[Adopted 4-9-2007 by Ord.
No. 2007-OR-03 (Ch. 9A of the 1997 Code)]
A.
Purpose. The purpose of this code is to protect the public health,
safety and welfare in occupied buildings or structures used for dwelling
purposes or commercial/industrial work space as hereinafter provided
by:
(1)
Establishing minimum standards for exterior property areas, exterior
structure, interior structure, basic facilities, installation and
maintenance, occupancy, light and ventilation, and firesafety as to
occupancy of occupied buildings.
(2)
Providing for administration, enforcement and penalties.
B.
Matters covered. The provisions of the Building Code shall apply
to all structures used for human habitation, with respect to structure,
protection against fire hazard, equipment or maintenance, inadequate
provisions for light and air, lack of proper heating, unsanitary conditions
and overcrowding, or otherwise may be deemed to constitute a menace
to the safety, health or welfare of the community. The existence of
such conditions, factors or characteristics adversely affect public
safety, health and welfare and lead to the continuation, extension
and aggravation of urban blight. Adequate protection of the public,
therefore, requires the establishment and enforcement of these minimum
standards.
C.
Applicability. Every portion of a building or premise used or intended
to be used for residential or commercial purposes, shall comply with
the provisions of this code, irrespective of when such buildings shall
have been constructed, altered or repaired.
For the purposes of this code the following words and phrases
shall have the meaning respectively ascribed to them by this section.
A portion of the building partly underground, and having
less than half of its clear height below the average grade of the
adjoining ground.
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.
(See "basement.")
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.
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.
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.
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:
The existence of circumstances constituting an immediate
danger to the public health or safety and requiring prompt enforcement
or remedial action under this code.
The open space on the premises and on adjoining property
under the control of owner or operators of such premises.
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.
A group of persons related by blood, marriage or adoption
within and including the degree of first cousins.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The total area of all habitable space in a building or structure.
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.)
(See "dwellings.")
The presence within or contiguous to a dwelling, dwelling
unit, or commercial building of insects, rodents, vermin or other
pests.
Ventilation by power-driven devices.
For purposes of this code, a "motel" shall be defined the
same as a "hotel." (See "dwellings.")
(See "dwellings.")
Ventilation by opening to outer air through windows, skylights,
door, louvers, or stacks without wind driven devices.
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.
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.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
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.
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.
An individual, firm, corporation, association or partnership.
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.
A lot, plot or parcel of land including the building or structures
thereon.
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.
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.
A "dwelling" in which (for compensation) lodging (excluding
meals) is furnished by the inhabitants to four or more, but not over
nine guests.
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.
(See "dwellings.")
Installed furnished or provided by the owner operator.
The process of supplying and removing air by natural or mechanical
means to or from any space.
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.
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.
A.
[1]Exterior property areas. The exterior property areas of
any residential or commercial structure, whether occupied or unoccupied,
shall comply with the following requirements:
(1)
Landscaping of premises. The landscaping of premises shall be maintained
in an orderly state with lawns and bushes trimmed and free form becoming
overgrown, premises free from dead trees or shrubs, and free from
being littered or unsightly where such would constitute a nuisance
or a blighting effect on nearby property.
(2)
Sanitation. All exterior property areas shall be maintained in a
clean and sanitary condition, free from any accumulation of litter,
rubbish, refuse, trash or garbage, including but not limited to paper,
boxes, cans, bottles, tires, construction materials, trimmings from
lawns, hedges, shrubs, or trees, fuel oil, lubricating oil, gravel,
broken stone, mortar, and unused accumulations of mulch, hay, straw,
manure, shavings, sawdust, coal, or ashes.
(3)
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon or within
any building or structure located thereon. Water in swimming pools,
wading pools, and fish ponds shall not be allowed to stagnate and
shall be maintained in a clean and sanitary condition at all times.
Water from gutters, downspouts, sump pumps, swimming pools, wading
pools and fish ponds shall not be drained in such a manner as to flow
on neighboring property or to cause erosion.
(4)
Noxious plant growth. All exterior property areas shall be kept free
from species of weeds or plant growth which are noxious or detrimental
to the public health.
