The International Property Maintenance Code 2018, as published by the International Code Council, Inc., Chapters 1 through 8, copies of which are on file with the Department of Planning of the City of Havre de Grace, is hereby adopted by the Mayor and City Council of the City of Havre de Grace, Maryland, for the purpose of protecting the health, safety and welfare of the citizens of the City of Havre de Grace.
The International Property Maintenance Code 2018 shall be adopted
with the following amendments:
A.
The
name of the jurisdiction in the second line of Section 101.1, Title,
on page 1 of the International Property Maintenance Code 2018 shall
be "the City of Havre de Grace, Maryland."
B.
Section
102.3, Application of other codes, shall read: "Repairs, additions
or alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the International
Building Code 2018, the International Residential Code 2018, the City
of Havre de Grace Zoning Ordinance, and applicable codes of Harford
County, Maryland, and the State of Maryland."
C.
Section
103.1, General, shall read: "The Director of the Department of Planning
or the Director's designee to be known as the Code Official is
hereby designated as the administrative official in charge of the
implementation and enforcement of the International Property Maintenance
Code 2018."
D.
Section
103.2, Appointment, shall be deleted.
E.
Section
103.3, Deputies, shall be deleted.
F.
Section
103.5, Fees, shall read: "The fees for activities and services performed
by the Department in carrying out its responsibilities under the International
Property Maintenance Code 2018 shall be based upon the valuation of
staff time required to complete plan and permit examinations, site
inspections and enforcement activity and shall be established by the
Mayor and City Council from time to time."
G.
Section
104.6, Department records, shall read: "An official record shall be
kept of all business and activities of the Department specified in
the provisions of the International Property Maintenance Code 2018,
and all such records shall be open to public inspection at all appropriate
times and according to reasonable rules to maintain the integrity,
confidentiality, and security of such records."
H.
New Section 104.7, Restriction of employees, shall be added as follows:
"An official or employee connected with the Department of Planning
shall not be engaged in or directly or indirectly connected with the
furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building, or the preparation of construction
documents thereof, unless that person is the owner of the building;
nor shall such officer or employee engage in any work that conflicts
with official duties or with the interests of the Department."
I.
Section
106.3, Prosecution of violation, shall read:
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a.
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Any person who shall be adjudged to have (1) violated any of
the provisions of this ordinance; or (2) failed to comply herewith
or permitted or maintained such a violation; or (3) violated or failed
to comply with any order made hereunder; or (4) built in violation
of any details, statements, specifications or plans submitted or approved
hereunder; or (5) failed to operate in accordance with the provisions
of any certificate, permit, or approval issued hereunder shall, severally
for each violation and noncompliance respectively, be guilty of a
municipal infraction, for which a fine not to exceed $1,000 may be
imposed for each such infraction, payable to the City of Havre de
Grace, with costs imposed in the discretion of the court. Each day
that an infraction continues after notice has been served shall be
deemed a separate infraction. The imposition of a fine for any violation
shall not excuse the violation, nor shall the violation be permitted
to continue. Prosecution or lack thereof of either the owner, occupant,
or the person in charge shall not be deemed to relieve any of the
others.
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b.
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Any person who shall be convicted of willfully (1) violating
any of the provisions of this ordinance; or (2) failing to comply
herewith or permitting or maintaining such a violation; or (3) violating
or failing to comply with any order made hereunder; or (4) building
in violation of any details, statements, specifications or plans submitted
or approved hereunder; or (5) failing to operate in accordance with
the provisions of any certificate, permit, or approval issued hereunder
shall, severally for each violation and noncompliance respectively,
be guilty of a misdemeanor, punishable by a fine of not more than
$1,000 and imprisonment not exceeding 90 days for each violation,
with costs imposed in the discretion of the court. Each day that a
violation continues after notice has been served shall be deemed a
separate offense. The imposition of punishment for any violation shall
not excuse the violation, nor shall the violation be permitted to
continue. Prosecution or lack thereof of either the owner, occupant,
or the person in charge shall not be deemed to relieve any of the
others.
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c.
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Any order or notice issued or served as provided in this ordinance
shall be complied with by the owner, operator, occupant or other person
responsible for the condition or violation to which the order or notice
pertains. Every order or notice shall set forth a time limit for compliance
dependent upon the hazard and danger created by the violation. In
cases of extreme danger to persons or property, immediate compliance
shall be required. If the notice of violation is not complied with,
the Code Official shall institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the structure
in violation of the provisions of this code or of the order or direction
made pursuant thereto.
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d.
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In addition to the other provisions set out in this ordinance,
the City of Havre de Grace may institute injunctive, declaratory or
any other appropriate action or proceedings at law or equity for the
enforcement of this ordinance or to correct violations of the International
Property Maintenance Code 2015, and any court of competent jurisdiction
has the right to issue restraining orders, temporary or permanent
injunctions or mandamus or other appropriate forms of remedy or relief.
