A.
The Minimum Livability Code shall apply to residential structures
used for human habitation except:
B.
Any repairs or alterations to a structure or changes of use therein
which may be caused directly or indirectly by the enforcement of this
code shall be done in accordance with the procedures and provisions
of any applicable local building code, plumbing code, mechanical code
and electrical code or any other code or standard applicable to housing.
C.
The provisions in this code shall not abolish or impair any remedies
available to the County or its officers or agencies relating to the
removal or demolition of any structures which are deemed to be dangerous,
unsafe and unsanitary.
D.
All repairs, maintenance, alterations or installations which are
required for compliance with this code shall be executed and installed
in accordance with industry standards so as to secure the results
intended by this code.
E.
Severability. The provisions of these regulations are severable.
A judgment by any court of competent jurisdiction finding or declaring
that any provisions of these regulations or the application of any
provision to any person or circumstance is invalid does not affect
the validity of the remaining provisions of the regulations or any
other application of these regulations, and the remaining regulations
shall have full force and effect as if no judgment had been entered.
A.
Enforcement. It shall be the duty and responsibility of the Code
Official to enforce the provisions of this code as herein provided.
B.
Waiver.
(1)
The Code Official may waive applicability of this code, in whole
or part, to a unit of rental housing on application of the property
owner if:
(2)
The Code Official may waive applicability of this code if the waiver
is granted on the basis of the religious practices of the occupant
of the unit of rental housing.
C.
Displacement. A person may not be displaced by enforcement of the
Minimum Livability Code unless alternate housing of comparable affordability
is available within a reasonable distance of the vacated premises.
A.
General. The Code Official shall enforce the provisions of this code
except as may otherwise be specifically provided by these regulations.
B.
Notices and orders. The Code Official shall issue all notices and
orders necessary to ensure compliance with this code.
C.
Inspections. The Code Official is authorized to enter any structure
or premises at any reasonable time, upon providing reasonable notice
to the property owner and tenant, for the purpose of making inspections
and performing duties under this code.
D.
Alterations and repairs. The Code Official has the authority to require
and approve any alterations or repairs necessary to bring a structure
or premises into compliance with this code. The determination of what
may be necessary to bring such premises into compliance shall take
into consideration the use of alternatives and equivalent approaches
as provided for in this code. The Code Official shall have the authority
to approve changes in any alterations or repairs in the field when
conditions are encountered which make the originally approved work
impractical, provided that such changes in approved work can be readily
determined to be in compliance with this code and are requested by
the property owner or his agent prior to such changes. Such changes
shall be specifically documented by the property owner or by his agent,
describing the change in work and the reasons and justification for
the change, and shall be filed with the permit for the project.
E.
Right of entry. If any property owner, tenant or operator of a structure
refuses, impedes, inhibits, interferes with, restricts or obstructs
entry and free access to any part of the structure or premises where
inspection authorized by this code is sought, the Code Official may
seek, in a court of competent jurisdiction, an order that such property
owner, tenant or operator cease and desist from such interference.
F.
Access by property owner or operator. A tenant of a structure or
premises shall give the property owner or operator thereof, or agent
or employee, access to any part of such structure or its premises
at reasonable times, upon being given reasonable notice, for the purpose
of making such inspection, maintenance, repairs or alterations as
are necessary to comply with the provisions of this code.
G.
Credentials. The Code Official shall disclose his credentials for
the purpose of inspecting any structure or premises.
H.
Coordination of enforcement. The inspection of structures and premises,
the issuance of notices and orders and enforcement of them shall be
the responsibility of the Code Official. Whenever a Code Official
initiating an inspection of a premises under this code becomes aware
that an inspection of the same premises is to be made by any other
governmental official or agency, the Code Official shall make a reasonable
effort to arrange for the coordination of the inspections so as to
minimize the number of visits by inspectors. The Code Official shall
confer with the other governmental official or agency for the purpose
of eliminating conflicting orders before any are issued. The Code
Official shall not, however, cause the delay of the issuance of any
emergency orders by any governmental official or agency which the
governmental official or agency determines must be issued.
I.
Rule-making authority. The Code Official shall have power, as may
be necessary in the interest of public safety, health and general
welfare, to adopt and promulgate rules and regulations to interpret
and implement the provisions of this code to further the intent thereof.
A.
