[HISTORY: Adopted by the Mayor and Town Council of the Town
of Brentwood as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 44.
Building construction and maintenance — See Ch. 50.
Numbering of buildings — See Ch. 55.
Vacant buildings; vacant lot registration and unsafe buildings — See Ch. 57.
Fire prevention — See Ch. 105.
Littering — See Ch. 143.
Nuisances — See Ch. 170.
Sewers and water — See Ch. 240.
Zoning — See Ch. 320.
[Adopted 5-6-2014 by Ord.
No. 2014-03]
This article shall be known as the "Residential Property Maintenance
Code for the Town of Brentwood."
A.
The health, welfare, and safety of the residents of Brentwood needs
to be protected from the ill effects of poor property maintenance
and all the ramifications arising therefrom. Further, the value of
property within the corporate limits of the Town of Brentwood needs
to be protected from said ill effects and ramifications.
B.
Thus, the Town of Brentwood herein establishes the minimum requirements
for the maintenance of owner-occupied residential property and does
not replace or modify requirements otherwise established for the construction,
repair, alteration, or use of buildings, equipment, or facilities,
except as expressly provided in this article.
A.
The International Property Maintenance Code, 2006 Edition, as published
by the International Code Council, Inc., and as amended from time
to time, is hereby adopted as the Residential Property Maintenance
Code of the Town of Brentwood as though set out in full herein, with
the exceptions and modifications set forth in this article.
B.
Subtitle 13, Housing and property standards, of the Prince George's County Code, as it may from time to time be amended, is hereby adopted by the Town of Brentwood, and all of the powers, rights and requirements of compliance therein not in conflict with the Town of Brentwood Charter, this Code, or Town regulations, may be exercised by the Town. However, all references in Chapter 13 of the County Code (or the International Property Maintenance Code which the County Code currently incorporates) to the appointment, discipline, employment and termination of any property or code enforcement personnel or to a board of appeals shall not be effective in the Town of Brentwood.
A.
See Chapter 2 of the International Property Maintenance Code, 2006
Edition, or most recent edition.
B.
CODE ENFORCEMENT OFFICER
EMERGENCY
RESIDENTIAL PROPERTY
As used in this article, the following terms shall have the meanings
indicated:
The designated Town official or employee responsible for
the enforcement and administration of the Residential Property Maintenance
Code. The Town Administrator also may designate assistants, other
employees, and agents as necessary to enforce and administer the Residential
Property Maintenance Code.
The existence of circumstances constituting an immediate
danger to the public health or safety and requiring prompt enforcement
or remedial action under this code.
A.
Residential property.
(1)
The area between the property line and the curb shall be maintained free from weeds or plant growth of a height in excess of 10 inches, not including cultivated flowers and gardens. If flowers or a garden are cultivated in this so-called tree-box area on the side of a street where parking is allowed, the person responsible shall ensure that a walkable path running parallel and adjacent to the curb is provided for persons exiting cars parked at the curb, and that the path is at least 12 inches wide, including the width of the curb. The other provisions of § 44-1 with respect to weeds and plant growth on private property apply.
(2)
Section 302 Exterior property areas, 302.8 Motor vehicles, of the International Property Maintenance Code, 2006 Edition, is deleted and replaced with § 301-1 Abandoned or non-road-worthy motor vehicles, of the Town's Code of Ordinances.
(3)
Section 304 Exterior structures, 304.14. Insect screens, is amended
to insert the dates "from April 1 to December 1."
(4)
Section 602 Heating facilities, 602.3 Heat supply, is amended to
insert the dates "from October 1 to April 30."
(5)
In the event of a broken window, the boarding up of a window on a
street-side facade for more than 30 days is prohibited.
B.
Temporary storage units.
(1)
Definition. A "temporary storage unit" is any portable on-demand
storage (PODS) structure, steel shipping container, shed-like container
or other portable structure that is designed or used for the storage
of personal property of any kind and which is located for such purposes
outside an enclosed building.
