A.
Whenever the Director determines that there has been a violation
of any provision of this code or of any rule or regulation adopted
pursuant hereto, he or his designated agent shall give notice of such
alleged violation to the person or persons responsible therefor as
hereinafter provided. Such notice shall:
(1)
Be set forth in writing and mailed to the last known address of the
owner and agent, if applicable, and posted on the subject premises;
(2)
Set forth the character of the violation with reference to the applicable
provisions of this code; and
(3)
State the period of time for the performance of any act it requires.
B.
Any citations for violations of the code shall be served in accordance
with the provisions of § 6-103 of the Local Government Article
of the Annotated Code of Maryland, as amended from time to time. Citations
for violation of this code may be issued in the event the violation
is not cured within the time frame set forth in the notice previously
referenced in this section.
[Amended 7-10-2017]
Whenever, in the judgment of the Director, it is determined
that an actual emergency exists which constitutes a public health
or safety hazard requiring immediate action, he shall proceed forthwith
to order such action necessary to rectify the condition. If necessary
to protect the public health or safety, the Director may order that
the premises be vacated, repaired or demolished and further that it
shall not be reoccupied until the corrective action required by the
order is taken. Any such order or orders shall be effective immediately
or in the time and manner prescribed, notwithstanding any other provision
of this code to the contrary.
A.
Whenever the Director determines that a violation of this code has transpired, he shall send the notice required by § 91-8 of this code directing that that violation be corrected. If the violation is not corrected within the time frame specified in said notice, the Director, individually or through his officers, agents, employees or contractors, may take such action as is necessary to correct the violation and the owner shall be responsible for the costs associated therewith. The Director shall also have the right to take such other and further actions as a result of the violation as are provided for under the terms of this code and applicable law.
B.
The Director shall develop a time schedule that shall indicate the
time period in which an owner shall be allowed to make correction
based on life and safety concerns. A follow-up inspection shall be
required to ensure that the corrections have been made.
In any and all cases where the Director proceeds to enforce
any provision of this code, including but not limited to the elimination
of any safety, health, or fire hazard or any blighting or unsanitary
condition, or the removal of any abandoned or illegally constructed
building, structure, or other object, or the abatement of any violation
of this code, and, in connection therewith, furnishes, or causes to
be furnished, any labor, supervision, equipment, or materials, or
performs or causes to be performed any inspection, work or operation
to eliminate any such hazard or condition, or to remove any such building,
structure, or other object, or to abate any violation of the code,
the entire amount of his expenditure, together with any and all costs
incidental thereto and any penalties that may have accrued, shall
be owed to the Town by the owner of the subject property. In the event
the owner fails to pay said costs within 30 days of written demand
therefor, they shall be charged against the land upon which the building,
structure, or other object stands or stood as a municipal lien. Additionally,
the Town of Westernport may proceed to seek judgment against the owner
for said costs and it may further seek such other and further remedies
as are available to it under applicable law, in either of which cases
the owner of the subject property shall be liable for the Town's
attorney fees, court costs and litigation expenses.
Except as otherwise provided for in this code and applicable
law, the owner shall be responsible to obtain all the necessary permits
and certificates which are required for the use, occupancy, alteration,
construction, installation or repair, in or about the premises, required
by the ordinances of the Town of Westernport and the State of Maryland,
or any of the rules and regulations promulgated under any of them.
[Amended 7-10-2017; 9-4-2018 by Ord. No. 8-6-2018]
A.
It shall be unlawful for the owner(s) of any rental dwelling unit
to permit occupancy of any rental dwelling unit by another unless
said rental unit is currently licensed by the Town of Westernport
and said license has not been denied, revoked, or suspended.
B.
Further, it shall be unlawful for the owner(s) of any rental dwelling
unit to permit occupancy of any rental dwelling unit by another without
providing proof of compliance with applicable Maryland Department
of the Environment (MDE) regulations, including, but not limited to,
providing the certification under the penalties of perjury required
by § 1-503 of the Local Government Article of the Annotated
Code of Maryland.
C.
By January 1, 2016, and each July 1 annually thereafter, every owner
of a rental dwelling unit, whether occupied or vacant, shall obtain
a license from the Director for each unit which he/she rents, leases,
or lets, whether for consideration or not, on a form to be provided
by the Director.
D.
For each licensed unit there shall be an annual licensing fee, determined
by the Mayor and Commissioners, to be paid at the time the owner applies
for the annual license. All owners whose rental units are boarding
units shall pay a license fee in the same amount designated by the
Mayor and Commissioners for each boarding unit.
E.
Any person becoming an owner of a rental unit shall apply for a rental
license on the date of the property transfer; however, the new owner
will not have to pay the license fee until the next July 1 licensing
date if the previous owner licensed the property and paid the licensing
fee for the current year.
F.
License fees paid shall not be refunded.