General. When a structure or part thereof is found by the Code Official
to be unsafe or unfit for human occupancy or use, the Code Official
may condemn the structure or part thereof and may order the structure
or part thereof to be placarded and vacated pursuant to the provisions
of this code. The structure or part thereof shall not be reoccupied
without approval of the Code Official. Unsafe equipment may be condemned,
placarded and placed out of service pursuant to the provisions of
this code.
B.
Unsafe structure. An unsafe structure is one which all or part thereof
is found by the Code Official to be dangerous to life, health, property
or the safety of its tenants by not providing minimum protection from
fire or because it is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
it is likely to partially or completely collapse.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
cooking equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
it is found by the Code Official to be a hazard to life, health, property
or safety of the tenants of the premises or structure. Unsafe equipment
may contribute to the finding that the structure is unsafe or unfit
for human occupancy or use.
D.
Structure unfit for human occupancy. A structure is unfit for human
occupancy or use whenever the Code Official finds that it is unsanitary,
vermin- or rodent-infested, contains filth or contamination or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code.
E.
Closing of vacant structure. Upon failure of a property owner to
close or vacate a premises within the time specified in an order,
the Code Official may cause the premises to be closed through any
available public agency or by contract or arrangement with private
persons, and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
A.
General. Whenever the Code Official determines that there has been
a violation of this code or has reasonable grounds to believe that
a violation has occurred or whenever the Code Official has determined
to condemn any structure or part thereof or equipment under the provisions
of this code, notice shall be given to the property owner and to the
tenant in the manner prescribed in this code. If the Code Official
has condemned the structure or part thereof or equipment, the Code
Official shall serve prior notice to the property owner and to the
tenants of the intent to:
B.
Service of notice. Notice shall be deemed to be properly served upon
a property owner or tenant by one of the following methods:
(1)
By delivering to the person to be served or his agent a copy of the
notice and all other necessary papers; or
(2)
Mailing or posting.
(a)
By mailing to the person to be served at his last known address
or to his agent by certified or registered mail with return receipt
requested a copy of the notice and all other necessary papers; or
(b)
If the certified or registered letter is returned with receipt
showing that it has not been delivered, by posting a copy thereof
in a conspicuous place in or about the structure affected by such
notice.
C.
Notice to vacate. When a condemnation order is served on a tenant,
the tenant shall be given a reasonable time to vacate the structure
in accordance with state or local law.
D.
Transfer of ownership. A property owner who has received a compliance
order or upon whom a notice of violation has been served shall not
sell, transfer, mortgage, lease or otherwise dispose of the premises
until the provisions of the compliance order or notice of violation
have been complied with or until the property owner shall first furnish
the grantee, transferee, mortgagee or lessee a true copy of the compliance
order or notice of violation issued by the Code Official and shall
furnish to the Code Official a signed and notarized statement from
the grantee, transferee, mortgagee or lessee in which he acknowledges
the receipt of the compliance order or notice of violation and states
that he fully accepts and assumes the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
E.
Removal of placard. A property owner shall not deface or remove a
condemnation placard without the approval of the Code Official.
A.
Penalty. A property owner who willfully violates any provision of
this code is guilty of a misdemeanor and, on conviction for each violation,
is subject to a fine not exceeding $500 for each day that the violation
exists or imprisonment not exceeding three months, or both.
B.
Other penalties. Any penalty ordered under this code is in addition
to and is not a substitute for any other penalty authorized under
a federal, state or local law.
A.
Petition. Any person affected by any decision of the Code Official
which has been made in connection with the enforcement of any provision
of this code or of any rule or regulation adopted pursuant to this
code may request and may be granted a hearing with the Code Official.
B.
Board of building appeals. Appeals to the Board may be filed by any
person who allegedly is directly aggrieved by any order, requirement,
decision or determination of any county department, agency or official
in conjunction with the administration and enforcement of this chapter.
C.
Appeals and applications shall be made on forms provided by the Code
Official. Such appeals shall be acted on within a reasonable period
of time, not to exceed 60 days from the date of receipt of the application
or such lesser period as may be provided by the rules of the Board
of Appeals and applications, accompanied by the required fees as established
by County Council, shall be filed with the Code Official. In the case
of appeals, the Code Official shall forthwith transmit to the Board
all papers constituting the record upon which the action appealed
was taken.
D.
Any decision by the Board may be appealed to the Circuit Court in
accordance with the Maryland Rules of Procedure.
