For the purposes of this code the following words and phrases
shall have the meaning respectively ascribed to them by this section.
BASEMENT
A portion of the building partly underground, and having
less than half of its clear height below the average grade of the
adjoining ground.
BUILDING CODE
The Basic Building Code, latest edition and current accumulative
supplement officially adopted by Prince George's County and the Town
for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures.
COMMERCIAL BUILDINGS
Any building or structure used or zoned for business, commercial
or industrial purposes and any residentially zoned building or structure
which is used for a purpose other than a residential purpose.
COMMERCIAL UNIT
One or more rooms arranged for the use of one or more individuals
working together as a single enterprise, with offices or other working
areas and sanitary facilities.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
DWELLING(S)
A building or structure, or portion thereof, used for human
occupancy. An attached garage, used for storage purposes, shall not
be included in this definition. The following are types of dwellings:
A.
Single-family dwelling. A building containing one swelling unit.
B.
Multifamily dwelling. A building containing two or more dwelling
units.
C.
Hotel. A building arranged or used for sheltering, sleeping
or feeding 10 or more individuals for which compensation is received.
EMERGENCY
The existence of circumstances constituting an immediate
danger to the public health or safety and requiring prompt enforcement
or remedial action under this code.
EXTERIOR PROPERTY AREA
The open space on the premises and on adjoining property
under the control of owner or operators of such premises.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poison spraying,
fumigating, trapping, or by any other pest-elimination methods.
FAMILY
A group of persons related by blood, marriage or adoption
within and including the degree of first cousins.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
GROSS FLOOR AREA
The total area of all habitable space in a building or structure.
HABITABLE ROOM
A room or enclosed floor space arranged for living, eating,
and sleeping purposes (not including bathrooms, water closet compartment,
laundries, pantries, foyers, hallways, and other accessory floor spaces.)
INFESTATION
The presence within or contiguous to a dwelling, dwelling
unit, or commercial building of insects, rodents, vermin or other
pests.
MOTEL
For purposes of this code, a "motel" shall be defined the
same as a "hotel." (See "dwellings.")
NATURAL
Ventilation by opening to outer air through windows, skylights,
door, louvers, or stacks without wind driven devices.
NOT NATURALLY WEATHER RESISTANT
This term shall include but not be limited to the following
materials: wood, pressboard, fiberboard, wood clapboard, and metal
surfaces subject to rust or corrosion.
OCCUPANT
Any person over one year of age (including owner or operator)
living and sleeping in a dwelling unit or having actual possession
of said dwelling or rooming unit or any person having actual possession
of any commercial building or commercial unit.
OPENABLE AREA
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a multifamily
dwelling or rooming house, in which dwelling units or rooming units
are let or offered for occupancy.
OWNER
The owner or owners of the freehold interest in the premises
or lesser estate therein, a mortgagee or vendor in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of a building; or their duly authorized
agents.
PERSON
An individual, firm, corporation, association or partnership.
PLUMBING or PLUMBING FIXTURES
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises, and demands
a supply of water therefrom; or discharges wastewater, liquid-borne
waste materials; or sewage either directly or indirectly to the drainage
system of the premises; or which requires both a water supply connection
and a discharge for the drainage system of the premises.
PREMISES
A lot, plot or parcel of land including the building or structures
thereon.
RENTAL DWELLING
Any rented room or group of rooms forming a single habitable
unit occupied by one or more persons which is used or intended to
be used by the occupants for living or sleeping.
RESIDENCE BUILDING
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided; except when classified
as an institution under the Building Code.
ROOMING HOUSE
A "dwelling" in which (for compensation) lodging (excluding
meals) is furnished by the inhabitants to four or more, but not over
nine guests.
RUBBISH
Combustible and/or noncombustible waste materials, except
garbage, and the term shall include the residue from the burning of
wood, coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
SUPPLIED
Installed furnished or provided by the owner operator.
