SCOPE AND GENERAL REQUIREMENTS
SECTION PM 101
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Section PM 101.1, Title, is amending the subsection
and substituting the following:
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PM 101.1 Title. These regulations shall be known
as the "Town of Denton Property Maintenance Code," herein referred
to as "Chapter 94."
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PM 101.1.1 Jurisdiction. This chapter shall regulate
all housing and property maintenance, residential or nonresidential,
on any property, vacant lot, parcel, or otherwise, within the incorporated
limits of the Town of Denton.
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PM 101.2 Scope. The provisions of this code shall
apply to all existing residential and nonresidential structures and
all existing premises and constitute minimum requirements and standards
to premises, structures, equipment, and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, a reasonable
level of safety from fire and other hazards, and for a reasonable
level of sanitary maintenance; the responsibility of owners, an owner's
authorized agent, operators and occupants; the occupancy of existing
structures and premises, and for administration, enforcement and penalties.
[Amended 2-3-2022 by Ord. No. 726] | |||||
PM 101.3 Purpose. The purpose of this code is to
establish minimum requirements to provide a reasonable level of health,
safety, property protection and general welfare insofar as they are
affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a reasonable
minimum level of health, safety and general welfare as required herein.
[Added 2-3-2022 by Ord. No. 726] | |||||
PM 101.4 Severability. If a section, subsection,
sentence, clause or phrase of this code is, for any reason, held to
be unconstitutional, such decision shall not affect the validity of
the remaining portions of this code.
[Added 2-3-2022 by Ord. No. 726] | |||||
SECTION PM 102
APPLICABILITY
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Section PM 102.3, Application of other codes, is
amended by deleting the subsection in its entirety and substituting
the following:
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PM 102.3 Application of other codes. Repairs, additions, alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the code standards referenced in § 94-2.1, General amendments. Nothing in this chapter shall be construed to cancel, modify or set aside any provisions of the Denton Town Code.
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Section PM 102.8.1, Conflicts, is amended by deleting
the subsection in its entirety and substituting the following:
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PM 102.8.1 Conflicts. Where conflicts occur between
provisions, regulations, and requirements of this chapter and the
referenced standards, the stricter provisions, regulations, and requirements
shall apply.
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SECTION PM 104
FEES
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Section PM 104.1, Fees, is amended by deleting the subsection
in its entirety and substituting the following:
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PM 104.1 Fees. Fees for activities and services
performed by the Department in carrying out its responsibilities under
this chapter shall be according to the fee schedule as established
by resolution of the Mayor and Town Council that may be amended from
time to time.
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SECTION PM 105
DUTIES AND POWERS OF THE CODE OFFICIAL
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Section PM 105.1, General, is amended by deleting
the subsection in its entirety and substituting the following:
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PM 105.1 General. The Code Official is hereby authorized and directed to enforce the provisions of this chapter and the provisions of Chapter 98, Residential Rental Housing, of the Denton Town Code. The Code Official shall have the authority to render interpretations of these codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of these codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided in these codes.
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PM 105.1.1 Conflicts of interest. No Town employee
who has an official duty in connection with this Department and/or
the enforcement of the provisions, regulations, and requirements of
this Chapter shall be financially interested in the furnishing of
labor, materials or appliances for the construction, alteration, or
maintenance of a building, or in making plans or specifications therefor,
unless he or she is the owner of the building. No such employee shall
engage in activity which is inconsistent with the public interest
and his or her official duties.
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PM 105.1.2 Rule-making authority. The Code Official
shall have the authority as necessary, in the interest of public health,
safety and general welfare, to adopt, promulgate rules and procedures,
and to designate requirements applicable because of local climate
or other conditions. Such rules shall not have the effect of waiving
structural or fire performance requirements, or of violating acceptable
engineering methods involving public safety.
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Section PM 105.2, Inspections, is amended by deleting the subsection
in its entirety and substituting the following:
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PM 105.2 Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals, to enforce the provisions of this chapter and Chapter 98, Residential Rental Housing, of the Denton Town Code. All reports of such inspections shall be in writing and be certified by a responsible official of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the authority having jurisdiction, and on any potential violations of the Denton Town Code.