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e.
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J.
Section
106.4, Violation penalties, shall be deleted.
K.
Section
106.5, Abatement of violation: Add a second sentence which shall read
as follows: "Any costs associated with any action taken by the authority
having jurisdiction on such premises shall be charged against the
real estate upon which the structure is located and may be recovered
as a lien upon such real estate. Costs shall also include City inspection
fees."
L.
Section 107.2: At the end of the section, the following exception
shall be added: "Exception: Notice of violations requiring immediate
attention will be conspicuously posted on the premises and allow up
to five days to abate the violations. Such notice shall be used for
overgrown grass and/or weeds, untagged or unregistered vehicles, trash
and rubbish removal, snow removal, or other violations which require
immediate attention.
M.
Section 107.3: At the end of the section the following language shall
be added: "In the case of violations requiring immediate attention,
see the Exception under Section 107.2."
N.
Section
107.5, Penalties: Refer to Sections 106.3 and 106.5 in this code.
O.
Section
110.1 General shall read: "The Code Official shall order the owner,
or owner's authorized agent, of any premises upon which is located
any structure, which in the Code Official's judgment is so deteriorated
or dilapidated or has become so out of repair as to be dangerous,
unsafe, insanitary or otherwise unfit for human habitation or occupancy,
and such that it is unreasonable to repair the structure, to demolish
and remove such structure. If such structure is capable of being made
safe by repairs, to repair and make safe and sanitary, or to board
up and hold for future repair, or to demolish and remove at the owner's
option. Boarding the building for future repair shall not extend beyond
180 days, unless approved by the Code Official.
P.
New Section
110.1.1 Abatement of unsafe conditions. "Abatement failure by the
owner of any premises upon which is located a structure posing an imminent
danger to human life or the public welfare due to an unsafe condition,
the Director or the Director's designee shall cause the necessary
work to be done to eliminate the condition, including, but not limited
to, the demolition of the structure or structures. The Director or
the Director's designee shall cause to be published, for two weekly
issues, in a county newspaper of record, notice setting forth the
address of the building; a description of the real estate sufficient
for its identification; a statement that the property is unsafe and
constitutes an immediate and continuing hazard to the community; and
a statement that the City intends to demolish same if the owner fails
to do so. A person objecting to the proposed actions of the City may
file an objection in an appropriate form in a court of competent jurisdiction.
If the building is not demolished within 30 days of mailing notice
to the owners of record, or within 30 days of the last day of publication
of the notice in a county newspaper of record, whichever is later,
the Director or the Director' s designee shall have the power to demolish
the structure or structures.
Q.
Add a new
Section 110.1.2, Creation of a tax lien. There is created a tax lien
on real property for monies expended by the City for the making safe
of buildings or structures and/or abatement of other unsafe nuisances
or conditions constituting a danger to the public health and safety.
The amount of such lien shall be collected by the Director of Finance
in the same manner as other City real estate taxes.
R.
Sections
111.2 through 111.8 are deleted (see City of Havre de Grace Board
of Appeals Ordinance).
S.
Section
112.1, Authority, shall read: "Whenever the Code Official finds any
work regulated by this code, or other building codes adopted by the
local jurisdiction, being performed in a manner contrary to the provisions
of these codes, or in a dangerous or unsafe manner, the Code Official
is authorized to issue a stop-work order.
T.
Section
112.4, Failure to comply: In the last line, insert "$100" and "$1,000"
as the range of fine amounts.
U.
Section
201.4: At the end of the section, the following language shall be
added: "or as is interpreted by the Director of Planning or Code Official."
V.
Section
202, General Definitions, shall have added to it these additional
definitions as follows:
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1.
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JUNK YARD. Any land or building licensed and used for abandonment,
storage, keeping, collecting or baling of paper, rags, scrap metals,
other scrap, discarded materials or junk for the purpose of abandonment,
demolition, dismantling, storage, recycling or salvaging. Proper business
licensing required.
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2.
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OPEN STORAGE AREAS. Property areas used for storage of materials
that are related to the occupation of the property owner and/or lessee.
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3.
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SALVAGE YARDS. Property area upon which any person or business
stores three or more wrecked vehicles outdoors for the purpose of
dismantling or otherwise wrecking the vehicles to remove parts for
sale or for use in an automotive repair or rebuilding business. Any
auto salvage business must be properly licensed.
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4.
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SURFACE COAT. All exterior siding and millwork shall be scraped
to a sound base and sanded smooth. Scraped and sanded areas shall
have joints and cracks filled and shall be primed with exterior primer
paint. Following this preparation, all exterior siding and millwork
shall be painted with two coats of exterior quality paint.
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5.
