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.