[HISTORY: Adopted by the Mayor and Town Council of the Town
of Edmonston as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-13-2006 by Ord. No. 2006-O-01 (Ch. 49 of the 1997 Code)]
The purpose of this article is to protect the health, safety,
and welfare of the general public by:
A.
Establishing minimum standards, in accordance with the Prince George's
County Housing Code and applicable Town ordinances, for basic equipment
and facilities for light, ventilation, space heating, and sanitation;
structural soundness for safety from fire; for space use, and location;
for safe sanitary maintenance; and for cooking equipment in all single-family
rental units/dwellings;
B.
Establishing the responsibilities of owners and occupants of single-family
rental units/dwelling; and
C.
Providing for administration, enforcement and penalties.
A.
The provisions of this article shall apply to all single-family rental
units/dwellings used for human habitation with respect to structure,
protection against fire hazard, equipment or maintenance, adequate
provisions for light and air, proper heating, and sanitary conditions,
and with respect to matters of over-crowding, illegal activities,
or factors otherwise deemed to constitute a menace to the safety,
health or welfare of the occupants or adjacent property owners, or
such conditions, factors or characteristics that adversely affect
public safety, health and welfare, and may lead to the continuation,
extension, or aggravation of urban blight. Adequate protection of
the public, therefore, requires establishment and enforcement of the
licensing and inspection of single-family rental units/dwellings.
B.
The Housing Code of Prince George's County, Maryland, as compiled
and amended from time to time ("Housing Code"), is hereby incorporated
by reference in this article to the extent it is not inconsistent
herewith.
The terms used in this article are defined as follows;
Code Enforcement Officer of the Town of Edmonston.
Maryland resident appointed by the owner to supervise and/or
care for the property and to respond to any violations concerning
the property.
The provisions of the Prince George's County Housing
Code, as amended from time to time, and applicable Town ordinances.
Structure being occupied or intended to be occupied by a
single family and/or one or more individuals(s) who are not the legal
owners of record of the property.
Any rented room or group of rooms in a structure forming
a single habitable unit that is used or intended to be used by one
or more occupants for living and sleeping.
The Town of Edmonston.
The Town Administrator of the Town of Edmonston.
A.
The legal owner of record of any rental unit or rental dwelling located
within the Town shall not, except as provided by the terms of temporary
certificate issued upon applications for rental license, permit or
allow such unit or dwelling to be occupied without first having obtained
a rental license from the Town.
B.
All rental units within a single-family dwelling shall be individually
licensed in accordance with this article.
C.
Any owner of record of a multifamily apartment house, as defined in § H-210.0 of the Housing Code, shall be exempt from this section upon showing to the Town Administrator or the person(s) or firm designated by the Mayor and/or Council that the owner has obtained a license or temporary certificate issued pursuant to § 13-181 of the Housing Code Chapter and shall be governed by Chapter 381, Article II, of the Town of Edmonston Code.
D.
Any single-family dwelling that is occupied by a legal owner as principal
place of residence containing no more than one rental unit/dwelling
shall be exempt from the provisions of this article.
E.
Any single-family dwelling that is occupied by a legal owner as the
principal place of residence and leased to a person or persons related
to the owner to the second degree of consanguinity or less —
that is, grandparents, children, grandchildren, aunts and uncles,
nephews and nieces, and first cousins — shall be exempt from
the provisions of this article.
[Amended 4-15-2020 by Ord. No. 2020-OR-02]
A.
Within 30 days after the effective date of this article, owners of
all existing rental units/dwellings shall make written application
to the Town for a rental unit/dwelling license upon such form or forms
as the Town shall, from time to time, designate. All new rentals shall
be initiated by application 30 days prior to occupancy. Such application(s)
shall be submitted together with the license and inspection fee(s).
The initial amount of such fee shall be $200. The amount of such fee
may be revised from time to time by the Council in the same manner
as an ordinance and shall be posted on the face of the application
form.
B.
A late fee of $10 per day shall be assessed to the applicant for
every day the application is delinquent.
A.
Upon receipt of a completed application for a license with tender
of the appropriate license and inspection fee for an existing rental
unit/dwelling, the Town shall issue a temporary certificate indicating
that a license has been duly applied for that will be issued or denied
following inspection of the rental unit/dwelling and authorizing continued
occupancy of the rental unit/dwelling without penalty pending the
issuance or denial of a license.
B.
Upon receipt of a completed application for a license with tender
of the appropriate license and inspection free for a new rental unit/dwelling,
the Town shall inspect the property within 30 days and issue or deny
the license.