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BICYCLES, BOAT TRAILERS, MOPEDS AND OTHER MOTOR VEHICLES. The
same as the definitions provided under Title 11 of the Transportation
Article of the Annotated Code of Maryland, as amended, respectively.
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6.
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BOATS. Every description of watercraft, including jet skis,
wave-runners, or an ice boat that is used or capable of being used
as a means of transportation on water or ice but does not include
a seaplane, canoe, kayak, sculling boat, paddle board or similar recreational
equipment.
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7.
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INOPERABLE. Unable to function in a manner or condition consistent
with or similar to the design operation for which it was intended,
regardless of modification.
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8.
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NOXIOUS MATTERS. Debris, garbage, junk, noxious odors, rubbish
and trash; abandoned or inoperable bicycles, boats, boat trailers,
mopeds or motor vehicles; abandoned appliances, furniture or parts
thereof; and/or any other matter or condition as determined to be
detrimental to the adjoining properties or the public health, safety,
and welfare.
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W.
New
Section 301.3.1, Vacant structure maintenance, shall be added to read
as follows: "All land or improved premises within the City shall be
maintained as though said property were being used or occupied. Once
vacated or abandoned, the exterior of any structure and surrounding
premises must be maintained to the minimum standards required by this
code. Except for any structure damaged by fire, flood or natural disaster,
the City shall be notified prior to any boarding of windows and doors
to secure the structure. Any boarding shall be done in a professional
manner, and the materials used shall conform to the overall exterior
appearance of the structure. Said structure, except for historic structures
as defined by the City, shall be made habitable within three months,
or the structure shall be considered in an unsafe condition and subject
to the provisions of this chapter. The Code Official shall have the
authority to allow a structure damaged by fire, flood or any natural
disaster to remain boarded and secure for a period of one year, at
which such time the structure shall be made habitable or said structure
shall be considered in an unsafe condition and subject to the provisions
of this chapter."
X.
New
Section 302.2.1, Drainage, general, shall be added as follows: "Stormwater,
sump pumps, sanitary systems, and other water-supplied appliances
shall not discharge in a manner that is detrimental to neighboring
properties or creates a public nuisance."
Y.
Section 302.3, Sidewalks and driveways: Add the following section at the end of the paragraph: "It shall be unlawful for any person, incorporated body, public institution or other corporation using or occupying in any manner, or for any purpose whatsoever, any house, store, shop, stable, or tenement of any kind, persons having charge of churches and public buildings of every description and of owners of unoccupied houses and unimproved lots, situated on any street in this City, to fail to remove and clear away, or cause to be removed and cleared away, the snow/ice from the foot pavements fronting the respective houses, stores, shops, stables, churches, buildings or lots so used, occupied or owned by them or under their charge within 24 hours after the end of any weather event resulting in snow or ice." (See City Code § 190-38.)
Z.
Section
302.4, Weeds: Add the language "10" after the words "in excess of"
in the second line. Add the following after the third sentence: "Trees
and shrubs located on private property shall not create a nuisance,
shall not create a safety hazard to, and shall not impose on public
safety or interfere with any structure on the subject premises or
adjoining properties or public utilities. When any lot, lots, parcels
or tracts of land abut on any public street, avenue, alley, lane,
sidewalk or other public right-of-way, the owner, occupant, lessor,
lessee, tenant and/or any person, firm or corporation in control of
such lot, lots, parcels or tracts of land shall be required to maintain
so much of the public right-of-way as lies between the curbline/surfaced
edge of the right-of-way and property lines of such lots, parcels
or tracts of land as are occupied by or used by such owner, occupant,
lessor, lessee, tenant and/or any person, firm or corporation in control
thereof. This shall include maintenance to the center line of the
unimproved alley by all owners of any abutting lots, parcels or tracts
of land."
AA.
Section 302.7, Accessory structures, shall read: "All accessory structures,
including but not limited to detached garages, storage buildings,
fences and walls, shall be maintained structurally sound and in good
repair. Fences and walls shall be erected such that a finished side
of the structure faces outward from the property on which it is constructed."
BB.
Section 302.8, Motor vehicles, is amended by adding the following
to the end of the section: "One unregistered but otherwise operative
vehicle and/or trailer, not within a building, is permitted to be
stored on the premises for a period not to exceed six months. The
vehicle must belong to the current occupant or owner of the property.
The owner or occupant must obtain a permit from the Department of
Planning for the storage of the unregistered vehicle. After six months,
the vehicle must be registered or removed from the premises."
CC.
