[HISTORY: Adopted by the Commission of the Town of Cottage City as Ch. 5 of the 2007 Code. Amendments noted where applicable.]
It shall be unlawful for any person or persons, firm or corporation to build or construct or cause to be built or constructed, a new building, dwelling, garage or swimming pool, or renovate, enlarge or extend an existing building of the type described above or do any act for which a permit for such building or construction is required by Prince George's County, without obtaining a permit from the Cottage City Commission issued by the Clerk thereof. No permit shall be issued until the Clerk is provided with 1) a copy of plans regarding the proposed construction which have been approved by the county; 2) a county permit; and 3) fees as follows: $10 plus $2 addition per $1,000 value thereof over $10,000 up to a total fee no more than $42 for each permit. The value of the construction shall be the cost or estimate thereof, of the completed construction.
That it shall be unlawful for any person, firm or corporation to engage in any trade, or business of any kind whatsoever including vending without first obtaining from the Cottage City Commission, or the Clerk thereof, a license, in writing, authorizing the person, firm or corporation so procuring same to engage in such trade or business.
Each permit or license shall state the name of the person, firm or corporation to whom it is issued, the date of issue and of expiration the kind of business for which issued, the location of business, and the amount of the fee paid for said permit or license. All permits or licenses except for sale of whiskey and beer shall expire on June 30 of each year. All permits or licenses issued for a longer period than six months shall be issued for the full annual fee only; those issued for six months or less shall be issued for 1/2 the annual fee. The fee will be sufficient to cover all costs of regulation, issuance of licenses, inspections, health regulations supervision, policing and other regular activities or expenditures and which are deemed necessary to protect the public health, safety and morals. All permits or license fees shall be paid before the permit or license is issued.
A. 
The application for a permit or license shall contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to:
(1) 
The applicant's full name, current address, telephone number and proof of identity, issued by the State of Maryland, or other recognized governmental entity;
(2) 
A brief description of the business nature, including its character and the quality of goods or services offered;
(3) 
The specific location, if any, of the business;
(4) 
If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation;
(5) 
If a motor vehicle is to be used in the business, a description of the vehicle together with the motor vehicle identification number and license number;
(6) 
A complete listing of any other licenses or permits issued to the applicant by the Town within the five years immediately preceding the date of the application.
B. 
Any application for a license to engage in the sale of food or beverages shall also be referred to the County and State Health Department for approval and issuance of a certificate of health inspection (or health permit) in addition to the regular vending license. The applicant's equipment shall be subject to inspections at the time of application and at periodic intervals thereafter. The Town will not issue or renew a vending license until all the provisions of this code have been complied with until all required county or state licenses or permits have been issued and evidence of such, to the reasonable satisfaction of the Town, has been demonstrated.
A. 
No license or permit shall be issued until the applicant presents reasonable proof that the licensed or permitted activity will not violate any of the provisions of § 5-7 below. The Town Clerk or Commission can issue a license or permit subject to such conditions or restrictions as reasonably necessary to protect the public safety and the purposes of this chapter.
B. 
The applicant shall be notified in writing by the Town of the decision to issue or deny the vending license not later than 60 days after the applicant has filed a completed application with the Town.
C. 
Each license shall show at a minimum the name and address of the licensee, the type of license issued, the kind of goods or services to be sold, the amount of the license fee, the date of issuance, the license number, and a copy of any state issued photo identification. Each license shall also show the expiration date of the license and the vendor's permit number which is issued by the Town and any conditions or restrictions as well as a statement that it is subject to revocation by the Town.
D. 
All licenses, permits and/or identification badges issued under this section are valid for no longer than one year unless suspended or revoked and shall be both nonassignable and nontransferable.
A. 
All license fees shall be paid before the licenses are issued, and the annual fees shall be paid as set out below. In addition to the below fees, there shall be a late fee of 25% of the original fee if a renewal of an annual license is applied for 30 days after it expired.
B. 
The fee for any business license or permit not specifically provided for in this code shall be $200 per year or portion of a year.
C. 
The permit fee shall be as follows:
(1) 
For each transient peddler and vendor, except farmers selling and delivering their own produce: $50.
(2) 
For each musical or cigarette machine: $50.
(3) 
For each slot machine or game of skill: $50.
(4) 
For the sale of vehicles, motor vehicles, motorcycles, and mobile homes or trailers: $500.
(5) 
For each alcoholic beverage license: $250.
A. 