C.
An inspection of the rental unit or dwelling shall be conducted by
the Town's Code Enforcement Officer or by the person(s) or firm
so designated by the Mayor and Council, who shall certify that the
rental unit or dwelling is in compliance with all applicable provisions
of the Prince George's County Housing Code — specifically,
Subtitle 4, Building; Subtitle 11, Fire Safety; Subtitle 12, Health;
Subtitle 13, Housing; and Subtitle 27, Zoning, of Title 17 —
and all applicable provisions of Town ordinances. The inspection may,
but shall not be required to, include a check of all subsystems. The
Town may, but shall not be required to, have experts such as engineers
of the like check any and all systems or subsystems. The Town's
inspection may be limited to obvious visible problems and shall not
be deemed to include any latent or hidden defects or problems.
D.
Should the inspection reveal violations of any of the provisions set forth in Subsection C, above, then the Town shall notify the applicant in writing, specifying each violation and the relevant code section violated. The applicant shall then have not more than 15 days to initiate correction of the specified violations and not more then 60 days within which to complete correction of the violations, unless otherwise specified. Within such period, the Council shall have the authority to extend the time for correcting such violations at the written request of the applicant upon a showing that a good faith effort has been initiated to correct such violations but that they cannot be corrected within the established period. Permission for such inspections, without the necessity for obtaining any further permission or judicial warrant, is a condition of any license or temporary certificate. Failure upon reasonable notice, to allow entry for such inspection or to require any tenant or occupant to allow entry for such inspection, shall constitute sufficient reason for the denial of revocation of the rental license or temporary certificate and is a violation of this article.
E.
Failure of an applicant to correct all violations within the sixty-day
period or the time allowed shall result in the application for the
license being denied. No further temporary or permanent certificates
or licenses shall be issued until all violations have been corrected.
A.
Each license issued pursuant to this article shall expire one-year
from the date of issuance.
B.
Application for the renewal of an existing license shall be made
at least 30 days prior to the expiration date and shall be submitted
together with the appropriate license and inspection fee. The late
fee for applicants shall also be applicable to renewals.
C.
Every applicant whose application for a license has been denied or
whose license has been revoked may not reapply for the rental unit/dwelling
license within 90 days from such denial or revocation.
D.
When reapplying after a denial, a new application shall be submitted
together with all applicable fees.
The Town's Code Enforcement Officer or other designated person(s) or firm shall have the authority to conduct periodic inspections of any licensed property to determine whether it continues to be in compliance with the requirements for a rental until or dwelling. The licensee as a condition of the license shall allow said inspections to take place at any and all reasonable times and upon reasonable notice, which for purposes of this article shall be 72 hours as requested by the Town. These inspections shall occur prior to the issuance of a license; prior to the renewal of a license; and when violations are reasonably suspected to exist. The procedures set forth in § 381-6D shall be followed for compliance.
A.
Any appointment for inspections which is not kept by the applicant
for any reason which is not given to the Town 24 hours prior to the
time set for inspection shall be subject to penalty fee of $50. Each
additional appointment not kept shall be at a penalty fee of $100.
A.
Designation of Housing Review Board. A Housing Review Board is hereby
established and designated to hear appeals from the application of
this article. The Board shall consist of a Chairman and two members
to be appointed by the Mayor and confirmed by the Council of two years'
terms of that shall begin on January 1. The terms of the initial members
of the Board shall begin after confirmation by the Council and shall
expire the following January.
B.
Rules and procedure. All persons challenging an action under the
provisions of this article may, within 10 days' date of violation
notice, request a hearing before the Board. The hearing request will
be on forms provided by the Town Administrator and shall be filed
with the Town Administrator, who will notify the appellant in writing
of the time and place set for the hearing. Within 30 days of the filing
of the notice of hearing, the Housing Review Board shall conduct a
hearing at which time an opportunity shall be given to both the person(s)
challenging and the Town staff to present evidence. The hearing shall
be open to the public, and records and minutes shall be maintained
by the Board at all such hearings. Within 10 days after the hearing,
the Board shall present its findings of fact and decisions. Said decisions
may reverse, modify, or affirm the action taken by the Town's
Code Enforcement Officer or by the person(s) or firm designated. The
decision of the Housing Review Board Shall is final.
C.
Failure to abide by the decision of the Housing Review Board shall
constitute a violation of this article.