VENTILATION
The process of supplying and removing air by natural or mechanical
means to or from any space.
WORKMANLIKE
Whenever the words "workmanlike state of maintenance and
repair" are used in this code, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
YARD
An open unoccupied space on the same lot with a building
extending along the entire length of a street, or rear, or the interior
lot line.
[Amended 5-11-2009 by Ord. No. 2009-O-006; 4-12-2017 by Ord. No. 2017-OR-01]
A. Dangerous structures. Any building or structure is determined to
have any of the following defects constitutes a nuisance and shall
be condemned as unfit for human habitation and shall be so designated
and placarded by the Chief of Police or designee:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or to the public.
(2) One which lacks illumination, ventilation, water service or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public.
(3) One which because of its general condition or location is unsanitary,
or otherwise dangerous to the health or safety of the occupants or
to the public.
B. Posting of placard. Any building or structure declared as unfit for
human habitation shall be posted with a placard reading "Unfit for
Human Habitation" at each entrance by the Chief of Police or designee.
It shall be unlawful for any person to enter such building or structure
(after the date set forth in the placard to vacate) except for the
reason of making the required repairs or of demolishing the same.
The placard shall be signed by the Police Chief or designee and include
the following:
(2) The authority under which it is issued;
(3) An order that the dwelling or multifamily dwelling or structure shall
be vacated by a stated date, and must remain vacant until the order
to vacate is withdrawn;
(4) The date that the placard is posted; and
(5) A statement that building is unfit for human habitation and its use
or occupancy has been prohibited by the Town of Edmonston.
C. Removal of placard or notice. No person shall deface or remove the
placard from any building or structure which has been declared or
placarded as unfit for human habitation except by authority in writing
from the Police Chief or designee.
D. Vacating of declared buildings. Any building or structure declared
as unfit for human habitation and so posted shall be vacated within
a reasonable time as ordered by the Police Chief or designee, and
it shall be unlawful for any owner or operator to allow any person
to inhabit said building or structure, or for any person to inhabit
said building or structure, after the date set forth in the placard.
The designee shall remove such placard whenever the defect or defects
upon which the declaration and placarding action were based have been
eliminated.
E. Notice to owner. When a building or structure has been declared unfit
for human habitation, written notice shall be given to the owner.
Such notice shall:
(2) Include a description of the property sufficient for identification;
(3) Include a statement of the reason or reasons for issuance; and
(4) State the date occupants must vacate the dwelling unit(s) if the
defects have not been eliminated and the order to vacate withdrawn.
F. Service of notice. Notice that the building is unfit and must be
vacated shall be given by:
(1) Personal delivery to the owner, or by leaving the notice at the usual
place of abode of the owner with a person of suitable age and discretion;
or
(2) First-class mail, postage prepaid, to the owner at the address provided
to the State Department of Assessments and Taxation; and
(3) Posting a copy of the notice in a conspicuous place on the premises
to be vacated.
G. Sealing of unfit structure. It shall be the responsibility of the
owner of the property to secure the property, and remove all unsanitary
or flammable material, and board up all windows and doors after a
building or structure has been determined to be unfit for human habitation
if such boarding up is determined by the Police Chief or designee
to be necessary for reasons of health or safety. In the event that
the owner of the property fails to properly seal the structure against
unlawful entry, the Town shall take action to secure the property.
The cost of said action shall be a lien on the property and collectible
in the same manner as delinquent taxes.
H. Demolition of unfit structures.
(1) In the event that the property owner has failed to correct the defects stated in the notice provided to the owner within 90 days, the Chief of Police may order the demolition of the dwelling or abatement of the nuisance. Unoccupied structures which shall be found to be a serious hazard to the public, by the same process as provided in Subsections
A,
B and
E of this section, may be ordered demolished or abated by the Chief of Police. Appeals of the Police Chief's determination to demolish or abate a building or structure shall be heard as provided in §
285-16. In addition to any other remedy available under the law, the cost of any such demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes.
