of the issuance
of any emergency orders by a governmental official or agency which
the governmental officer or agency determines must be issued.
B.
Rule-making authority. The Mayor and Council shall have power to
adopt and promulgate rules and regulations to interpret and implement
the provisions of this code to further its intent. Rules and regulations
adopted under this subsection shall take effect and be enforceable
only after they have been approved by resolution of the Mayor and
Council.
A.
Unsafe structures.
(1)
When a structure or part of it is found by the code official to be
unsafe or unfit for human occupancy or use, the code official may
recommend to the Mayor and Council that the structure or part of it
be condemned. After further inspection of the structure by the Department,
the Mayor and Council may order the structure or part of it to be
placarded and vacated pursuant to the provisions of this code. The
structure or part of it may not be reoccupied without approval of
the Mayor and Council.
(2)
An unsafe structure is one in which all or part of it is found by
the Mayor and Council 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.
B.
Unsafe equipment.
(1)
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 Mayor and Council to be hazardous to the life,
health, property or safety of the tenants of the premises or structure.
(2)
Unsafe equipment may contribute to the finding that the structure
is unsafe or unfit for human occupancy or use.
(3)
Unsafe equipment may be condemned, placarded and placed out of service
pursuant to the provisions of this code.
C.
Structures unfit for human occupancy. A structure is unfit for human
occupancy or use whenever the Mayor and Council find that it is unsanitary
or vermin or rodent infested, contains filth or contamination or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code.
D.
Closing of condemned structures. Upon failure of a property owner
to close or vacate a premises within the time specified in an order,
the Mayor and Council may cause the premises to be closed through
any available public agency or by contract or arrangement with private
persons, and the cost shall be charged against the real property upon
which the structure is located and shall be a lien upon the real property.
A.
General.
(1)
Whenever the code official determines that there is a violation of
this code or has reasonable grounds to believe that a violation is
occurring or whenever the Mayor and Council have determined to condemn
a structure or part of it or equipment in accordance with this code,
notice shall be given to the property owner and to the tenant in the
manner prescribed in 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:
(a)
By delivering to the person to be served or his or her agent
a copy of the notice and all other necessary papers; or
(b)
By mailing to the person to be served at his or her last known
address or to his or her agent, by first-class and certified or registered
mail, with return receipt requested, a copy of the notice and all
other necessary papers.
(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.
C.
Notice to vacate. When a condemnation order is served on a tenant,
the tenant shall be given reasonable time to vacate the structure,
except that where there is an imminent threat to health and safety
due to unsafe conditions, then the occupants of the building will
be required to vacate immediately.
D.
Transfer of ownership. A property owner who has received a compliance
order or upon whom a notice of violation has been served may not sell,
transfer, mortgage, lease or otherwise dispose of the premises until:
(1)
The provisions of the compliance order or notice of violation have
been complied with; or
(2)
The property owner shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of the compliance order or notice of violation
issued by the Mayor and Council and shall furnish to the Mayor and
Council a signed and notarized statement from the grantee, transferee,
mortgagee or lessee in which he or she acknowledges receipt of the
compliance order or notice of violation and states that he or she
fully accepts and assumes the responsibility without condition for
making the corrections or repairs required by the compliance order
or notice of violation.
E.
Removal of placard. No individual may deface or remove a condemnation
placard without the approval of the Mayor and Council.
A.
Criminal penalty. A violation of this chapter is deemed to be a misdemeanor.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be subject to a fine not to exceed $500 or imprisonment
for a term of not to exceed three months, or both. Each twenty-four-hour
period in which a violation exists shall constitute a separate offense.
[Amended 4-9-1990 by Ord. No. 358-90[1]]
B.
Other penalties. A penalty ordered under this code is in addition
to and is not a substitute for any other penalty authorized by federal,
state or local law.
A person affected by a decision of the Mayor and Council which
has been made in connection with the enforcement of any provision
of this code or of a regulation adopted pursuant to this code may
appeal to the Circuit Court for Harford County.