[Amended 2-3-2022 by Ord. No. 726] | |||||
SECTION PM 107
MEANS OF APPEAL
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Section PM 107, Means of appeal, is amended by
deleting the subsection in its entirety and substituting the following:
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PM 107.1 Application for appeal. Any person directly
affected by a decision of the Code Official or a notice or order issued
under this chapter or any applicable portion of the Denton Town Code
by which a decision of the Code Official is based shall have the right
to appeal in any of the procedures as provided for in Sections PM
107.1(a), 107.1(b), and 107.1(c), provided that an application for
appeal is filed within the time as specified in Section PM 107.1(a),
107.1(b), or 107.1(c), after the day the decision, notice, or order
was served. An application for appeal shall be based on a claim that
the true intent of this chapter, or regulations of the Denton Town
Code, or the rules legally adopted thereunder, have been incorrectly
interpreted, or the provisions of this chapter or Denton Town Code
do not fully apply or the requirements are adequately satisfied by
other means.
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PM 107.1(a) Administrative appeal of citations or fines. The owner or person affected by the decision and penalties of the
Code Official pursuant to Section PM 106 may submit an application
for appeal within 10 calendar days of the receipt of a citation to
the Director of the Department. The application shall include a written
and detailed explanation for the grounds of appeal. The Director or
Administrator of the Department shall issue a written decision affirming,
modifying, reversing, revoking or vacating the decision and penalties
within 10 calendar days of the receipt of such appeal.
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PM 107.1(b) Hearing before the Board of Appeals. The owner or person affected by the decision and penalties of the Code Official pursuant to Section PM 106 may submit an application for appeal within 20 days of the receipt of a ticket or citation to the Denton Town Board of Appeals. The application shall include a written and detailed explanation for the grounds of appeal. The procedure, standards, and provisions of the Board of Appeals shall be in accordance with § 128-163 of the Denton Town Code and the following:
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Limitations on authority. An application for appeal shall be
based on the claim that the true intent of the chapter or applicable
Town Code has been incorrectly interpreted, the provisions of the
chapter or Town Code do not fully apply, or an equally good or proper
substitution is available in lieu of the application of the chapter
or Town Code section. The Board of Appeals shall have no authority
to waive the requirements of this chapter or any provision of the
Denton Town Code.
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Payment of fees. The fees for a hearing before the Board of
Appeals, as established in the general fee schedule that may be amended
from time to time by the Denton Town Council by resolution, shall
not be charged if the applicant prevails on all issues presented to
the code official or at any level of appeal.
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PM 107.1(c) Court review. The owner or person affected
by the decision and penalties of the code official pursuant to Section
PM 106 may request to stand trial by the appropriate Court.
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SECTION PM 109
VIOLATIONS
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Section PM 109.1, Unlawful acts, is amended by deleting the
subsection in its entirety and substituting the following:
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PM 109.1 Unlawful acts. Any person, as defined
in PM Section 202, who shall violate any provision or provisions of
this chapter or shall fail to comply with any requirements hereof
shall be subject to any of the enforcement mechanisms and penalties
outlined in this chapter.
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Section PM 109.3, Prosecution of violation, is amended by deleting
the subsection in its entirety and substituting the following:
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PM 109.3 Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with PM Section 107 shall be deemed guilty of a municipal infraction,
and the violation shall be deemed a strict liability offense as defined
in PM Section 202. If the notice of violation is not complied with,
the Code Official is authorized to institute the appropriate proceedings
by law, including, but not limited to, the fines and penalties in
accordance with PM Section 106.4.1 and PM Section 106.4.2, or in equity
to restrain, correct, or abate such violation, or to require the removal
or termination of the unlawful occupancy of the structure or property
in violation of the provisions of this chapter or of the order or
direction made pursuant thereto. The Town Attorney is authorized to
prosecute a violation of any provision of this chapter.
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Section PM 109.4, Violation penalties, is amended by deleting
the subsection in its entirety and substituting the following:
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PM 109.4 Violation penalties. Any person who shall
violate a provision of this chapter, or fail to comply therewith,
or with any requirements thereof, shall be prosecuted within the limits
by state or local laws. Each day that a violation continues after
due notice has been served shall be deemed a separate offense. In
addition to said fine, the Town may request during the adjudication
of the infraction that the defendant abate the violation or, in the
alternative, permit the Town to abate the violation at the defendant's
expense in accordance with PM Section 109.4.2.