No person or entity shall cause or allow the following to occur or exist. Further, any license or permit issued under this chapter may be suspended or revoked for any of the following reasons:
(1) 
Fraud, misrepresentation or knowingly false statement contained in the application for the license;
(2) 
Fraud, misrepresentation or knowingly false statement in the course of carrying on the business;
(3) 
Conducting the business of vending in any manner contrary to the conditions of the license or to a direct order by the Town or the police;
(4) 
Conducting the business in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, or welfare, or interfere with the rights of abutting property owners;
(5) 
Cancellation or suspension of Health Department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations or cancellation or suspension of a required county or state license or permit; or
(6) 
Conducting the business in violation of any law or ordinance of the United States, the State of Maryland, or any subdivision thereof, including the Maryland National Capital Park and Planning Commission and the District Council created in connection therewith, as well as the Town.
B. 
The Town shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee or permittee of his/her right to a hearing. Such notice shall be mailed to the address shown on the license holder's application by certified mail, return receipt requested and regular mail.
C. 
If the Town revokes a license or permit, the fee already paid for the license or permit shall be forfeited. A person whose license or permit has been revoked under this section may not apply for a new license for a period of one year from the date that the revocation took effect.
D. 
If the Town denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may have a hearing before the Commission. The Commission shall either hear the matter or appoint the hearing officer to hear the matter. The decision of the Commission (or designee) shall be final.
E. 
The filing of a hearing request ordinarily stays the action of the Town in suspending or revoking a license or permit or any part of the business operation being conducted under such license or permit until the Commission makes a final decision. However if the Chairman Commissioner determines that continued operation of the vending business constitutes an imminent and serious threat to the public health or safety, the Chairman Commissioner may order that the appeal does not stay the suspension or revocation, and shall immediately (within three days) order a hearing on such stay.
F. 
A license or permit may be renewed, provided an application for renewal and license fees are received by the Town no later than the expiration date of the current license. The Town shall review each application for renewal, and upon determining that the applicant is in full compliance with the provisions of this chapter and all applicable Town, county and state codes, shall issue a new license.
A. 
Any license or permit issued by the Town shall be carried with the licensee whenever he/she is engaged in vending. Certificates of health inspection shall also be properly and conspicuously displayed at all times during the operation of the vending business.
B. 
A certificate of health inspection shall be deemed to be properly displayed when it is clearly displayed to the public and law enforcement officials.
All licensees and permittees shall assure that a current and correct name, residence address and mailing address are on file with the Town Clerk. Whenever either the name or address provided by a licensed vendor on his application for a vending license changes, the licensee shall notify the Town in writing within 15 days of such change and provide the same with the name change or address change.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONVEYANCE
Includes any public or privately owned vehicle, method or means or transporting people, bicycles, motorized or nonmotorized vehicle, handcart, pushcart, lunch wagon or any other device or thing, whether or not mounted on wheels.
PUBLIC SPACE
Includes all parks and property owned or operated by the Town, the state, or M-NCPPC.
PUBLIC WAY
All areas legally open to public use such as public space, public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.
PUSHCART
Any wheeled vehicle approved by the Department of Code Enforcement in accordance with this chapter, designed for carrying property and for being pushed by a person without the assistance of a motor or motor vehicle.
STAND
Any showcase, table, bench, rack, handcart, pushcart, stall or any other fixture or device that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling or offering for sale any food, beverage, goods, wares or merchandise upon a sidewalk.
VEHICLE
Every device in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including, but not limited to, devices moved by human power.
VENDING
Doing any act as a vendor.
VENDOR
Any person, traveling by foot, wagon, vehicle or any other type of conveyance from street to street carrying, conveying, or transporting goods, wares or merchandise and offering and exposing them for sale, or making sales and delivering articles to purchasers; or who, without traveling from place to place, exhibits, displays, sells or offers for sale such products from a wagon, handcart, pushcart, motor vehicle, conveyance or from his person while on the public ways of the Town. A "vendor" also includes any street vendor, hawker, huckster, itinerant merchant or transient vendor. This definition does not include a door-to-door peddler or solicitor or farmer selling his own produce.
B. 
License required. It shall be unlawful for any person to engage in vending unless the person has first obtained a license from the Town.
C. 
Hours of operation. Unless the license specifically provides otherwise, vendors shall be allowed to engage in the business of vending only between the hours of 9:00 a.m. and 8:00 p.m. for no more than 15 minutes at a single stop after which the vendor must move their vending station or conveyance and other related items a minimum of 1,000 feet from the previous location. They may not return to within 500 feet of a previous location for 24 hours. No vending station, conveyance or other items related to the operation of a vending business shall be located on any sidewalk or other public way during nonvending hours. Nor shall any vehicle be parked, stored or left overnight other than in a lawful parking place.