(5)
Insect and rodent harborage. All exterior property areas shall be
kept free from rodent infestation, and, where rodents are found, they
shall be promptly exterminated by acceptable processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation; such precautions shall include
construction designed to prevent rodents, vermin or other pests from
entering a building by blocking off or stopping up all passages by
which rodents, vermin and other pests may gain entry, closing openings
in exterior walls with materials through which rodents, vermin, and
other pests cannot penetrate, together with such interior rat stoppage,
harborage removal, and cleanup as may be necessary to reduce or eliminate
breeding places.
(6)
Open storage. Exterior property areas shall not be utilized for any
period of time for the open storage of building rubbish or refuse,
bathroom or kitchen fixtures, household appliances, glass, furniture,
tires, automotive parts, or similar items or materials, irrespective
of age or condition.
(7)
Accessory structures. Any building or structure, the use of which
is incidental to that of the main building or residence and which
is located on the same lot or ground, including, but not limited to,
the following: fences, attached or detached garages, storage sheds
or buildings, and exterior stairways and walkways, shall be maintained
structurally safe and sound and in good repair, and free from rust,
corrosion and graffiti.
(8)
Appurtenance or appurtenant structure. All exterior decorative, aesthetic
or other devices such as, but not limited to, canopies, marquees,
signs, metal awnings, fire escapes, standpipes, exhaust ducts, shutters,
flower boxes, cupolas, steps, porches, and other similar structures
that are attached to walls or railings or other parts of the structure
shall be maintained in safe, weather-resistant and structurally sound
condition and shall be free of unsafe obstructions or hazardous conditions,
and free from rust, corrosion and graffiti.
(9)
Firewood storage. No person shall permit the storage on any lot in
the Town of any woods, logs, branches or other wood products to be
used for burning in an interior or exterior woodstove or fireplace
unless the same shall be stored evenly on a concrete, asphalt, brick
or wood deck, patio, porch, or be placed on open racks that are elevated
above ground with minimum clearance consistent with County regulations,
and evenly piled so that these materials will not afford shelter or
harborage for rodents. The area beneath the firewood rack shall be
kept free of all debris and weeds. Firewood shall not be stored in
any manner beyond the front building lines of the house.
(10)
Vehicle repair facilities. All vehicle repair facilities, towing
stations and storage lots abutting areas used for residential purposes
shall be completely screened in accordance with the requirements of
Subtitle 27 of the Code of Prince George's County, Maryland notwithstanding
the nonconforming status of a property.
[1]
Editor's Note: The paragraph entitled "Scope," which preceded
this subsection, was repealed 4-12-2017 by Ord. No. 2017-OR-01.
B.
Exterior structure. Every residential or commercial building or structure,
whether occupied or unoccupied, shall comply with the following requirements:
(1)
Foundations, walls and roof. Every foundation, exterior wall, roof,
and all other exterior surfaces shall be maintained in a workmanlike
state of maintenance and repair and shall be kept in such condition
as to exclude rodents.
(2)
Foundations. The foundation elements shall adequately support the
building at all points.
(3)
All exterior surfaces, including, but not limited to, doors, door
and window frames, cornices, porches and trim, shall be maintained
in good repair. Exterior wood surfaces, other than decay-resistant
surfaces, shall be protected from the elements and decay by painting
or other protective covering or treatment. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted. All siding and masonry
joints shall be maintained weather-resistant and watertight. Exterior
walls of buildings shall be maintained free from holes, breaks, loose
or rotting materials, and shall be maintained weatherproof and properly
surface-coated as needed to prevent deterioration.
[Amended 4-12-2023 by Ord. No. 2023-OR-01]
(4)
Roofs. The roof shall be structurally sound, tight, and have no defects
which might admit rain, and roof drainage shall be adequate to prevent
rainwater from causing dampness in the walls or interior portion of
the building.
(5)
Stairs, porches and railings. Stairs and other exit facilities shall
be adequate for safety as provided in the Building Code, and shall
comply with the following subsections:
(a)
Structural safety. Every outside stair, every porch, and every
appurtenance attached thereto shall be so constructed as to be safe
to use and capable of supporting the loads to which it is subjected
as required by the Building Code and shall be kept in sound condition
and good repair.
(b)
Handrails. Every flight of stairs, which is more than two risers
high, shall have handrails which shall be located as required by the
Building Code; and every porch which is more than two risers high
shall have handrails so located and of such design as required by
the Building Code. Every handrail and balustrade shall be firmly fastened
and shall be maintained in good condition.