(2)
Time limits. A temporary storage unit may be located as a temporary
structure on property within the Town for a period not exceeding 30
days in duration from time of delivery to time of removal. The Code
Enforcement Officer or designee may grant a one-time extension in
cases of hardship. No more than two temporary storage units may be
located on a specific piece of property within the Town at one time,
and each structure shall be individually limited to the duration time
period established herein. Any temporary storage unit that exceeds
the permitted time limit is considered an accessory structure (e.g.,
a shed) and must comply with all Town and county regulations that
pertain to such an accessory structure, including but not limited
to building permits, height restriction, lot coverage, siting, and
setbacks.
(3)
Location on property. A temporary storage unit shall be located no
closer than 10 feet to the property line, unless the temporary storage
unit is placed on an existing impervious driveway.
(4)
Size. A temporary storage unit may not exceed eight feet six inches
in height, 10 feet in width or 20 feet in length. It shall be the
obligation of the owner or user of such temporary storage unit to
secure it in a manner that does not endanger the safety of persons
or property in the vicinity of the temporary storage unit.
(5)
Exception for temporary storage units on construction sites. A temporary
storage unit may be allowed upon a site where there is active construction,
provided that a Town building permit has been obtained and that such
temporary storage unit is to be used only in connection with such
construction and shall not remain upon the property for longer than
two weeks past the completion of the project, or expiration of the
Town building permit, whichever occurs first. Such temporary storage
unit may not exceed eight feet six inches in height, 10 feet in width
and 20 feet in length. In no event will any temporary storage unit
used in connection with construction remain on the property for more
than one year from the date of the first Town building permit issuance.
A temporary storage unit on an active construction site shall be placed
in the least conspicuous location available to minimize disturbance
to any adjoining residential properties; the final location of the
temporary storage unit shall be determined by the Town Administrator
or designee in his/her sole discretion.
A.
Inspections of residential property. The Code Enforcement Officer
or his/her designee is hereby authorized and directed to make or cause
to be made inspections as often as necessary to determine the exterior
condition of the dwellings, dwelling units, rooming units, and all
other residential buildings and premises located within the Town of
Brentwood, Maryland, in order to safeguard the health, welfare, and
safety of the occupants of dwellings and of the general public. If
entry is refused or not obtained, the Code Enforcement Officer is
authorized to pursue recourse as provided by law, including but not
limited to administrative search warrants.
B.
Administrative search warrants. The Code Enforcement Officer may
apply to a Judge of the District Court or Circuit Court for an administrative
search warrant to enter any premises to conduct any inspection required
or authorized by law to determine compliance with the provisions of
this code.
(1)
The application for an administrative search warrant shall be in
writing and sworn to by the applicant and shall particularly describe
the place, structure, premises, etc., to be inspected and the nature,
scope and purpose of the inspection to be performed by the applicant.
(2)
Before filing an application for an administrative search warrant
with a court, the Code Enforcement Officer shall obtain approval by
the Town Attorney and the Mayor and Council as to its legality in
both form and substance under the standards and criteria of this section,
and a statement to this effect shall be included as part of the application.
(3)
A judge of a court referred to in this section may issue the warrant
on finding that:
(a)
The applicant has sought access to the property for the purpose
of making an inspection; and
(c)
The Code Enforcement Officer is authorized by law to make an
inspection of the property for which the warrant is sought; and
(d)
Probable cause for the issuance of the warrant has been demonstrated
by the applicant by specific evidence of an existing violation of
any provision of this code or any rule or regulation adopted under
this code or by showing:
(4)
An administrative search warrant issued under this section shall
specify the place, structure, premises, vehicle or records to be inspected.
The inspection conducted may not exceed the limits specified in the
warrant.
(5)
An administrative search warrant issued under this section authorizes
the applicant and other officials or employees of the Town to enter
specified property to perform the inspection, sampling and other functions
authorized by law to determine compliance with the provisions of this
code.
A.
Contents of notice. Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this article or of any rule or regulation
adopted pursuant thereto, he/she shall give notice of such alleged
violation to the owner or person or persons responsible therefor,
as hereinafter provided. Such notice of violation shall:
(1)
Be in writing.
(2)
Include a description of the property or premises sufficient for
identification.
(3)
Include a statement of the reasons why it is being issued.
