Town of Denton, MD Property Maintenance

[1]

Editor's Note: This ordinance repealed former Ch. 94, Property Maintenance, adopted 6-6-2005 by Ord. No. 488, as amended.

[Added 10-3-2013 by Ord. No. 656[1]; amended 6-4-2015 by Ord. No. 672; 7-7-2016 by Ord. No. 681; 11-7-2019 by Ord. No. 704]

Substitute "Town of Denton" for the phrase "Name of Jurisdiction" wherever it appears in the codes.

Substitute "the Town of Denton Director of Planning or his designee" for the phrases "chief appointing authority of the jurisdiction" and "chief authority" wherever they appear in the codes.

Substitute "the Town of Denton Department of Planning and Codes" for the phrase "Department of Property Maintenance Inspection."

Substitute the following applicable codes and standards for references to applications of other codes:

(1)

Local amendment to the Town of Denton Building Code, Chapter 38, of the Denton Town Code, and the provisions of the building codes as adopted by the state and referenced in the Maryland Building Performance Standards (COMAR 09.12.51) for all references to building and existing building construction.

[Amended 2-3-2022 by Ord. No. 726]

(2)

National Standard Plumbing Code, National Fuel and Gas Code, and National Fire Protection Association as adopted by the State and referenced in the Maryland Building Performance Standards (COMAR 09.20.01) for all references to plumbing and fuel and gas codes.

(3)

International Mechanical Code as amended and adopted by the State and referenced in the Maryland Building Performance Standards (COMAR 09.20.01) for all references to mechanical code.

(4)

Local amendment to the Town of Denton Fire Prevention Code, Chapter 56 of the Denton Town Code, and the provisions of the Maryland Fire Prevention Code (COMAR 29.06.01), including NFPA101 Life Safety Code, as adopted by the state and referenced in the Maryland Building Performance Standards (COMAR 09.12.51).

[Amended 2-3-2022 by Ord. No. 726]

(5)

Maryland Accessibility Code as adopted by the State of Maryland (COMAR 09.12.53) for all references to accessibility code.

[Amended 2-3-2022 by Ord. No. 726]

(6)

National Electric Code as adopted by the state and referenced in the Maryland Building Performance Standards (COMAR 09.12.51).

(7)

Chapter 29 of the Denton Town Code for all references to and regulation of abandoned or vacant properties.

Discrepancies and inconsistencies. In the event of inconsistencies or discrepancies between the provisions of these articles and any Town Code, the more stringent shall govern. The Building Official shall have the authority to make determination of or act on matters where there is a discrepancy or conflict with this and any another section of the Town Code.