(6)
Windows, doors and hatchways. Every window, exterior door, and basement
hatchway, shall be substantially tight and shall be kept in sound
condition and repair.
(7)
Windows to be glazed. Every window sash shall be fully supplied with
glass window panes or an approved substitute which is without open
cracks or holes.
(8)
Door hardware. Every exterior door, door hinge, door latch and closing
mechanism used with said door shall be maintained in good condition.
(9)
Door locks. The entrance door to an individual rental dwelling unit
shall be provided with locking devices so as to provide security against
unauthorized entry.
(10)
Doors to fit in frame. Every exterior door, when closed, shall
fit reasonably well within its frame.
(11)
Window and door frames to fit in wall. Every window, door, and
frame shall be constructed and maintained in such relations to the
adjacent wall construction so as to exclude rain as completely as
possible, and to substantially exclude wind from entering the dwelling
or multifamily dwelling or commercial building.
(12)
Basement hatchways. Every basement hatchway shall be so constructed
and maintained as to prevent the entrance of rodents, rain, and surface
drainage water into the dwelling or multifamily dwelling or commercial
building.
(13)
Exit doors. Every door available as an exit shall be capable
of being opened from the inside, easily and without the use of a key.
(14)
Screening. Guards and screens shall be supplied for protection
against rodents and insects. They shall be supplied in and shall remain
maintained in good condition, without cracks, holes or tears by which
would allow the entry of rodents or insects.
(15)
Gutters and downspouts. All gutters and downspouts shall be
properly connected and be maintained in good condition, free of holes
and obstructions. Water shall be conveyed off premises in an acceptable
manner and not in a manner that may cause erosion of any neighboring
property.
(16)
Shutters. All shutters shall be uniform in style and color.
Pairs of shutters shall be maintained consistently on the dwelling
or commercial building or both shall be removed. If they are removed,
all hardware must also be removed off of the structure. All slats
on shutters must be maintained and in good condition.
(17)
Chimney pipe. All exterior metal chimney pipe shall be enclosed
in an approved continuous enclosure of brick, block or wood with siding
and trim to match the existing structure. The enclosure must start
at the bottom edge of the house. This provision shall be waived provided
that no more than six linear feet of chimney pipe is exposed and the
chimney pipe transitions through the roof of the structure, as opposed
to a transition through the wall.
C.
Interior structure. No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling, or portion thereof, which
does not comply with the following requirements.
(1)
Free from dampness. Cellars, basements, crawl spaces, and interior
portions of a dwelling shall be maintained reasonably free from dampness
so as to prevent conditions conducive to decay or deterioration of
the structure as required by the Building Code.
(2)
Structural members. Supporting structural members shall be maintained
in sound condition; showing no evidence of deterioration which would
render them incapable of carrying the imposed loads in accordance
with the provisions of the Building Code.
(3)
Interior stairs and railings. Stairs shall be provided as required
by the Building Code.
(4)
Maintained in good repair. All interior stairs shall be maintained
in sound condition and good repair by replacing treads and risers
that evidence excessive wear or are broken, warped or loose. Every
inside stair shall be so constructed and maintained as to be safe
to use and capable of supporting a load as required by the provisions
of the Building Code.
(5)
Handrails. Every stairwell and every flight of stairs, which is more
that two risers high, shall have handrails or railings located in
accordance with the provisions of the Building Code. Every handrail
or railing shall be firmly fastened and must be maintained in good
condition. Properly balustraded railing capable of bearing normally
imposed loads as required by the Building Code shall be placed on
the open portions of stairs, balconies landings and stairwells.
(6)
Bathroom floors. Every toilet and bathroom floor surface shall be
constructed and maintained so as to be substantially impervious to
water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
(7)
Sanitation. All interior spaces shall be maintained in a clean and
sanitary condition free from any accumulations of rubbish or garbage.
Rubbish, garbage, and other refuse shall be properly kept inside temporary
storage facilities and as further set forth elsewhere in this code.
