The terms used in this chapter are defined as follows:
BOARDINGHOUSE
A "dwelling unit" in which lodging and meals are furnished
by the inhabitants for compensation to four (4) or more, but not exceeding
nine (9), occupants. The "dwelling unit" shall contain no more than
five (5) rooms for sleeping by occupants.
CITY
The City of New Carrollton.
CODE OFFICIAL
The individual(s) designated by the Mayor to administer this
chapter.
CONDITIONAL LICENSE
A certificate indicating that a complete application for
a rental license has been received along with the required fee and
that the required inspections are pending.
DWELLING
A building used for residential purposes for one (1) or more
individuals.
DWELLING UNIT
For purposes of this chapter, a building (or part of a building)
comprised of one (1) or more rooms that provide bathing, cooking,
living, and sleeping facilities that are used as a complete and independent
dwelling for one (1) or more persons.
EXEMPT TENANT
A tenant of a single-family rental unit who is related to
the owner of the rental unit as grandparent, parent, sibling, child,
or grandchild, whether naturally, adopted, step, or in-law.
LICENSE FEE
The annual fee required for application for a license under this chapter. No additional fee is required in reference to mandatory inspections except as provided for missed appointments in §
89-7D.
LICENSE YEAR
Licenses issued under this chapter shall be valid for one
(1) year from the date of issuance and shall expire at 11:59 p.m.
on the three hundred sixty-fifth (365th) day after issuance.
LOCAL AGENT
The owner of record residing in Maryland, or a Maryland resident
expressly designated by the owner on a form provided by the City,
to manage, supervise and care for the property and to respond to any
violations concerning the property, and to whom official service may
be made, including the service of municipal infraction citations.
MINIMUM STANDARDS
The provisions of the City's housing and property maintenance standards as adopted and may be amended from time to time in Chapter
71 of this Code, and other applicable City codes, ordinances and regulations.
MULTIFAMILY DWELLING
A "building" (other than a "three-family dwelling") containing
three (3) or more "dwelling units", including an "apartment house"
or "apartment building." "Multifamily dwelling" does not include a
"fraternity or sorority house." A "dwelling" for which a special exception
was granted in accordance with Section 27-382 of the Prince George's
County Code, "multifamily dwelling; bedroom percentages increase,
prior to August 26, 1983, shall be considered a "multifamily dwelling,"
irrespective of whether the individual "dwelling units" are entirely
separated from each other by solid, common walls.
OCCUPANT
Any person other than the owner, who is in possession of
a building or structure or space within a building or structure. An
"occupant" shall include a tenant.
OWNER
Any person, partnership, company, corporation or other entity,
alone, jointly or severally, having a legal or equitable interest
in, or control of a rental dwelling. Owner shall also mean any person
who alone, jointly or severally, shall have the charge, care or control
of any premises as executor, administrator, trustee or guardian of
the estate of the owner. Owner shall also mean any person having any
interest in a partnership, company, corporation or other entity which
owns or has any ownership interest or control of a premise. Any person,
firm, partnership, company, corporation, or other entity whose name
appears on the deed or property tax bill for the premises shall be
deemed to be the owner of the premises.
PREMISES
The parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a rental dwelling
is located.
RENTAL DWELLING
A dwelling or a dwelling unit occupied or intended to be
occupied by one or more individuals who are not the legal owners of
record of the property or an exempt tenant. Boardinghouses and a rooming
houses are rental dwellings.
RENTAL UNIT
Any room or group of rooms in a single-family or multifamily
structure forming a single habitable unit that is intended to be rented
for occupancy by one or more individuals who are not the legal owners
of record of the property or an exempt tenant.
ROOMING HOUSE
A rental dwelling in which lodging (excluding meals) is furnished
by the inhabitants for compensation to four (4) or more, but not over
nine (9), occupants. The "dwelling" shall contain no more than five
(5) rooms for sleeping by occupants.
ROOMING UNIT
Any rooms or groups of rooms located within a dwelling, forming
a single habitable unit used or intended to be used for sleeping or
living, but not for cooking purposes.
SINGLE-FAMILY DWELLING
A dwelling that contains one or two dwelling units, including
duplexes and two-family attached dwellings.
A person aggrieved by a final decision or order of the City
in the administration or enforcement of this chapter may appeal the
decision to the City Board of Appeals within fifteen (15) days of
the date of the decision or order appealed, by filing with the Board
a signed, written notice of appeal requesting a hearing and setting
forth a brief statement of the reasons therefor. Upon receipt of such
notice of appeal, the Board shall set a time and place for such a
hearing and shall determine appeals as promptly as practicable. The
Board shall hear the appeals. After such hearing, the Board may, with
a majority of members present, affirm, amend, modify or withdraw the
decision or order that has been appealed. The decision of the Board
shall, in all cases, be final, except that any party directly aggrieved
by a decision may within five (5) days after the rendering of such
decision file an appeal to the Circuit Court for Prince George's
County. Said appeals shall be in accordance with the Maryland Rules.
A copy of any license issued under this chapter shall be presented
to every prospective tenant prior to executing a lease agreement or
prior to occupancy, and thereafter on demand of the tenant or designated
Code Official.