The license issued under this article shall be prominently and
publicly displayed on the premises of the structure or produced on
demand of the tenant or prospective tenant and shall be available
at the reasonable times for inspection by the Town's Code Enforcement
Officer or such person(s) or firm designated.
A.
Requirement of local agent. The legal owner of record of any rental
unit/dwelling required by this article to obtain a license shall appoint
a local agent for each licensed premises. The local agent shall be
over the age of 18 and reside in the State of Maryland.
B.
Filing for the local agent's name and address. The name and
address of the local agent shall be filed in writing during normal
business hours with the Town Administrator upon issuance of any license
herein. The legal owner of record shall notify the Town Administrator
in writing of any changes with respect to the local agent within 30
days of such changes.
C.
Service of complaint for municipal infraction. Notice of a complaint
or municipal infraction with respect to premises required to be licensed
may be brought by service upon the owner of recorded of the property
or upon the local agent. Service on the owner of the property shall
be deemed appropriate if mailed by certified mail, return receipt
requested, to the owner at his or her last known address as provided
on the license of application. In the event that the certified mail
is returned unclaimed for any reason, service may be effected by posting
the notice on the front door of the premises. Service may also be
effected by the certified mail, return receipt requested, to the local
agent as designated by the owner. Personal service on either the local
agent or the owner shall also be deemed appropriate service.
A.
It shall be unlawful for any person or persons, firm or corporation
to violate any of these provisions, which are hereby declared by the
Council to be municipal infractions, and will be subject to pay a
fine of $100 for each offense. Each day that a violation continues
after assessment of the initial fine shall constitute a separate or
repeat offense. Payment of the fines without correction of violation(s)
does not constitute abatement of the violation(s).
B.
For purposes of enforcing this article, the Town is authorized to
exercise all powers available to it under state and county law and
the Housing Code to prohibit or prevent occupancy of an unlicensed
premises subject to licensing under this article for which a temporary
certificate has not been issued or has expired, or for which license
has expired or been revoked, including, but not limited to, eviction
of the occupants and barring entry by occupants to the unlicensed
premises.
[Adopted 3-13-2006 by Ord. No. 2006-O-02 (Ch. 50 of the 1997 Code)]
The purpose of this article is to protect the health, safety
and welfare of the general public by:
A.
Establishing minimum standards in accordance with the Prince George's
County Housing Code and applicable Town ordinances, for basic equipment
and facilities for light, ventilation, space heating, and sanitation;
structural soundness for safety from fire; for space, use, and location;
for safe and sanitary maintenance; and for cooking equipment in all
multifamily rental and dwelling units;
B.
Establishing the responsibility of owner and occupants of multifamily
rental units/dwellings; and
C.
Providing for administration, enforcement and penalties.
A.
The provisions of this article shall apply to all multifamily rental
dwellings and units used for human habitation with respect to structure,
protection against fire hazards, equipment or maintenance, adequate
provisions for light and air, proper heating, and sanitary conditions,
and with respect to matters of sanitary conditions, and with respect
to matters of overcrowding, illegal activities, or factors otherwise
deemed to constitute a menace to the safety, health, or welfare of
the occupants or adjacent property owners, or such conditions, factors
or characteristics that adversely affect public safety, health, and
welfare, and may lead to the continuation, extension, or aggravation
of urban blight. Adequate protection of the public, therefore, requires
establishment and enforcement of the licensing and inspection of multifamily
rental dwellings and units.
B.
The Housing Code of Prince George's County, Maryland, as compiled
and amended from time to time ("Housing Code"), is hereby adopted
as the Housing Code for the Town of Edmonston and incorporated by
references in this article to the extent it is not inconsistent herewith.
The terms used in this article are defined as follows;
The Town's Code Enforcement Officer, and other person
or persons designated by the Mayor and Council to perform all, or
any part of, multifamily dwelling rental inspections in the Town of
Edmonston.
A Maryland resident appointed by the owner to supervise and/or
care for a rental dwelling and to respond to any violations concerning
the rental dwelling and any rental units in the rental dwelling.
Provisions of the Prince George's County Housing Code,
as amended from time to time, and applicable Town ordinances.
A structure that contains more than one rental unit.
Any room or group of rooms in a rental dwelling that forms
a single habitable unit that is used or intended to be used by one
or more occupants for living and sleeping in exchange for the payment
of rent or other consideration. For purposes of this article, in the
case of a rooming house in which rooms are let for rent, but where
occupants may share common eating or communal facilities, each room
let for rent shall be considered a separate rental unit.
The Town of Edmonston.