(8)
Insect and rodent harborage. Dwellings shall be kept free from insect
or rodent infestation, and where insects and rodents are found they
shall be promptly exterminated by acceptable processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation; such precautions shall include
construction designed to prevent rodents, vermin or other pests from
entering a building by blocking off or stopping up all passages by
which rodents, vermin and others pests may gain entry, and includes
the closing of openings in exterior walls with materials through which
rodents, vermin, and others pests cannot penetrate, together with
such interior rat stoppage, harborage removal, and cleanup as may
be necessary to reduce or eliminate breeding places.
(9)
Interior walls, floors and ceilings. Every interior wall, floor and
ceiling shall be maintained in a clean, sanitary, safe and structurally
sound condition, free from holes, cracks, loose plaster or wallpaper,
flaking or scaling paint, and shall be substantially insect- and rodent-proof.
When paint is applied to interior surfaces of habitable spaces, it
must be lead free.
(10)
Caulking. The caulking around all fixtures and surfaces which
require caulking shall be maintained so as to be substantially impervious
to water and so as to permit such fixtures and surface areas to be
easily kept in a clean and sanitary condition.
(11)
Interior doors. All interior bathroom, bedroom and utility room
doors shall be maintained in good repair and shall fit properly in
their frames and shall retain all necessary hardware.
D.
Basic facilities. No person shall occupy as owner-occupant, or let
to another for occupancy, any dwelling, or portion thereof, which
does not contain the following basic facilities.
(1)
Bathroom. Every dwelling unit shall contain within its walls a room,
separate from the habitable rooms, which affords privacy.
(2)
Lavatory. Every dwelling unit shall contain a toilet, which, when
a bathroom is required, shall be in the same room with said bathroom.
(3)
Bathtub and shower. Every dwelling unit shall contain a room which
affords privacy to a person in said room and which is equipped with
a bathtub or shower.
(4)
Kitchen sink. Every dwelling unit shall contain a kitchen sink apart
from the lavatory required elsewhere by this code.
(5)
Cooking facilities. Every dwelling unit shall contain cooking and
baking facilities for the purpose of preparing food, and such facilities
shall be properly installed and operated and kept in a clean and sanitary
condition.
(6)
Refrigeration for food preservation. Every dwelling unit shall contain
a refrigeration unit adequate for the temporary preservation of perishable
foods. Such refrigeration unit shall be capable of maintaining an
average temperature of below 45° F., shall be properly installed
and operated, and kept in a clean and sanitary condition.
(7)
Water and sewer system. Every kitchen sink, lavatory basin, bathtub
or shower and bathroom required under the provisions of this code
shall be properly connected to either a public water and sewer system
or to a private water and sewer system. All sinks, lavatories, bathtubs
and showers shall be supplied with hot and cold running water.
(8)
Water heating facilities. Every dwelling unit shall be supplied with
water heating facilities which are installed in an approved manner,
properly maintained, and properly connected with hot-water lines to
the fixtures required to be supplied with hot water elsewhere in this
code. Water heating facilities shall be capable of heating water to
such a temperature as to permit an adequate amount of water to be
drawn at every required kitchen sink, lavatory basin, bathtub, shower,
and laundry facility or other similar units, at a temperature of not
less than 130° F. at any time needed.
(9)
Heating facilities. Every dwelling unit shall have heating facilities,
and the owner of the heating facilities shall be required to see that
they are properly installed, safely maintained and in good working
condition, and that they are capable of safely and adequately heating
all habitable rooms, bathrooms and toilet rooms located therein, to
a temperature of at least an average of 68° F. with an outside
temperature of 10° below zero. The owner shall maintain a minimum
average room temperature of 68° F. in all habitable rooms, including
bathrooms and toilet rooms when rented, at all times on the basis
of 10° below zero outside.
(10)
Operation of heating facilities. Every heating or water heating
facility shall be installed and shall operate in accordance with the
requirements of the Building Code or Air Pollution Control Ordinances.
(11)
Storage and removal of rubbish and garbage. Every dwelling unit
shall be supplied with containers and covers for the temporary storage
of rubbish and garbage. There shall also be a method for the removal
of said rubbish and garbage from the premises.
E.
Installation and maintenance. No person shall occupy as owner-occupant,
or let to another for occupancy, any dwelling or portion thereof which
does not comply with the following requirements.
(1)
Facilities and equipment. All required equipment and facilities shall
be constructed and maintained so as to properly and safely perform
their intended function in accordance with the provisions of the Building
Code.