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PM 109.4.1 Fines. Any person violating the provisions
of this chapter may be subject to fines as established by resolution
of the Denton Town Council, and amended from time to time.
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PM 109.4.2 Unpaid penalties and costs. Any fine,
fee, penalty, and costs pursuant to the provision(s) of this chapter,
or any costs or related expenses associated with abatement of a violation(s),
shall be charged to the owner and tenant(s) of such property, and
if not paid in 90 days, shall be a lien against such property and
shall be collectible in the same manner in which delinquent taxes
against such real estate shall be collectible, or by any action at
law as deemed appropriate.
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PM 109.4.3 Repeat and continuous violations. For
the purposes of this chapter, repeat or continuous violations as defined
in Section PM 202 are the same violation or violations of the provisions
of this chapter occurring on three separate occurrences in a twelve-month
period, and subject to increases in fine in accordance with the fine
schedule as established by resolution of the Denton Town Council,
and amended from time to time.
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SECTION PM 110
STOP WORK ORDER
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Section PM 110.1, Authority, is amended by deleting the subsection
in its entirety and substituting the following:
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PM 110.1 Authority. Whenever the Code Official
finds any work regulated by the Denton Town Code without an approved
permit, or by this chapter, or being performed in a manner contrary
to the provisions of this chapter, or in a dangerous or unsafe manner,
the Code Official is authorized to issue a stop work order.
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Section PM 110.4, Failure to comply, is amended by deleting
the subsection in its entirety and substituting the following:
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PM 110.4 Failure to comply. Any person who shall
continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine in accordance
with PM Section 106.4.
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PM CHAPTER 2
DEFINITIONS
SECTION PM 202
DEFINITIONS
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Section PM 202, General definitions, is amended by deleting
certain terms in entirety and substituting the following:
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PM 202 Definitions.
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ABANDONED PROPERTIES. A property, real or personal,
which is unattended and either open and unsecured or which evidence
indicates that no person, entity, corporation, or otherwise is presently
in legal occupancy or any business legally in use of the property
or presently in possession, e.g., disconnected utilities, accumulated
debris, uncleanliness, disrepair, etc. Length of time or any particular
state of mind of the owner or person entitled to possession is not
conclusive in determining the property is abandoned.
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ACCESSIBLE PROPERTY. A property that is accessible
through a compromised/breached gate, fence, wall, etc.
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ACCESSIBLE STRUCTURE. A structure/building that
is unsecured and/or breached in such a way as to allow access to the
interior space by unauthorized persons.
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AGREEMENT. Any agreement or written instrument
which provides that title to a property shall be transferred or conveyed
from one owner to another owner after the sale, trade, transfer, or
exchange.
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ASSIGNMENT OF RENTS. Any instrument that transfers
the beneficial interest under a mortgage from one lender/entity to
another.
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BAMBOO, INVASIVE. Any species of running-type bamboo,
whereby the stems are grown from rhizomes and classified by the Maryland
Department of Natural Resources ("DNR") as an invasive species. The
most common types of invasive running-type bamboo are Golden Bamboo
("Phyllostachys aurea"), Japanese Timber Bamboo ("Phyllostachys bambusoides"),
Common Bamboo ("Bambusa vulgaris"), and Arrow Bamboo ("Pseudosasa
japonica").
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BAMBOO, NUISANCE. Any of the types of invasive
bamboo defined in this chapter as growing or otherwise encroaching
in or on to a public right-of-way or adjacent, abutting, or neighboring
premises shall be determined as a nuisance under this chapter.
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BENEFICIARY. A lender under a note secured by a
mortgage.
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BOARDED-UP BUILDING. Any building, the exterior
openings of which are closed by extrinsic devices or some other manner
designed or calculated to be permanent, giving the building the appearance
of nonoccupancy or nonuse for an indefinite period of time.
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BOARDING STANDARD. Securing and boarding of building or building premises according to Chapter 94, Denton Property Maintenance Code, of the Denton Town Code.