The Town Administrator of the Town of Edmonston.
A.
The owner of any rental dwelling located within the Town shall not,
except as provided by the terms of a temporary certificate issued
upon application for a rental license permit or allow such rental
dwelling or any rental unit in the rental dwelling to be occupied
without first having obtained a rental license issued under this article.
B.
Any rental dwelling containing two or fewer rental units and which
is occupied by an owner as the owner's principal place of residence
shall be exempt from this article.
A.
Within 60 days after the enactment of this article, the owner of
each rental dwelling in the Town shall make written application to
the Town for rental license upon such form or forms as the Town shall
designate from time to time. For rental dwellings to come into existence
after the enactment of this article, the owner of such rental dwelling
shall apply for and obtain a rental license before making any rental
units in the rental dwelling available for rent. The application shall
identify with specificity the rental dwellings and each rental unit
within the rental dwelling that is to be included under the license.
Each applicant for a rental license shall be submitted, together with
the annual rental license fee, a $50 application fee, and a statement
by the owner of the rental dwelling that, as a condition of issuance
of any license or temporary certificate, the owner, on behalf of the
owner and behalf of any present or future tenants, grants permission
to the Town and the Town's officials, employees and agent to
inspect the rental dwelling and each rental unit in the rental dwelling
without the necessity of obtaining any further permission or judicial
warrant. The owner shall have a continuing obligation to update the
information submitted as a part of the rental license application
and to supply additional information as the Town reasonably may require.
B.
The annual rental license for each rental dwelling is an amount equal
to $125 multiplied by the number of rental units in each dwelling.
[Amended 3-12-2012 by Ord. No. 2012-OR-01; 1-15-2014 by Ord. No. 2014-OR-01]
C.
The owner of a rental dwelling is liable for payment of a late fee
for every day that an application for rental license is delinquent.
The amount of the late fee is $5 per day multiplied by the number
of rental units located in the rental dwelling for which the rental
license application is delinquent.
A.
When the Town receives a completed application for a rental license, together with the statement of the owner granting consent to inspection of the rental dwelling and rental units as required by § 381-17A of this article and the appropriate rental license and application fees, the Town shall issue a temporary certificate indicating that a license has been duly applied for and will be issued or denied after the rental until has been inspected.
B.
A temporary certificate shall authorize continued occupancy, without
penalty, of a rental unit pending the issuance or denial of license.
C.
Prior to the issuance of a rental license, an inspection of the rental unit shall be conducted by the Code Enforcement Officer. The Code Enforcement Officer shall provide the owner of the rental dwelling with at least three weeks' written notice prior to the date of inspection. The purpose of this inspection shall be to determine whether the rental dwelling and each rental unit in the rental dwelling are in compliance with all applicable provisions of the Prince George's County Housing Code (Subtitle 4, Building; Subtitle 11, Fire Safety; Subtitle 12, Health; Subtitle 13, Housing; and Subtitle 27, Zoning) and the Town of Edmonston Code (Chapter 215, Building Code; Chapter 360, Peace and Good Order; and Chapter 250, Environmental Noise Control). When the inspector certifies that the rental dwelling and each rental unit complies with all of these provisions of law, a rental license shall be issued. The inspection may, but shall not be required to, include a check of all systems and subsystems in the rental dwelling and each rental unit for safety are not a warrant by the Town as to the safety or operation of any systems and subsystems. The Town's inspection may be limited to obvious visible problems and shall not be deemed to include any latent or hidden defects or problems.
D.
If any inspection reveals violation of any of the codes or ordinances referred to in Subsection C above, then the Code Enforcement Officer or other person designated shall notify the applicant, in writing, within 15 days following the inspection, specifying each violation and the corrective action required to remedy the violation. The applicant shall then have a reasonable time, but not more than 60 days, to correct such violations. Within such period, the Mayor and Town Council shall then have the authority to extend the time for correcting such violations at the request of the applicant upon showing by the applicant that a good-faith effort has been initiated to correct such violations but that remedial actions cannot be completed within the established period.
E.
Failure of an applicant to correct all the violations within the
sixty-day period or time allowed by Mayor and Council, if it has been
extended, shall result in the rental license application being denied.
No further temporary or permanent certificates or licenses shall be
issued until all violations have been corrected.
F.
The owner's permission for such inspections, without the necessity
of obtaining any further permission or judicial warrant, is a condition
of any license or temporary certificate. Failure, after reasonable
notice, to allow entry for such inspection or to require any tenant
or occupant to allow entry for such inspection shall constitute sufficient
reason for the denial or revocation of the rental license or temporary
certificate and is a violation of this article.