G.
The application for the license shall be completed on forms developed
by the Director. At a minimum, the application for the license shall
require the production of the following information:
(1)
A description of the rental by street number, unit or otherwise,
in such manner as to enable the Director to readily identify the same.
(2)
The name and address of the owner of record and agent, when applicable.
If the mailing address is a post office box, street addresses shall
also be required.
(3)
An owner's and/or agent's signature will be required on
the licensing application stating that he or she has knowledge and
an understanding of the Town of Westernport's most-recent Housing
Code.
(4)
If the owner is required to appoint an agent, the agent's consent
to serve as such shall be duly noted on the form, and the agent shall
certify that he or she understands the agent's obligations as
required by this code and accepts the same. Further, if the agent
is a business entity, the application shall require the street address
and mailing address of the agent's resident agent in the State
of Maryland.
H.
Owners of rental dwelling units who do not reside within Allegany
County, Maryland, shall be required to appoint an agent or agents
for each rental dwelling unit owned. An agent may serve as the agent
of the owner for multiple rental dwelling units. The agent shall serve
as the owner's local representative for all purposes related
to this code. The agent shall be responsible for the management, maintenance,
operation, and rental of an owner's rental dwelling unit(s).
Agents must reside within Allegany County, Maryland, or have principal
offices located within Allegany County, Maryland. In designating an
agent as such in a license application, the owner authorizes the agent
to accept service of process on his behalf for all purposes related
to this code.
I.
The Director must be notified within 10 days of any change in the
designated agent.
J.
Inspections.
(1)
Every licensed dwelling unit shall be inspected upon the change of
occupancy basis or every five years, whichever occurs first. No occupancy
inspection shall be required if an occupancy inspection occurred within
12 months from the date of the most-recent occupancy inspection. After
12 months, an occupancy inspection shall be required prior to reoccupancy
of the dwelling unit. In addition, every licensed rental dwelling
unit shall comply with the Maryland Lead Law and complete any required
lead inspection(s) prior to occupancy. All inspection documentation
must be maintained by the owner and/or agent and be available for
review by the Town of Westernport upon request.
(2)
In the event of a complaint, the Director or his/her designee shall
have the authority to inspect a rental dwelling unit, and the owner
and/or agent of a rental dwelling unit shall make said rental dwelling
unit available for inspection by the Director or his/her designee
at all reasonable times.
(3)
Notwithstanding the foregoing, the owner, agent or tenant of any
rental dwelling unit subject to this chapter may request inspections
of said unit(s) at any time, the fee for said inspections to be set
by order of the Mayor and Commissioners, which request shall be in
writing and signed by the person submitting the request, and which
shall set forth the specific complaint the individual making the request
has with the unit(s) and which such request shall further set forth
what attempts have been made to resolve the dispute between the parties.
Except for conditions that present an imminent danger to the health
or safety to occupants of a rental dwelling unit, before accepting
such a complaint, the Director or his designee shall require the tenant
to provide documentation showing that the landlord was provided with
a written request for the correction of the conditions which are the
subject of the complaint no less than 10 days in advance of the date
of the presentation of the complaint. A copy of the written request
shall serve as sufficient documentation for this purpose.
K.
Payment of license fee.
(1)
Any owner of a rental dwelling unit liable to pay the license fee
imposed by this section who fails to pay the same within 30 days from
the time it becomes due and payable shall be subject to a municipal
infraction. The terms of this subsection shall apply to all such license
fees due on or before June 30, 2013.
(2)
Effective with respect to all license fees due on or after July 1, 2016, an owner of a rental dwelling unit shall pay the license fee imposed by this section no later than August 31. The license fee shall double if paid after August 31 but on or prior to October 31, and it shall quadruple if paid after October 31 but on or prior to December 31. Any owner of a rental dwelling unit who shall fail to pay the aforesaid license fee on or prior to the December 31 following its due date shall be guilty of a municipal infraction and subject to the penalties provided for under § 91-21.
A rental dwelling unit license may be denied, revoked or suspended in whole or in part at any time by the Department of Community Development if the owner and/or agent fails to comply with any section of this chapter or, after receipt of a valid complaint, the owner fails to eliminate violations of the Housing Code identified during any inspection within the time ordered in the notice. The denial, revocation or suspension shall remain in effect until the owner has remedied said violations, the Department of Community Development has verified compliance through a follow-up inspection, and the owner and/or his agent has attended mandatory training set forth by the Mayor and Commissioners. Further, denial, revocation or suspension of a rental dwelling unit license shall be in addition to and not in substitution of the penalties set forth in § 91-21.
Where a rental dwelling unit agent is required by the Housing
Code, said agent shall be registered with the Department of Community
Development on a form provided by the Director. A resignation or change
in agent must be reported to the Department of Community Development
by the owner within 10 days of such action. Failure of the owner to
provide an agent as required shall be cause for suspension of owner's
rental license for all affected rental dwelling units.