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BUYER. Any person, co partnership, association,
corporation, or fiduciary who agrees to transfer anything of value
in consideration for property described in an agreement of sale, as
defined in this subsection.
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CODE OFFICIAL. The official who is charged with
the administration and enforcement of the Denton Property Maintenance
Code, or any duly authorized representative, otherwise known as the
Property Maintenance Inspector for the Town of Denton.
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CONTAINMENT, BAMBOO. Containment of bamboo is the
means and methods, whether chemical, mechanical, or otherwise, used
to control or prevent growth and encroachment of bamboo on or into
a public right-of-way or adjacent, neighboring, or abutting premise.
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DANGEROUS BUILDING. Any structure that is in such
a condition creating a hazard to life and public welfare or meets
the definition as provided in the current adopted edition of the Denton
Property Maintenance Code.
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DAYS. Consecutive calendar days.
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DEED IN LIEU OF FORECLOSURE/SALE. Deed instrument
in which a mortgagor (i.e., the borrower) conveys all interest in
a real property to the mortgagee (i.e., the lender) to satisfy a loan
that is in default and avoid foreclosure proceedings.
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DEFAULT. The failure to fulfill a contractual obligation,
monetary or conditional.
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DEPARTMENT. The Department of Planning and Codes.
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DEPARTMENT, DIRECTOR OR ADMINISTRATOR OF. The Director
or Senior Code Official in charge of administration of the Department.
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DISTRESSED. A property that is under a current
notice of default and/or notice of trustee's sale and/or pending Tax
Assessor's lien sale or has been foreclosed upon by the trustee or
has been conveyed to the beneficiary/trustee via a deed in lieu of
foreclosure/sale.
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EVIDENCE OF VACANCY. Any condition that on its
own, or combined with other conditions present, would lead a reasonable
person to believe that the property is vacant. Such conditions include,
but are not limited to, overgrown and/or dead vegetation, accumulation
of newspapers, circulars, flyers and/or mail, past-due utility notices
and/or disconnected utilities, accumulation of trash, junk, and/or
debris, the absence of window coverings such as curtains, blinds and/or
shutters, the absence of furnishings and/or personal items consistent
with residential habitation, statements by neighbors, passersby, delivery
agents, and government employees that the property is vacant.
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FORECLOSURE. Proceeding by which a property, placed
as security for a real estate loan, is sold at auction to satisfy
the debt if the borrower defaults.
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INOPERATIVE MOTOR VEHICLE. Any motor vehicle or
trailer that cannot be immediately driven upon the public streets
for any reason including being unregistered, wrecked, abandoned, dismantled,
or in a partially dismantled condition, or from which the wheels,
engine, transmission, or any substantial part thereof have been removed,
or which for any reason is incapable of operation.
[Amended 2-3-2022 by Ord. No. 726] | |||||
LOCAL. Distance within 40 road/driving miles' distance
of the subject property.
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MORTGAGE. An instrument by which title to real
estate is encumbered in favor of a third party as security for a real
estate loan.
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MORTGAGEE. Any person, firm, or corporation holding
a mortgage on a property.
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MORTGAGOR. A borrower under a mortgage who deeds
property to a mortgage holder, or mortgagee, as security for the payment
of a debt.
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MOTOR VEHICLE. Any vehicle or device that is self
propelled or designed for self propulsion, including but not limited
to automobiles, buses, trucks, truck tractors, tractors and motorcycles.
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NEIGHBORHOOD STANDARD. Those conditions that are
present on a simple majority of properties within a three-hundred-foot
radius of an individual property. A property that is the subject of
a neighborhood standard comparison, or any other abandoned property
within the three-hundred-foot radius, shall not be counted toward
the simple majority.
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NOTICE OF DEFAULT. A recorded notice that a default
has occurred under a mortgage and that the beneficiary intends to
proceed with a trustee's sale.
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NUISANCE. Includes:
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1.
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A nuisance defined by statute or ordinance;
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2.
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A nuisance at common law either public or private;
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3.
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An attractive nuisance, whether in or on a building, a building
premises, or an unoccupied lot, which may constitute a danger to the
general public;
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4.
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Uncleanliness or any such condition that may be detrimental
to human life or health;
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5.