(4)
Include a correction order allowing a reasonable time for the performance
of any repairs, improvements or other acts required to bring the property
or premises into compliance with this Residential Property Maintenance
Code or other applicable law.
(5)
Be served upon the owner or his/her agent or the occupant, as the
case may require, provided that such notice shall be deemed to be
properly served upon such owner or agent or occupant if a copy is:
(a)
Delivered to him/her personally or by leaving a copy thereof
at his/her residence or business with a person of suitable age or
discretion; or
(b)
Sent by certified mail to his/her last known address; or
(c)
Posted in a conspicuous place in or about the property or premises
affected by the notice and mailed by regular mail to the owner's
or agent's or occupant's last known address.
B.
Emergency. Whenever the Code Enforcement Officer finds that an emergency
exists which requires immediate action to protect the public health,
welfare, or safety or to correct a dangerous condition, he/she may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such corrective action be taken
as he/she deems necessary to meet the emergency. Notwithstanding the
other provisions of this article, such order shall be effective immediately.
If such corrective action is not taken by the owner or person or persons
responsible, then the Code Enforcement Officer may cause the required
emergency corrective action to be performed or may take any other
action permitted by this article or other applicable law. The Town
shall send the owner a bill for the costs of such emergency corrective
action. If the bill is not paid within 30 calendar days, the cost
shall be a lien against the real property which may be collected and
enforced in the same manner as are taxes and other liens on real property
or by a suit against the owner.
A.
Notice of violation.
(1)
Any person who violates any provision of this article or any provision of any rule or regulation adopted by the Mayor and Council, or its designee, pursuant to the authority granted by this article shall be issued a notice of violation pursuant to § 195-7. In the event that he/she fails to fully correct the violation(s) within the time set forth in the notice, a citation for a municipal infraction shall be issued to him/her in accordance with the provisions of Article 23A, Section 3(b) of the Annotated Code of Maryland, and Section 1204.0 of the Town of Brentwood Charter, Misdemeanors.
(2)
If a person has been previously cited or properly served notice of an alleged violation for the same municipal infraction under the same code section within a six-month period, the requirement of a correction order and reasonable time for compliance as described in § 195-7 may be waived and a citation for a municipal infraction may be immediately issued as provided for under this article, Article 23A of the Annotated Code of Maryland, and Section 1204.0 of the Town of Brentwood Charter, Misdemeanors..
B.
Fines.
(1)
The amount of the fine for a municipal citation issued for a violation
of this article shall be as follows:
(2)
If the violation poses or has posed a clear and imminent danger to
health, safety, or welfare or a substantial hardship to the occupant
of the property, the violation shall carry a fine of $500.
C.
Civil enforcement.
(1)
Without limitation or election of any other available remedy, including
the issuance of a municipal infraction citation(s) under this section,
the Town may apply to a court of competent jurisdiction for an order
of abatement or an injunction enjoining any person from violating
this article.
(2)
The Town also may bring suit to collect all costs, assessments or
liens imposed or incurred by the Town in taking any emergency or other
action authorized by this article.
(3)
The Town may take such other legal action as is necessary to carry
out the terms and provisions of this article.
D.
Liens. A lien may be created on real property for all overdue fines
and monies expended by the Town for the abatement of violations of
this article where the responsible party refuses or fails to comply
with the lawful order of the Town after due notice thereof. The amount
of such lien shall be collected and enforced by the Prince George's
County Director of Finance in the same manner as other Town taxes
on real property.
In case of conflict between the provisions of this article and
any other provisions of the Brentwood Code, or enactment by Prince
George's County, whether in relation to building, fire, safety,
or health matters or otherwise, the provision which establishes the
higher standard for the promotion and protection of the health and
safety of the people shall prevail, and the provision which establishes
the lower standard, if contained in the Brentwood Code, is hereby
repealed to the extent of the conflict.
The Mayor and Town Council, or its designee, is hereby authorized
to make and to adopt such written rules and regulations as may be
necessary for the proper enforcement of the provisions of this article,
provided that such rules and regulations shall have the same force
and effect as the provisions of this article and the same penalty
for violation of the provisions of this article.