A.
Responsibility of owners and agents. Any person who is either an owner or agent of a property subject to this code shall be responsible for compliance with all of the provisions of this code. No owner or agent shall be responsible for compliance with Article VII, Responsibilities of Occupants, of this code unless that person also is an occupant of the property. Where, such as in Article VIII, this code states a responsibility to be that of the owner, it shall also be that of any person who is an agent of the property in his behalf. An owner shall be held liable for all violations of this code, in connection with any land, buildings, structure, matter, or thing owned or operated by him/her, and for any expenses incurred by the Mayor and Commissioners pursuant to § 91-9, 91-10, 91-12, or 91-14 of this code.
B.
Responsibility of business entities' officers, directors, etc.
Whenever a corporation, limited liability company or other business
entity violates any of the provisions of this code, such violation
also shall be deemed to be that of the individual directors, officers,
partners and members, as applicable, and the Director may pursue remedial
action, including but not limited to the issuance of a citation for
a municipal infraction, against such directors, officers, partners
and members in their capacities as individuals.
A.
When any person, who is not a Maryland corporation or a Maryland
partnership, general or limited, located in Allegany County, Maryland,
nor a resident of Allegany County, Maryland, who also is an owner
of property or properties containing any occupied residential unit
used for other than his personal residence, is determined by the Director
to have failed to comply with any order for the correction of violations
or for the performance of any other act that may be required, issued
by the Director pursuant to this code, with regard to any property
subject to this code, within the time and manner prescribed by said
order, then the Director, subject to the provisions of this code,
may proceed to execute the order through his officers, agents, employees,
or contractors by making such repairs or taking such other actions
as the Director finds to be necessary to correct said violation or
violations in occupied residential units and/or public areas within
or about any property containing any occupied residential unit(s).
Entry for the making of such repairs, or the taking of such other
action, shall be made only with the consent of a party with apparent
control of the subject premises, or by order of the court.
B.
The provisions of Subsection A above shall not apply to any person who, within 60 days of the effective date of this chapter, or within 10 days of the service of any notice of violation or other order issued pursuant to this code, shall:
(1)
Appoint and retain as an agent as defined in § 91-6 to manage and/or operate any property or properties subject to this code a full-time resident of Allegany County, Maryland, or Maryland corporation or Maryland partnership, general or limited, located in Allegany County, Maryland; and
(2)
Notify in writing the Director of such appointment, stating the name
and address of the appointee, provided also that he shall similarly
notify the Director within 10 days of any change or termination of
said appointment or retention. Thereafter, if the agent of any property
or properties shall fail to comply with any order for the correction
of violations or for the performance of any other act that may be
required, issued by the Director pursuant to this code, with regard
to any property subject to this code, within the time and manner prescribed
by said order, then the Director, subject to the provisions of this
code, may proceed to execute the order through his officers, agents,
employees, or contractors by making such repairs or taking such other
actions as the Director finds to be necessary to correct said violation
or violations in occupied residential units and/or public areas within
or about any property containing any occupied residential unit(s).
Entry for the making of such repairs, or the taking of such other
action, shall be made only with the consent of a party with apparent
control of the subject premises, or by order of the court.
Whenever the Director determines that there is reason to believe that an owner of any property is subject to the requirement of § 91-18, he may cause to be sent to such person by certified mail a notice, in such form and manner as he shall determine, that said person is believed to be an owner subject to § 91-18 of this code. If said person fails to respond in writing to the Director within 15 days of the issuance of this notice, stating grounds why he is not subject to the requirement of § 91-18, he shall then be liable to the same extent as any owner subject to that requirement for any costs incurred by the Mayor and Commissioners for work done pursuant to § 91-18, and the Director, his officers, agents, employees and contractors shall be free from any liability which may arise if said person is not in fact otherwise subject to the requirement of § 91-18.
Any person affected by a decision of the Director or a notice
or order issued under this code shall have the right to appeal to
the Board of Administrative Appeals, provided that a written application
for appeal is filed within 20 days 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 code or the rules legally adopted
thereunder has been incorrectly interpreted, the provisions of this
code do not fully apply, or the requirements of this code are adequately
satisfied by other means.
[Amended 10-1-2018 by Ord. No. 9-4-2018B]
Any violation of any provision of this chapter shall be a municipal infraction subject to Chapter 135 of the Code of the Town of Westernport. Nothing contained in this section shall be construed to limit the power or authority of the Mayor and Commissioners of Westernport or their appropriate officer, agent, or employee from pursuing any other remedy available to enjoin, restrain, or recover damages and costs incurred as a result of the violation. Further, nothing contained herein shall be construed to preclude any individual, person, firm, corporation, etc., from seeking any remedy which he or it might have for any violation of this chapter.