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Abandonment or vacancy for a period of three years or longer.
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OUT OF AREA. Distance in excess of 40 road/driving
miles' distance of the subject property.
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OWNER. Any person, agent, operator, firm or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the state, county or municipality, as holding
title or vested interest to the property; or otherwise having control
of the property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of such person
if ordered to take possession or control of real property by a court.
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OWNER OF RECORD. The person or legal entity having
recorded title to the property at any given point in time the record
is recorded in the Maryland Land Records.
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PROPERTY. Any unimproved or improved real property,
or portion thereof, situated in the City and includes the buildings
or structures located on the property regardless of condition.
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REFUSE, EVICTION. Any furnishings, clothing, and
similar household items, combustible materials, clothing, paper, rags,
clothing, cartons, boxes, wood, tools, machinery, appliances, glass,
crockery and other similar materials that have been removed from a
leased or rented apartment or building whose tenant(s) were evicted
by court order.
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RESIDENTIAL BUILDING. Any improved real property,
or portion thereof, situated in the City, designed or permitted to
be used for dwelling purposes, and shall include the buildings and
structures located on such improved real property. This includes any
real property being offered for sale, trade, transfer, or exchange
as "residential," whether or not it is legally permitted and/or zoned
for such use.
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RUBBISH. Combustible and noncombustible waste materials,
except garbage, including construction waste, and materials pursuant
to Section PM 106.5.1 and Section PM 304.19; the term shall include
vehicle tires, paper, rags, cartons, boxes, wood, rubber, leather,
tree branches, yard trimmings, metal cans, metals, plastic, glass,
crockery and dust, and other similar materials, any household furnishings
and appliances not intended for exposure to the elements by the manufacturer,
vehicle or machinery parts, and any construction materials stored
or remaining on the property longer than 30 calendar days.
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SECURING. Such measures as may be directed by the
Building Official, or his designee, that assist in rendering the property
inaccessible to unauthorized persons, including but not limited to
the repairing of fences and walls, chaining or locking of gates, the
repair or boarding of doors, windows, and/or other openings.
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SUBSTANDARD BUILDING. Any structure or building
deemed to be structurally unsound, unsafe, having improper sanitation,
defective or hazardous wiring or electrical equipment, defective or
hazardous plumbing, defective or hazardous heating or cooling equipment,
or is a fire hazard, including but not limited to any building, defective
equipment, device, combustible waste or debris, or vegetation which
may cause a fire or provide ready fuel to augment the spread or intensity
thereof.
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UNLAWFUL ACTS. Unlawful acts shall include, but
not be limited to, any violation or contradiction with the provisions
and regulations of the Denton Town Code.
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UNREGISTERED MOTOR VEHICLE. A motor vehicle which
is not validly registered pursuant to the laws of the State of Maryland.
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UNSAFE BUILDING. Any structure, accessory or principal,
determined by the Code Official to be unsafe pursuant to the provisions
and standards of this chapter.
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VACANT. A building or premises that is not legally occupied or properly maintained in accordance with Chapter 94, Property Maintenance Code, of the Denton Town Code, or is in use for a period of four calendar years or more.
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VIOLATIONS, REPEAT OR CONTINUOUS. Same violation
or violations of the provisions of this chapter occurring on three
separate occurrences in a twelve-month period.
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WEEDS. Any vegetation, such as common grasses,
kudzu, poison ivy, and other similar noxious vines, that is grown
in excess of heights established by this chapter. This term shall
not mean cultivated flowers, plantings, vegetables, fruit, or any
other vegetation commonly grown in gardens.
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CHAPTER 3
GENERAL REQUIREMENTS
EXTERIOR PROPERTY AREAS
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Section PM 302.1, Sanitation, is amended by the additions of
the new subsections to read as follows:
[Amended 5-5-2022 by Ord. No. 733] | |||||
PM 302.1.1 Accumulation of rubbish is prohibited. No person shall allow rubbish as defined in Section PM 202 to remain, to be deposited, or to accumulate, either temporarily or permanently, on his or her property. This section shall not apply to those persons who store such rubbish in a lawfully permitted manner for the purpose of regular municipal collection in accordance with Chapter 64, Garbage and Trash, of the Denton Town Code. Eviction refuse as defined by PM Section 202 shall be in accordance with Section PM 304.2, and the provisions and regulations shall apply herein.