(2) In addition to the other remedies stated herein, if the owner fails,
neglects or refuses to demolish an unfit, unsafe or unsanitary building
or structure unit within the requisite time, the Chief of Police or
designee may apply to a court of competent jurisdiction for a demolition
order. The cost of demolition shall be a lien on the property and
collectible in the same manner as delinquent taxes.
[Amended 4-12-2017 by Ord. No. 2017-OR-01]
A. Emergency action. Whenever, in the judgment of the Chief of Police,
an emergency exists which requires immediate action to protect the
public health, safety or welfare, an order may be issued without notice,
conference or hearing, directing the owner, occupant, operator or
agent to take such action as is appropriate to correct or abate the
emergency.
B. Vacating buildings. When, in the opinion of the Chief of Police or
designee, there is a clear and present danger to the health or safety
of the occupants, the Chief of Police or designee is authorized and
empowered to order and require the occupants to vacate the same forthwith.
He/she shall cause to be posted at each entrance to such building
a notice reading as follows: "This Building is Unsafe and its Use
or Occupancy Has Been Prohibited by the or Code Enforcement Officer."
And it shall be unlawful for any person to enter such building or
structure except for the purpose of making the required repairs or
of demolishing the same.
C. Temporary safeguards. When, in the opinion of the Chief of Police
or designee, there exists grossly unsanitary conditions or an immediate
danger of collapse or failure of a building or structure or part thereof
which could endanger life, he/she shall cause the necessary work to
be done to render such building or structure or part thereof temporarily
safe, whether or not the legal procedure herein described has been
initiated.
D. Closing streets. When necessary for the public safety, the Chief
of Police designee may temporarily close sidewalks, streets, buildings
and structures and places adjacent to such unsafe buildings, and prohibit
the same from being used.
E. Emergency repairs. For the purpose of this section, the Chief of
Police shall employ the necessary labor and materials to perform the
required work as expeditiously as possible.
F. Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be a lien on the property and collectible in
the same manner as delinquent taxes.
[Amended 5-11-2009 by Ord. No. 2009-O-006; 4-12-2007 by Ord. No. 2017-OR-01]
A. Notice. Whenever the Chief of Police or designee so appointed by
Mayor and Council shall determine that there has been a violation
of the provisions of this article, notice shall be given to the owner.
Such notice shall:
(2) Include a description of the property sufficient for identification;
(3) Include a statement of the reason or reasons for issuance;
(4) State the time to correct the conditions; and
(5) Be given by delivery to the owner personally or by leaving the notice
at the usual place of abode of the owner with a person of suitable
age and discretion, or by depositing the notice in the United States
Post Office addressed to the owner at his last known address with
postage prepaid thereon; and posting a copy of the notice in a conspicuous
place on the premises to be vacated.
B. Penalty for violations. Violations of this article are municipal infractions, subject to the penalty and enforcement provisions of Chapter
110 of this Code. Violations of this article are subject to a fine of $100 for the first violation, $250 for a second violation, $400 for a third violation and $600 for each repeat violation in excess of four. Violation of §
285-13C punishable by a municipal infraction fine of $500. Each day that a violation continues constitutes an additional violation.
C. Whenever violations of this article have not been corrected within
60 days of issuance of notice, in addition to any other remedy provided
herein, the Chief of Police or designee is authorized to apply to
the Circuit Court of Prince George's County for an injunction to the
owner to correct the violation(s), and to make such other provision
to secure compliance with this code as the Court sees just and proper.
[Amended 4-12-2017 by Ord. No. 2017-OR-01]
A. A notice from the Chief of Police that a violation will be abated
or that a building or structure will be demolished may be appealed
to the Mayor and Council by the owner of the property within 15 days
of receipt of the notice. Upon timely filing of an appeal, the Mayor
and Council will hold a hearing prior to any further action to abate
or demolish.