SCOPE AND GENERAL REQUIREMENTS SECTION PM 101
Section PM 101.1, Title, is amending the subsection and substituting the following:
	PM 101.1 Title. These regulations shall be known as the "Town of Denton Property Maintenance Code," herein referred to as "Chapter 94."
	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.
	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
Section PM 102.3, Application of other codes, is amended by deleting the subsection in its entirety and substituting the following:
	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.
Section PM 102.8.1, Conflicts, is amended by deleting the subsection in its entirety and substituting the following:
	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.
SECTION PM 104 FEES
Section PM 104.1, Fees, is amended by deleting the subsection in its entirety and substituting the following:
	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.
SECTION PM 105 DUTIES AND POWERS OF THE CODE OFFICIAL
Section PM 105.1, General, is amended by deleting the subsection in its entirety and substituting the following:
	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.
	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.
	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.
Section PM 105.2, Inspections, is amended by deleting the subsection in its entirety and substituting the following:
	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
Section PM 107, Means of appeal, is amended by deleting the subsection in its entirety and substituting the following:
	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.
		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.
		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:
			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.
			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.
		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.
SECTION PM 109 VIOLATIONS
Section PM 109.1, Unlawful acts, is amended by deleting the subsection in its entirety and substituting the following:
	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.
Section PM 109.3, Prosecution of violation, is amended by deleting the subsection in its entirety and substituting the following:
	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.
Section PM 109.4, Violation penalties, is amended by deleting the subsection in its entirety and substituting the following:
	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.
	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.
	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.
	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.
SECTION PM 110 STOP WORK ORDER
Section PM 110.1, Authority, is amended by deleting the subsection in its entirety and substituting the following:
	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.
Section PM 110.4, Failure to comply, is amended by deleting the subsection in its entirety and substituting the following:
	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.
PM CHAPTER 2 DEFINITIONS SECTION PM 202 DEFINITIONS
Section PM 202, General definitions, is amended by deleting certain terms in entirety and substituting the following:
PM 202 Definitions.
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.
ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached gate, fence, wall, etc.
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.
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.
ASSIGNMENT OF RENTS. Any instrument that transfers the beneficial interest under a mortgage from one lender/entity to another.
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").
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.
BENEFICIARY. A lender under a note secured by a mortgage.
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.
BOARDING STANDARD. Securing and boarding of building or building premises according to Chapter 94, Denton Property Maintenance Code, of the Denton Town Code.
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.
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.
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.
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.
DAYS. Consecutive calendar days.
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.
DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional.
DEPARTMENT. The Department of Planning and Codes.
DEPARTMENT, DIRECTOR OR ADMINISTRATOR OF. The Director or Senior Code Official in charge of administration of the Department.
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.
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.
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.
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.
MORTGAGE. An instrument by which title to real estate is encumbered in favor of a third party as security for a real estate loan.
MORTGAGEE. Any person, firm, or corporation holding a mortgage on a property.
MORTGAGOR. A borrower under a mortgage who deeds property to a mortgage holder, or mortgagee, as security for the payment of a debt.
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.
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.
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.
NUISANCE. Includes:
1.	A nuisance defined by statute or ordinance;
2.	A nuisance at common law either public or private;
3.	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;
4.	Uncleanliness or any such condition that may be detrimental to human life or health;
5.	Abandonment or vacancy for a period of three years or longer.
OUT OF AREA. Distance in excess of 40 road/driving miles' distance of the subject property.
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.
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.
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.
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.
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.
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.
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.
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.
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.
UNREGISTERED MOTOR VEHICLE. A motor vehicle which is not validly registered pursuant to the laws of the State of Maryland.
UNSAFE BUILDING. Any structure, accessory or principal, determined by the Code Official to be unsafe pursuant to the provisions and standards of this chapter.
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.
VIOLATIONS, REPEAT OR CONTINUOUS. Same violation or violations of the provisions of this chapter occurring on three separate occurrences in a twelve-month period.
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.
CHAPTER 3 GENERAL REQUIREMENTS EXTERIOR PROPERTY AREAS
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.
		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.
		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.
		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.
		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.
Section PM 302.4 Weeds, is amended by deleting the subsection in its entirety and substituting the following:
	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.
	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.
Section PM 302.8, Motor vehicles, is amended by deleting the subsection in its entirety and substituting the following:
	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.
	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.
SECTION PM 304 EXTERIOR STRUCTURE
	PM 304.14 Insect screens. During the period from April 1 thru October 1^st, 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:
	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.
	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.
	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).
PM 304.21 Trees and Shrubs. This subsection and reference numbers are added as a new subsection to read as follows:
	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.
		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.
		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.
		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.
		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.
		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.
		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.
		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.
		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.
		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.
Section PM 304.22, Removal of dog feces. This subsection and reference numbers are added as a new subsection to read as follows:
	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.
		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.
		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.
SECTION PM 309 PEST ELIMINATION
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]
CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION PM 602 HEATING FACILITIES
PM 602.3 Heat Supply. Insert the dates: October 1 thru May 1^st. 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.
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.
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.
SECTION PM 603 MECHANICAL EQUIPMENT
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]
	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.
	PM 603.7.2 Labels. Warning labels as required by Commercial Law Article 14-1310 shall include the following:
	1)	This unit must be used in an area which has proper ventilation. Consult owner's manual for details and instructions.
	2)	Use of this heater may possibly be dangerous to persons with respiratory or circulatory disorders.
	3)	Only water-clear kerosene meeting L-K (ASTM) specifications should be used in this heater.
SECTION PM 604 ELECTRICAL EQUIPMENT
PM 604.2 Service. Section PM 604.2 is amended by deleting reference to the ICC Electrical Code and inserting the Maryland Electrical Code.
Section PM 605.2.1, Receptacles, is amended by adding the following subsections:
	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.
		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.
PM APPENDIX A BOARDING STANDARD.
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.

[2]

Editor’s Note: PM Appendix A is included as an attachment to this chapter. Section PM 310, Unsafe, Abandoned, Vacant and Foreclosed Properties, consisting of Sections 310.1 through 310.12, which immediately followed, was repealed 7-7-2016 by Ord. No. 681.

[3]

Editor's Note: PM Appendix A is included as an attachment to this chapter.

[1]

Editor's Note: This ordinance also repealed Ord. No. 622, adopted 3-7-2011, as amended.

[1]

Editor’s Note: Former § 94-3, Repealer, as amended, was repealed 6-4-2015 by Ord. No. 672.