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PM 302.1.1(a) Notice. The Code Official is hereby
authorized to notify the owner of the property in accordance with
Section PM 107 to remove or properly dispose of the rubbish from the
subject property in 10 calendar days.
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PM 302.1.1(b) Authority of the Town to remove rubbish. Upon the failure, neglect, or refusal of any owner so notified as
provided for in Section PM 107.2, in the time established by Section
PM 302.1.1(a), the Code Official is hereby authorized and empowered
to cause such condition to be corrected by removing and disposing
of such rubbish or to order its disposal by the Town of Denton Department
of Public Works.
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PM 302.1.1(c) Cost and expenses. When the Town
has removed such rubbish by its own employees or has paid for the
removal of such rubbish by its agents or contractors, the actual costs
thereof and any related expenses, including an administrative fee,
in accordance with Section PM 106.4.
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PM 302.1.1(d) Appeal procedure. The owner(s) and/or
tenant(s) of a property aggrieved by any civil penalty imposed pursuant
to Section PM 106 shall be in accordance with PM Section PM 111, Means
of appeal.
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Section PM 302.4 Weeds, is amended by deleting the subsection
in its entirety and substituting the following:
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PM 302.4 Weeds. All premises and exterior property,
vacant parcel or lot, shall be maintained free from weeds as defined
by Section PM 202, such as grasses, or plant growth in excess of six
inches in height. All noxious weeds shall be prohibited. In addition
to the definition in Section PM 202, weeds shall be defined as all
grasses, annual plants and vegetation, other than trees and shrubs;
provided, however, that this term shall not include cultivated flowers
and gardens.
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Upon failure of the owner or agent having charge of a property
to destroy such weeds after service of a notice of violation, he or
she shall be subject to prosecution in accordance with Section PM
106.3 and as prescribed by the Code Official. Upon failure to comply
with the notice of violation, any employee of the Town of Denton or
contractor hired by the Town shall be authorized to enter upon the
property in violation and cut and destroy the weeds growing thereon,
and the costs of such removal shall be paid by the owner or agent
responsible for the property in accordance with Section PM 106.4.
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Section PM 302.8, Motor vehicles, is amended by deleting the
subsection in its entirety and substituting the following:
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PM 302.8.1. Inoperative or unregistered vehicles. Except as provided for in other regulations, no inoperative or unregistered
motor vehicles shall be parked, kept or stored on any premises, and
no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth. The
presence of such vehicles or parts thereof on private property is
hereby declared to be a public nuisance which may be abated in accordance
with the provisions of the ordinance. The storage of a motor vehicle
under a tarpaulin, tent or similar covering, or in or under any temporary
structure or any structure not authorized by the building and zoning
codes of the Town shall not be permitted.
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PM 302.8.2. Abandoned vehicles. Any motor vehicle
that is inoperable and is left unattended on public property for more
than 48 hours, or a motor vehicle that has remained illegally on public
property for a period of more that 48 hours, or a motor vehicle that
has remained on private property without the consent of the owner
or person in control of the property for more than 48 hours shall
be deemed an abandoned vehicle and may be taken into custody and disposed
of by the police department as provided in the Transportation Article
of the Annotated Code of Maryland, as amended.
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SECTION PM 304
EXTERIOR STRUCTURE
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PM 304.14 Insect screens. During the period from
April 1 thru October 1st, every door, window
and other outside opening required for ventilation of habitable rooms,
food preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption and processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitted screens of not less than 16 mesh per inch (16 mesh per 25mm),
and every screen door used for insect control shall have a self-closing
device in good working condition.
[Amended 2-3-2022 by Ord. No. 726] | |||||
Section PM 304.20, Eviction refuse. This subsection and reference
numbers are added as a new subsection to read as follows:
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PM 304.20.1 Removal of eviction items from properties. Furnishings, appliances, clothing, and similar household items from
a rented or leased property removed as a result of eviction by court
order shall be located in such a manner that maintains accessibility
on public rights-of-way, including walkways and drives, and does not
create a hazard to pedestrians or vehicular traffic.
