Town of Chesapeake Beach, MD
Calvert County
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[HISTORY: Adopted by the Town Council of the Town of Chesapeake Beach 12-18-1997 by Ord. No. O-97-10 (Ch. 40, Art. II, of the 1997 Town Code). Amendments noted where applicable.]
Dangerous buildings — See Ch. 115.
Littering — See Ch. 173.
Minimum livability code — See Ch. 185.
Mobile homes and mobile home parks — See Ch. 190.
Sanitary code — See Ch. 214.
Solid waste — See Ch. 228.
Weeds — See Ch. 280.
Every building, structure, or premises, and all parts thereof shall be maintained in good repair and in a safe and sanitary condition. Buildings shall be structurally sound and maintained in accordance with minimum maintenance and sanitation standards provided in §§ 200-2 and 200-3 of this chapter at all times. All mechanical and electrical equipment, means of egress, safety devices, or safeguards required by this code or provided by the owner shall be maintained in good working order. Alterations, repairs, additions and changes of occupancy to existing structures or buildings shall comply with the provisions of this chapter.
All exterior portions of a building which are painted in normal practice or which require painting to preserve, protect, or renovate the surface shall be painted. All painted surfaces shall be in good condition and freed of flaking, loose, or defective surfacing materials.
Roofing shall be provided to prevent the entrance of moisture and shall be maintained so as not to leak. If said roofing does not prevent the entrance of moisture, it shall be repaired and waterproofed.
Gutters and downspouts shall be provided to properly collect, conduct, and discharge the water from the roof.
Every foundation, wall, floor, ceiling, window, door, and hatchway shall be maintained so as to be structurally sound, fit for its purpose, and verminproof; in addition, every wall, window, door, and hatchway shall be maintained so as to be weatherproof, waterproof, and secure from casual entry.
Every stairway, including inside stairs and rails, porches, and appurtenances thereto, shall be kept in sound and safe condition and good repair.
All sheds, barns, garages, fences, and other structures shall be maintained in good repair, free from health, accident, or fire hazards, or they shall be removed from the premises.
Every facility, piece of equipment, or utility required by law shall be so constructed or installed so as to function safely and effectively and shall be maintained in good working condition.
Ceilings, walls, and floors shall be maintained free of holes, large cracks, or loose and deteriorated material so that parts which become defective do not constitute a hazard to the occupants nor a harborage for insects or vermin. Loose or defective sections shall be removed and replaced so that the joint between the repaired and the sound material is made flush and smooth. Split, splintered, or badly worn material shall be replaced.
Fire protection. All required fire protection, such as the separation between nonresidential and dwelling occupancies, shall be provided and maintained in good repair. All fire doors shall be maintained in an operable condition and shall be equipped with approved self-closing devices and all required hardware, including hinges, knobs, and latching mechanisms.
Ratproofing. All buildings shall be ratproofed and maintained in a ratproof condition by the owner or agent. Such ratproofing shall include but is not limited to the following:
Prevention of entrance by blocking off or stopping up all passages by which rats may secure entry from the exterior with rat-impervious material.
Prevention of interior infestation by rat stoppage, harborage removal, the paving of basements, cellars, and any other areas which are in contact with the soil, and such cleanliness as may be necessary to eliminate rat breeding places.
Quality of materials and workmanship. Material used in making any repairs shall be of a quality suitable for the purpose and of a kind normally used by a good mechanic to accomplish a repair. Repairs shall be accomplished in a workmanlike manner and according to accepted standards of the trade.
All lots, buildings, and premises, including abutting sidewalks, gutters, and alleys, shall be maintained in a clean and sanitary condition as provided for herein.
A clean and sanitary exterior condition shall include but not be limited to the following requirements:
Premises shall be kept free from any accumulation of trash and debris, garbage, animal waste, or similar matter.
Premises shall be kept free from and effectively protected against infestation by rodents, vermin, insects, or other pests.
The height of grass and weeds shall be kept below 12 inches, and shrubs shall be kept trimmed so as not to encroach upon adjacent property.
Premises shall be kept free from abandoned and inoperable vehicles.
Premises shall be kept free from any object, material, or condition which constitutes a nuisance or a health, accident, or fire hazard.
Outdoor maintenance and storage of permitted objects and materials shall be in a neat and orderly fashion and such objects and materials shall be elevated one foot off the ground to prevent rat harborage, except where the Public Works Administrator determines that elevation is unnecessary for such purpose.
Discarded or abandoned articles of such bulk as to preclude disposal in required receptacles shall be conveyed to an appropriate municipal or approved private disposal area.
No garbage, trash, debris, or other discarded objects or materials shall be deposited on sidewalks, alleys, streets, or lots adjacent to the premises.
Garbage, trash, and debris.
There shall be provided in a location accessible to the occupants, either inside the building or contiguous thereto, a sufficient number of storage receptacles into which garbage, trash, and debris from the individual units shall be emptied and stored between days of collection.
Storage receptacles shall be made of a durable material and shall be watertight with tight-fitting covers to control odor and prevent animal access.
Storage receptacles shall be maintained at all times in good repair and kept tightly closed to prevent blight, nuisance, rat infestation, and the dispersal of trash and garbage.
If, in the opinion of the Public Works Administrator, the exterior maintenance of storage receptacles is causing nuisance or blight, the building official may require the receptacles to be stored inside the building they serve between days of collection or, in the discretion of the Public Works Administrator, within a contiguous enclosed structure.