A.
Each rental license issued pursuant to this article shall expire
on June 30 of each year. Owner of a rental dwelling may not allow
a rental dwelling and all rental units within the rental dwelling
to continue to be occupied unless the owner had filed an application
for the renewal of the rental license.
B.
The application form from renewal of a rental license shall be prescribed
by the Town Administrator and shall be substantially similar to the
form for an initial rental license.
C.
On or before June 1 of each year, the owner of a rental dwelling shall submit an application to the Town for the renewal of an existing rental license. The completed application form shall be accompanied by the statement of the owner granting consent to inspection of the rental dwelling and rental units as prescribed by § 381-17A of this article and by the annual rental license fee in the amount determined in accordance with § 381-17B of this article. The late fee specified in § 381-17C of this article also shall apply to the application for renewal of a rental license.
D.
After an application for renewal of a rental license, together with the statement of the owner granting consent to inspection of the rental swelling and rental units prescribed by § 381-17A of this article and by the annual rental license fee in the amount determined in accordance § 381-17B of this article, have been filed with the Town, the Town shall process the rental license renewal application and issue the renewal license. The current rental license shall remain in effect until the Town issues a new license.
E.
Every applicant whose application for a license had been denied or
whose license has been revoked may not reapply for a rental license
within 60 days from such denial or revocation.
A.
After a rental dwelling and the rental units within the rental dwelling have been inspected as required by § 381-17 of this article and the Town has issued an initial rental license, the Code Enforcement Officer shall inspect such rental dwelling and the rental units within the rental dwelling at not more than two year intervals as long as the rental dwelling remains licensed. The Code Enforcement Officer shall provide the owner of the rental dwelling with at least three weeks' written notice prior to the date of inspection. The purpose of this inspection shall be to determine whether the rental dwelling and each rental unit in the rental dwelling continue to be in compliance with all applicable provisions of the Prince George's County Housing Code (Subtitle 4, Building; Subtitle 11, Fire Safety; Subtitle 12, Health; Subtitle 13, Housing; and Subtitle 27, Zoning) and the Town of Edmonston Code (Chapter 215, Building Code; Chapter 360, Peace and Good Order; and Chapter 250, Environmental Noise Control). The inspection may, but shall not be required to include a check of all systems and subsystems in the rental dwelling and each rental unit for safety and operation. The Town's inspection may be limited to obvious visible problems and shall not be deemed to include any latent or hidden defects or problems.
B.
In addition to the inspection required by Subsection A of this section, when the Town has a reasonable belief that a violation exists in a rental dwelling or in a rental unit, the Code Enforcement Officer may conduct an inspection of the rental dwelling or rental unit to determine if the dwelling or unit continues to be in compliance with the requirements for the rental license. Such inspections shall take place at any and all reasonable times and upon not less than 72 hours' notice to the owner of the rental dwelling, except where the Town has reasonable information that a condition exists in a rental unit that may pose imminent threat to health or safety of persons or property, in which case an inspection may be made with such minimal notice to the owner as may be reasonable under the circumstances.
D.
If the inspector finds violations, the inspector shall notify the
license holder, in writing, within 15 days following the inspection.
The notice shall specify each violation and the corrective action
required to remedy the violation. The license holder shall then have
a reasonable time, but not more than 60 days, to correct the violations,
unless otherwise extended by the Mayor and Council for good cause
shown. If the violations are not corrected within the time specified,
the Town shall revoke the rental license.
A.
Any person aggrieved by an action of the Code Enforcement Officer
of the Town under this article may appeal such an action by filing
a written notice thereof with the Town Administrator, on a form provided
by the Town Administrator, and paying an appeal fee in the amount
of $100. The notice of appeal shall attach a copy of the order or
decision from which the appeal is taken and shall set forth all legal
and factual bases upon which the appellant contends that the order
of decision appealed from erroneous. The notice to appeal shall be
filed within 15 days after the date of the decision or order from
which the appeal is taken. If a proper and complete notice of appeal,
including the appeal fee, is not timely filed, the appeal is barred.