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PM 304.20.2 Notification. The property owner or
his or her authorized agent shall notify the Town of Denton in a reasonable
amount of time and no less than 24 hours prior to the eviction.
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PM 304.20.3 Right of claim and collection. The
evicted property and items shall be collected and disposed of in 48
hours after the eviction was given, providing 24 hours for claim by
the tenant or rightful property owner. All evicted property and items
shall be deemed refuse and rubbish after the prescribed time period
for claim and removed or disposed of in accordance with Section PM
302.1.1. Any cost incurred by the Town of Denton in the removal of
eviction property shall be in accordance with Section PM 302.1.1(c).
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PM 304.21 Trees and Shrubs. This subsection and reference numbers
are added as a new subsection to read as follows:
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PM 304.21 Trees, shrubs, and landscape plantings. The provisions of this section shall refer to and include all shrubs
and trees, fruit and ornamental, and all landscape plantings on any
property or premises, residential, nonresidential, public and government-owned,
notwithstanding other provisions prescribed in this chapter and elsewhere
in the Denton Town Code.
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PM 304.21.1 Inspections and right of entry. The
Code Official is authorized to make inspections in accordance with
Section PM 104 of this chapter.
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PM 304.21.2 Violations. If any person shall fail
to remove, replace, replant, or treat a dangerous or diseased tree,
shrub, or landscape plantings or otherwise violate any provision of
this chapter after receiving a notice of violation from the Code Official
shall be subject to the provisions of Section PM 106 of this chapter.
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PM 304.21.3 Duty of the property owner to remove, treat,
and control trees, shrubs, and landscape plantings. No person
owning property in which any tree, shrub, or landscape planting has
been planted shall permit a tree, shrub, or landscape plantings to
become a nuisance, whether as a result of disease, injury, or other
cause, or otherwise to remain in, upon or over any public right-of-way
or on an adjacent or abutting property or public right-of-way.
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PM 304.21.4 Maintenance of trees, shrubs, and landscape
plantings. The owner of a property shall maintain trees, shrubs,
and landscape plantings so as not to constitute a nuisance, either
by neglect, pests, or disease, or any other cause, creating a hazard,
nuisance, risk of damage, or injury to life on adjacent or abutting
properties and public rights-of-way.
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PM 304.21.6 Protection trees, shrubs, and landscape plantings. No person shall pour salt, salt water, acid, oil, wood killer, or
any other injurious substance upon any public right-of-way in such
a way as to injure any tree, shrub, or landscape planting. The owner
of any property where there are trees, shrubs, or landscape plantings
located in the public right-of-way shall erect and maintain guards
to protect trees and shrubs during construction activity.
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PM 304.21.7 Nuisance bamboo is prohibited. Bamboo
as defined in this Section PM 202 is determined to be a nuisance when
a property owner fails to prevent invasive bamboo from growing or
otherwise encroaching on or into a public right-of-way or adjacent,
neighboring, or abutting premises. No practices (BMPs) for the management
or removal of such vegetation by the Maryland Department of Natural
Resources ("DNR"), whether existing, or person shall allow an invasive
bamboo to remain without proper containment as approved by the Department
and in accordance with the best management otherwise, and becoming
a nuisance as defined by this chapter.
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PM 304.21.8 Authority of the Town to remove nuisance vegetation. Upon the failure, neglect, or refusal of any owner so notified as
provided for in Section PM 106.5.2, the Code Official is hereby authorized
and empowered to cause such condition to be corrected by removing
and disposing such excess plant growth, weeds, and/or vegetation or
to order its disposal by the Town of Denton Department of Public Works.
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PM 304.21.9 Cost and expenses. When the Town has
removed such excess plant growth, weeds and/or vegetation by its own
employees or has paid for the removal by its agents or contractors,
the actual costs thereof and any related expenses, including an administrative
fee in accordance with PM Section 106.4, shall be a charge to the
owner of the property.
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PM 304.21.10 Interpretation of these provisions. The provisions of this chapter shall not be construed to mean any
acts of Nature or God, such as shedding or dropping of leaves, bark,
or similar material, determined to be ordinary occurrences or natural
cycle of plant growth.