No garbage, trash, or debris shall be placed out for collection except in proper storage receptacles. Where collection is from a sidewalk or alley, receptacles shall be placed out no earlier than the evening preceding the day of collection. Receptacles placed on a sidewalk or alley shall be promptly returned to the premises after collection.
A clean and sanitary interior condition for each unit and for the shared, common, or public areas within each building containing more than one unit shall include but not be limited to the following requirements:
Floors, floor coverings, and other walking surfaces shall be kept clean and free of trash, debris, dirt, filth, garbage, human, and animal wastes and any other unsanitary matter or cause of nuisance.
Walls, ceilings, windows, and doorways shall be clean and free of dirt, greasy film, soot, and any other unsanitary matter.
Plumbing fixtures shall be kept in a clean and sanitary condition.
There shall be sufficient receptacles inside each unit to contain its garbage, trash, and debris.
Premises shall be kept free from and effectively protected against infestation by insects, rodents, vermin, or other pests.
"Garbage, trash and debris," as used in this section, shall include but not be limited to any outdoor accumulation, without permit, of rubbish, litter, garbage, paper, rags, ashes, leaves, cans, cartons, bags, animal waste, filth, dead animals, rubble, demolition debris or construction and building material, cabinets, furniture, equipment, vehicle parts, tires, appliances, appliance parts, iceboxes, refrigerators, logs, tree branches, yard trimmings, and similar objects and material.
Every occupant, whether by lease or otherwise, shall keep in a clean and sanitary condition that part of the building or unit and the premises thereof which he occupies and controls. Failure of the owner or operator of a property to comply with the provisions of this chapter shall not relieve the occupant of his responsibilities and duties under this section.
Every occupant shall maintain his own unit in compliance with the requirements of this chapter.
Every occupant of a single-unit building shall be responsible for the extermination of any insects, rats, or other pests, with the exception of termites and other wood-destroying insects, therein or on the premises; and every occupant of a unit in a building containing more than a single unit shall be responsible for the extermination of such pests whenever his unit is the only area affected.
Every occupant of a single-unit building and every occupant of any unit with exclusive use of and control over exterior property areas shall maintain those exterior premises, including the abutting sidewalks, gutters, and alleys, in compliance with the requirements of this chapter.
Every occupant of a single-unit building shall provide and maintain the number and type of storage receptacles for garbage, trash, and debris required by § 200-3.
Every occupant shall dispose of garbage, trash, or debris in a manner that complies with § 200-3.[1]
Editor's Note: Former § 40-209, Abandoned and inoperable vehicles, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No sewer or outlet of any water main, water spigot, cesspool, toilet, septic tank, sink, basin, or bath house shall be allowed to flow onto any public street, alley, sidewalk, or in any manner impair or endanger the public health or property of the Town, unless written authorization is received from the Public Works Administrator.
It shall be unlawful to direct surface water or groundwater from one's property onto any public street, alley or sidewalk, unless written authorization is given from the Public Works Administrator. Nothing in this Subsection B shall require an alteration of the natural topography of a person's property, but "direct" as used in Subsection B shall include, but not be limited to, alterations of the natural topography of the property.
[Amended 8-19-2010 by Ord. No. O-10-12]
The Mayor, or his designee, whenever he determines that a violation of any provision of § 200-2 or 200-3 constitutes an immediate threat of harm to the public health, safety or welfare because it poses a substantial risk of fire or of an infestation of rats, snakes, insects or other vermin, or other substantial and immediate threat of injury to any member of the public, shall undertake to remedy the offending condition in accordance with the terms of this subsection. A violation of § 200-3A(3) of this chapter, among others, constitutes a qualifying condition under this subsection.
The Mayor, or his designee, shall notify, in writing, the owner, lessee, occupant, agent in charge, or the person responsible for the maintenance of the property to correct such violation. Such notice shall be by personal delivery to such person or by United States Postal Service certified mail addressed to such person at his or her last known address or the address shown on the real property tax records. In the event that such notice is returned by the postal authorities, and when reasonable attempts at personal delivery are unsuccessful, then a copy of such notice shall be sent by first class mail to the last known address of such person, and if such person is not the owner, a copy of the notice shall be sent to the owner at the address shown on the real property tax records, and a copy of the notice shall be posted in a conspicuous place on the premises, and such procedure shall constitute service on the date of such mailing and posting.
Upon the failure, neglect or refusal of any owner, lessee, occupant, agent in charge or responsible person to remove, abate, or eliminate the condition within 10 calendar days after service of the notice by personal delivery or certified mail, or within 10 calendar days of the mailing and posting of the written notice provided for in Subsection A(1) of this section, the Town will undertake the required corrective action, by contract or by Town personnel.
When the Town has effected the removal, disposal, abatement, or elimination of conditions prohibited in this chapter, the Town Treasurer shall send a statement of costs to the owner of record of the property with copies of the statement of costs to the tenant, lessee, occupant and/or agent in charge of the property, if applicable, for the actual cost to the Town of correcting the offending condition, together with any administrative, enforcement, legal and court costs incurred by the Town in connection therewith. Until the expenses are paid by the owner, they shall constitute a lien upon the property, and the Town Treasurer shall add such costs to the tax bill for the year, and they shall be collected in the same manner as other Town taxes.
In addition to the provisions of Subsection A of this section, a violation of any provision or requirement of this chapter, unless otherwise specifically provided, shall constitute a municipal infraction and shall be punishable by a fine of $500 per occurrence. Each day a violation exists shall constitute a separate offense.
In addition to the remedies and penalties provided in Subsections A and B of this section, the Town shall have the right to institute injunctive, mandamus or any other appropriate action or proceedings at law or equity for enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate form of remedy or relief.