New Section 302.10, Storage of junk, boats, appliances and furniture,
shall be added as follows: "It shall be unlawful for any owner, occupant,
lessor, lessee, tenant and/or person, firm or corporation in control
of any lot, lots, parcels or tracts of land within the City to permit
any junk, trash, refuse, debris, piled brush and branches, unused
construction materials, garbage, or rubbish; abandoned or inoperable
bicycles, boats, boat trailers, mopeds, motor vehicle parts, i.e.,
batteries, tires, fenders, rims, etc., or abandoned appliances, equipment,
or furniture to remain on any such lot, lots, parcels or tracts of
land where the Department of Planning determines that such materials
or items are dangerous, detrimental or cause a nuisance to the adjoining
properties or the public health and safety and welfare of the City
or are the nesting place for vermin. In the case of a boat, it must
have a current registration; be situated upon a boat trailer that
also has a current registration and is in operational condition. No
boat(s) shall be stored on private property that has a hull registration
size of 30 feet or greater without first obtaining a permit from the
City. All permits for storage of boats 30 feet or greater shall be
made, in writing, to the City's Director of Planning with a copy
sent to the Director of Administration and Council President. All
permits shall be valid for seasonal storage purposes and are renewable
upon approval of subsequent letters of request. All requests must
contain proof of current registration and are subject to inspection
of the boat and property to ensure the boat has not become a nuisance
or danger. Any denied or expired requests for permitted seasonal storage
require removal of the boat from the property within 60 days. A boat
may be placed on blocks or cribbing for not more than one year. A
property owner shall not have more than two registered and tagged
boats and/or boat trailers parked or stored on a property, unless
the property owner is operating as a licensed boat storage or boat
operations business in accordance with all applicable zoning and other
applicable laws or the property owner holds a valid Maryland State
Commercial Fishing or Crabbing License. Boats that are stored inside
an approved enclosed structure are exempt from this section of the
code."
DD.
New Section
302.11, Control of animal waste, shall be added as follows: " No owner
of a dog, or other pet, shall allow it to soil, defile, defecate upon
or commit any other nuisance upon any public property or private property.
The pet owner must take immediate steps to eliminate any such nuisance,
including feces caused by the animal, in an appropriate and sanitary
manner. The owner or occupant shall not allow accumulation of animal
feces on any property in their control."
EE.
Section 304.1, General, shall read: "The exterior of a structure
shall be maintained in good repair, structurally sound and sanitary
so as not to create a public nuisance or be detrimental to adjoining
properties, or pose a threat to the public health, safety or welfare."
FF.
Section 304.3, Premises identification, shall have the following
added to the end of the section: "in the case of structures with accessory
apartments, all apartments with side or rear entrances, or multiple
front entrances, must be clearly identified with their apartment number
or letter, in addition to the premises address.
GG.
Section 304.14: The dates in the first line shall be "April 1" and
"November 1," respectively.
HH.
New Section 304.20, Storage areas, shall be added as follows: "All
open salvage yards and open storage areas shall be continuously completely
obscured from surrounding property by a screened fence approved by
the Director not less than eight feet and not more than 10 feet in
height and/or approved landscaping."
II.
Section 307.1, General, shall read: "Handrails and guards shall comply
with applicable subsections of the 2018 International Residential
Code, Sections R311 and R312."
JJ.
Section
505.3 Supply: Add the following to the end of the paragraph: "Disconnected
water supply, due to nonpayment of the utility service to a dwelling,
shall be posted with a public notice as unfit after five days without
service and subject to the provisions of Section 108 of the International
Property Maintenance Code. Owners of residential rental units shall
not request water supply disconnection as a substitute to legal eviction
proceedings.
KK.
Section
507. Storm drainage: Add the language "sump pumps" after the words
"Drainage of" in the first line.
LL.
Section 602.3: The dates in the fifth line shall be "September 15"
and "May 31," respectively.
MM.
New Section
602.3.1 Heat substitute: "Approved portable heat supply, designed
for interior use, shall be limited to a maximum of 10 days during
any period of repair or replacement of the primary mechanical heat
source. The Code Official may grant an extension for genuine extenuating
circumstances."
NN.
Section 602.4: The dates in the third line shall be "September 15"
and "May 31," respectively.
OO.
Chapter 8: Replace the following stated codes and substitute as follows:
(1)
National Electrical Code — Harford County Electrical Code.
(2)
International Fire Code — NFPA 101 and NFPA 1.
(3)
International Plumbing Code — Harford County Plumbing Code.
(4)
International Zoning Code — City of Havre de Grace Zoning Ordinance.
(5)
International Fuel Gas Code — Harford County Plumbing Code.
Nothing in this article or in the International Property Maintenance
Code 2018 hereby adopted shall be construed to affect any existing
suit or proceeding pending in any court, or any vested rights acquired,
or liability incurred, or any cause or causes of action acquired or
existing, under any act or ordinance hereby repealed, and any amendments
thereto; nor shall any preexisting legal right or remedy of any character
be lost, impaired or affected merely by the passage of this article.