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Section PM 304.22, Removal of dog feces. This subsection and
reference numbers are added as a new subsection to read as follows:
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PM 304.22 Removal of pet waste. The provisions of this section are in addition to Article IV, § 32-10 through § 32-12, of the Denton Town Code and refer to and include the removal of pet feces and wastes on public and private property. Dog feces shall be removed and properly disposed of in accordance with Article IV, § 32-11.
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PM 304.22.1 Prosecution of violation. Upon the
Department receiving a complaint or violation of this chapter is revealed
by an inspection, the Code Official is authorized to perform any enforcement
pursuant to Section PM 106 upon an owner, tenant, or responsible party
where pet waste is in evidence and not properly disposed of.
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PM 304.22.2 Violations occurring on leased or rented property. For the purposes of this chapter, if a tenant or tenants of the
leased property is determined to be responsible for the violation
and fails to correct or abate such violation, or pay an infraction
thereof, the property owner of a leased or rented property shall be
deemed the responsible party for the abatement of such violation,
and/or payment of an infraction thereof pursuant to Section PM 106.4.
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SECTION PM 309
PEST ELIMINATION
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Section PM 309 Pest elimination: This subsection is amended
by deleting it in its entirety and substituting the Section PM 309
Pest elimination of the 2018 edition of the International Property
Maintenance Code, attached as Exhibit A.[2]
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CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION PM 602
HEATING FACILITIES
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PM 602.3 Heat Supply. Insert the dates: October
1 thru May 1st. All other provisions of
Section PM 602.3 are hereby adopted, except references to the International
Plumbing Code are hereby deleted and the Maryland Plumbing Code is
inserted in its place.
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PM 602.4 Occupiable workspaces. For heat supply
for occupiable workspaces, the following dates are hereby inserted:
October 1 thru May 1. All other provisions of Section PM 602.4 are
hereby adopted without changes.
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PM 602.6 Unvented portable kerosene fired heaters. The use of unvented portable kerosene heaters shall be permitted
only if the heater or appliance meets the U.L. Subject 647 and bears
the label of a testing laboratory accepted by the Maryland State Fire
Marshal can be used, but not as the primary heat source.
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SECTION PM 603
MECHANICAL EQUIPMENT
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Section PM 603.1, Mechanical equipment, is amended by deleting
the subsection in its entirety and replacing it with Section PM 603.1
of the 2018 edition of the International Property Maintenance Code,
attached as Exhibit A[3]
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PM 603.7 Heater application. Unvented portable
kerosene fired heaters may be used in one- and two-family dwelling
units with written consent of the property owner. Heaters may be used
in an outbuilding, that is a building used in connection with the
main building, but smaller than the main buildings, and located apart
and separate from the main building. No heater shall be operated while
unattended.
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PM 603.7.2 Labels. Warning labels as required by
Commercial Law Article 14-1310 shall include the following:
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1)
|
This unit must be used in an area which has proper ventilation.
Consult owner's manual for details and instructions.
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2)
|
Use of this heater may possibly be dangerous to persons with
respiratory or circulatory disorders.
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3)
|
Only water-clear kerosene meeting L-K (ASTM) specifications
should be used in this heater.
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SECTION PM 604
ELECTRICAL EQUIPMENT
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PM 604.2 Service. Section PM 604.2 is amended by
deleting reference to the ICC Electrical Code and inserting the Maryland
Electrical Code.
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Section PM 605.2.1, Receptacles, is amended by adding the following
subsections:
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PM 605.2.1 Residential rental bathroom receptacles. Every receptacle in a bathroom for use as part of a residential
rental property, whether existing or new, shall have ground fault
circuit interrupter ("GFCI") protection.
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PM 605.2.2 Residential rental kitchen receptacles. Every receptacle in a kitchen for use as part of a residential rental
property, whether existing or new, shall have ground fault circuit
interrupter ("GFCI") protection for any outlet located within six
feet of a leading edge of a sink, tub, or other potentially wet locations,
such as kitchen countertops.
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PM APPENDIX A
BOARDING STANDARD.
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PM Appendix A, Boarding Standard, is amended by deleting the
subsection in entirety and substituting with Appendix A, Boarding
Standard, of the 2018 edition of the International Property Maintenance
Code.
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