(2)
Maintained clean and sanitary. All facilities shall be maintained
in a clean and sanitary condition so as not to breed insects and rodents
or produce dangerous or offensive gases of odors.
(3)
Plumbing fixtures. Waterlines, plumbing fixtures, vents and drains
shall be properly installed, connected and maintained in working order
and shall be kept free from obstructions, leaks and defects and capable
of performing the function for which they are designed. All repairs
and installations shall be made in accordance with the provisions
of the Building Code or Plumbing Code.
(4)
Plumbing systems. Every plumbing stack, waste and sewer line shall
be so installed and maintained as to function properly and shall be
kept free from obstructions, leaks, and defects to prevent structural
deterioration of health hazards. All repairs and installations shall
be made in accordance with the provisions of the Building Code or
Plumbing Code.
(5)
Heating equipment. Every required room heating, water heating, and
cooking devise shall be properly installed, connected and maintained,
and shall be capable of performing the function for which it was designed
in accordance with the provisions of the Building Code.
(6)
Electrical outlets and fixtures. Every electrical outlet and fixture
required by this code shall be installed, maintained and connected
to the source of electrical power in accordance with the provisions
of the Building Code or Electrical Code.
(7)
Electrical system. The electrical system shall be maintained in such
a manner that it will not constitute a hazard to the occupants of
the building by reason of inadequate service, improper fusing, insufficient
outlets, improper wiring or installations, deteriorations or damage,
or for similar reasons.
F.
Occupancy requirements. No person shall occupy as owner-occupant,
or let to another for occupancy, any dwelling, or portion thereof,
which does not comply with the following requirements.
(1)
Minimum ceiling heights. Habitable rooms shall have a clear ceiling
height of not less than 7 1/2 feet, except that in attics or
top half stories the ceiling height shall be not less than seven feet
or not less than 1/3 of the area when used for sleeping, study or
similar activity. In calculating the floor area of such rooms only
those portions of the floor area of the rooms having a clear ceiling
height of five feet or more may be included.
(2)
Required space in dwelling units. Every dwelling unit shall contain
a minimum gross floor area of not less than 150 square feet for the
first occupant and 100 square feet for each additional occupant. The
floor area shall be calculated on the basis of the total area of all
habitable rooms.
(3)
Required space in sleeping rooms. Every room occupied for sleeping
purposes by one occupant shall have a minimum gross floor area of
at least 70 square feet. Every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor area for each occupant thereof.
(4)
Access limitation of dwelling unit to commercial uses. No habitable
room, or bathroom which is accessory to a dwelling unit shall open
directly into or shall be used in conjunctions with a food store,
barber or beauty shop, doctor's or dentist's examinations or treatment
room, or similar room used for public purposes.
(5)
Location of bath and second sleeping room. No dwelling unit containing
two or more sleeping rooms shall have such room arrangements that
access to a bathroom intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room;
nor shall the room arrangement be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom.
No bathroom shall be so located that access thereto is solely through
a kitchen.
(6)
Occupancy of dwelling units below grade. No dwelling unit partially
below grade shall be used for living purposes unless:
G.
Light and ventilation. No person shall occupy as owner-occupant,
or let to another for occupancy, any dwelling, or portion thereof
which does not comply with the following requirements.
(1)
Natural light in habitable rooms. Every habitable room shall have
at least one window facing directly to the outdoors or to a court.
The minimum total window area, measured between stops, for every habitable
room shall be 10% of the floor area of such room, except in a kitchen
when artificial light may be provided in accordance with the provisions
of the Building Code. When ever walls or other portions of the structure
face a window of any room and such obstructions are located less than
three feet from the window and extend to a level above that of the
ceiling of the room, such a window shall not be deemed to face directly
to the outdoors or to a court and shall not be included as contributing
to the required minimum total window area for the room.
(2)
Light in nonhabitable workspace. Every laundry, furnace room, and
all similar nonhabitable work spaces shall have a minimum of one supplied
electric light fixture available at all times.
(3)
Light in public halls and stairways. Every public hall and inside
stairway shall be adequately lighted at all times with an illumination
of at least five lumens per square foot in the darkest portion of
the normally traveled stairs and passageways.