An appeal shall not operate to stay any of the provisions or requirement
of this article, or any order or decision issued under this article,
unless the Mayor and Town Council shall otherwise order. Within 30
days after a timely and complete notice of appeal is filed, a hearing
shall be conducted before the Mayor and Council, or before Hearing
Board as the Mayor and Council may, from time to time, designate for
such a purpose. Any Hearing Board designated by the Mayor and Council
shall consist of five persons, two of whom shall be members of the
Town Council, at least another of whom shall be experienced in matters
that are the subject of the appeal and at least two members, in addition
to the two members of the Town Council, who shall be residents of
the Town. The hearing shall be open to the public, records and minutes
shall be maintained, and the person aggrieved, the Town and other
interested persons shall be given an opportunity to present evidence.
At the hearing, the Board shall take such evidence that the Board
deems necessary and proper, and the burden shall be on the appellant
to demonstrate that the decision or order the appealed from the arbitrary,
capricious, or erroneous as a matter of law. The Hearing Board shall,
within 30 days after conclusion of the hearing, reverse, modify, or
affirm the action complained of and cause a copy of the Board's
decision to be sent to the appellant and other interested persons.
B.
Any person aggrieved by a decision of the Mayor and Council or a
Hearing Board may appeal the decision to the Circuit Court for the
Prince George's County, Maryland, by filing a petition for judicial
review with the court within 15 days after the decision of the Board.
C.
Failure to abide by an unappealed decision rendered by the Mayor
and Council or a Hearing Board shall constitute a violation of this
article.
Licenses issued under this article shall be maintained on the
premises of the rental dwelling in which leased rental units located
and shall be produced for inspection at reasonable times on demand
of a tenant, a prospective tenant, and Code Enforcement Officer.
A.
The owner of any rental unit required by this article to obtain a
rental unit license shall appoint a local agent of each licensed premises.
The local agent shall be at least 18 years of age and reside in Maryland.
B.
The name and address of this local agent shall be filed in writing
with an application for a rental unit license or renewal of a rental
unit license. The name, address, and telephone number of the local
agent may be changed by the owner of the rental unit by notifying
the Town Administrator, in writing within seven days after such change.
C.
To the extent allowed by law, a citation for municipal infraction
for a violation of this article with respect to a licensed rental
unit may be served on the local agent.
A.
The Town shall send all notices required by this article to the owner
of the rental swelling and to the local agent designated by the owner.
All notices shall be hand delivered or sent by United States Mail,
postage prepaid, return receipt requested, and shall be addressed
to the most recent address for the owner and local agent on file with
the Town.
B.
Although the local agent may act for the owner, the owner of the rental dwelling is responsible for complying with the requirements of this article and with any notices issued pursuant to this article, and is liable for any violations of this article. The local agent is jointly responsible with the owner for complying with the provisions of Subsections C and D of this section, and is liable for any violations of those provisions.
C.
Upon receipt of notice setting forth the date and time of an inspection
of a rental dwelling and one or more rental units within the rental
dwelling, the owner promptly shall notify all tenants and other occupants
of all rental units to be inspected of the date and time of the inspection.
The owner also shall notify all tenants and occupants the Code Enforcement
Officer will enter the units for purposes of such inspection, and
that the owners and occupants must secure all pets and remove any
other potential dangers to the Inspector. The owner shall be responsible
for ensuring that the Code Enforcement Officer is able to obtain timely
and safe access of each unit for purposes of inspection.
D.
The owner or the local agent shall accompany the Code Enforcement
Officer on each inspection and shall ensure that the Code Enforcement
Officer is provided with timely and safe access to each unit for purpose
of inspection. The Code Enforcement Officer may, but is not required
to conduct an inspection if the owner or local agent is not present.
A.
Any person who violates any provision of this article is guilty of a municipal infraction as provided in Chapter 110 of this Code. A municipal infraction citation from a violation of this article may be issued and served by the Code Enforcement Officer or a sworn officer of the Edmonston Police Department. The fine for any single initial violation shall be $100, and the fine for each repeat of that offense shall be $250. Each day that a violation continues after assessment of any initial fine shall constitute a separate or repeat offense. Payment of the fines without correction of the violation(s) does not constitute abatement of the violation(s).
B.
Any person who knowingly and willfully violates any provisions of
this article is guilty of a misdemeanor and, upon conviction, is subject
to a fine of not more than $1,000 and imprisonment for not more than
six months, or both fine and imprisonment.
C.
For purposes of enforcing this article, the Town may exercise any
and all powers available to it to prohibit or prevent occupancy of
unlicensed premises subject to licensing under this article for which
a temporary certificate has not been issued or has expired, or for
which a license has expired or been revoked. The Town's remedies
include, but are not limited to, eviction of the occupants and barring
entry by occupants to the unlicensed premises.