(4)
Electric outlets required. Where there is electric service available
to the building or structure, every habitable room shall contain at
least two separate and remote outlets, one of which may be a ceiling
or wall-type electric light fixture. In kitchens, three separate and
remote wall-type convenience outlets or two such convenience outlets
and one ceiling or wall-type electric light fixture shall be provided.
Every public hall, bathroom, laundry room or furnace room shall contain
at least one electric light fixture. In addition to the electric light
fixture in every bathroom and laundry room, there shall be provided
at least one electric outlet.
(5)
Adequate ventilation. Every habitable room shall have at least one
window which can be easily opened or such other devise as will adequately
ventilate the room. The total openable window area in every habitable
room shall be equal to at least 45% of the minimum window area size
required by the light and ventilation requirements of this code except
where mechanical ventilation is provided in accordance with the provisions
of the Building Code.
(6)
Ventilation and light in bathroom. Every bathroom compartment shall
comply with the light and ventilation requirements for habitable rooms
as required by the Building Code, except that no window shall be required
in bathrooms equipped with an adequate ventilation system.
H.
Firesafety. No person shall occupy as owner-occupant, or shall let
to another for occupancy, any dwelling, or portion thereof, which
does not comply with the applicable provisions of the fire preventions
sections of the Building Code, the Code for Safety to Life and the
following additional requirements for safety from fire or hazards.
(1)
Smoke detectors. All rental dwellings units shall be equipped with
smoke detectors of a type, make and model approved by the Prince George's
County Fire Protection Codes and mounted in locations as set forth
in the aforementioned Fire Protection Codes. Smoke detectors required
by this section shall be installed and in operation by October 1,
1980, and maintained thereafter. All nonrental dwelling units shall
be equipped with smoke detectors as well, also in accordance with
Prince George's County Fire Protection Codes. This provision applies
only to those nonrental dwelling units constructed after January 1,
1992.
(2)
Storage of flammable liquids prohibited. The dispensing or storage
of flammable liquids with a flash point of 110° F. or lower shall
not be permitted within a dwelling.
(3)
Cooking and heating equipment. All cooking and heating equipment,
components, and accessories in every heating, cooking and water heating
device shall be maintained free from leaks and obstructions, and kept
functioning properly so as to be free from fire, health, and accident
hazards. All installations and repairs shall be made in accordance
with the provisions of the Building Code.
(4)
Kerosene heaters and wood stoves. Only recognized and approved units
may be used and then only if installed as per manufacturer's and testing
laboratory specifications. Open-flame devices may not be used for
cooking or heating unless specifically intended for and approved for
such use.
(5)
All multifamily apartments constructed after April 1, 1987, and all
rental properties licensed by the Town of Edmonston after January
1, 2006, shall have:
(a)
A fire extinguisher in each unit or located in a place accessible
to all units.
(b)
A card posted beside all central fire alarm switches which gives
simple directions on the use of the central fire alarm switch as well
as the street name and address of the building in which the central
fire alarm switch is located.
(c)
Entrance doors to each multifamily unit secured by a dead-bolt
lock shall be easily opened from within without the use of a key.
A.
Inspections. The Town Administrator, Code Enforcement, Police Department
or duly authorized representative as appointed by the Mayor and Council
shall hereby be authorized to inspect all dwellings, dwelling units,
rooming units, commercial buildings, commercial units and premises
to determine if they are in violation of the provisions of the Building
Code.
B.
Entry. If any owner, occupant, or other person in charge of a structure
subject to the provisions of this code prevents entry and free access
to any part of the structure or premises, the Town Administrator or
his designee, upon the basis of an exterior inspection from the property
line, shall make a determination as to whether there is reason to
believe that a serious clear and present danger to the health and
safety of the occupants or community exists.
(1)
Serious violations. If such a clear and present danger exists, the
Town Administrator or his designee may initiate any appropriate action
or proceedings and seek any appropriate order necessary to enforce
the Town's right of entry.
(2)
Less serious violations. In the absence of such a clear and present
danger, the Town Administrator or his designee is authorized to conduct
an exterior inspection from the property line. The owner shall be
notified of exterior violations and prosecuted in the manner provided
elsewhere in this code.
[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:
(1)
Name of the Town;
(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:
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:
(1)
Be in writing;
(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.