D. 
Littering and trash removal.
(1) 
Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings and refuse of any kind generated from the operation of their businesses. All trash or debris accumulated within 25 feet of any vending stand shall be collected by the vendor and deposited in a trash container.
(2) 
Persons engaged in food vending shall affix to their vending station, vehicle, pushcart or other conveyance a receptacle for litter that shall be maintained and emptied regularly and marked as being for litter.
E. 
Vending restrictions. Absent an explicit authorization by the Town for a special event or circumstance, no vendor shall be permitted to operate:
(1) 
On any public space, within 25 feet of any street, intersection or pedestrian crosswalk.
(2) 
Within 25 feet of any loading zone or bus stop, intersection, or pedestrian crosswalk.
(3) 
In any area within 25 feet of a building entrance or exit.
(4) 
On the median strip of a divided roadway.
(5) 
Against display windows of fixed location businesses.
(6) 
Any area within 1,000 feet of a school.
(7) 
Within 25 feet of any fire hydrant or fire escape.
(8) 
Within 25 feet of any parking space or access ramp designated for persons with disabilities.
F. 
Prohibited conduct. No person authorized to engage in the business of vending shall do any of the following:
(1) 
Obstruct pedestrian or motor vehicle traffic flow, except for no more than five minutes to load and unload vending stations and/or vending merchandise.
(2) 
Obstruct traffic signals or regulatory signs.
(3) 
Stop, stand or park any vehicle, pushcart or conveyance upon any street for the purpose of selling during the hours when parking, stopping and standing have been prohibited by signs or curb markings.
(4) 
Leave any conveyance unattended at any time or store, park, or leave such conveyance in a public space overnight.
(5) 
Use a handcart or pushcart whose dimensions exceed six feet in width, six feet in length, and seven feet in height.
(6) 
Use any stand or other fixed-location conveyance whose dimensions exceed six feet in width, seven feet in length, and three feet in height.
(7) 
Use any conveyance that when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee, or an attendant.
(8) 
Sell any goods, wares or merchandise on public space unless the location has been or shall be hereafter so designated by the Town for vending.
(9) 
Sound any device that produces a loud and raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention, or otherwise violate the Town's Noise Ordinance or the Transportation Article of the Annotated Code of Maryland, §§ 22-401 and 22-401.1, as amended.
(10) 
Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.
(11) 
Fail to obey the lawful order of a police officer.
(12) 
Operate in violation of the terms and conditions of the Town permit or in violation of the vending restrictions above.
[Added 7-13-2016 by Ord. No. 2016-04]
A. 
Definitions. In this section the following words have the meanings indicated.
FORECLOSED PROPERTY REGISTRY
The foreclosed property registry established by the Maryland Department of Labor, Licensing, and Regulation under the Real Property Article of the Annotated Code of Maryland, § 14-126.1.
REGISTRY LAW
Real Property Article of the Annotated Code of Maryland, § 14-126.1.
B. 
Authority. The Town is authorized by the Registry Law to enact a local law that imposes a civil penalty for failure to register as required by the Registry Law.
C. 
Failure to register. Failure to register a property located in the Town under the Registry Law is a municipal infraction punishable by a fine of $750.
[Added 10-12-2016 by Ord. No. 2016-07]
A. 
Intent and scope. The Cottage City Commission finds that the proliferation of vacant and abandoned buildings, structures, dwellings and lots in Cottage City causes a deterioration of neighborhoods and areas within the Town and has a negative impact on the value of property in close proximity to the vacant and abandoned buildings, structures, dwellings and lots. The Commission further finds that vacant and abandoned buildings, structures, dwellings and lots often cause a serious threat to the safety and welfare of the residents of the Town and erode the quality of life of all who live and work in the Town, and such properties are frequently places of infestation of rodents, vermin, insects, wild animals and other health-threatening creatures and diseases, provide shelter to criminals and vagrants who use such places to evade the police and to conduct illicit activities, and are a nuisance to children and adults alike.
B. 
Definitions. For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them as follows:
LOT
An area of land designated as a separate parcel or unit of land on a legally recorded subdivision plat or deed filed among the land records of Prince George's County and assigned a property tax account identification number that is assigned to one or more such units or parcels of land.
OCCUPIED BUILDING OR STRUCTURE
Any building or structure wherein one or more persons actually conducts a business or resides in all or any part of the building as the business occupant, or as the legal or equitable owner/occupant or tenant on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the United States Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; or a valid Town business license.
OWNER
Any person, partnership, limited-liability company, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control, including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained.
VACANT BUILDING OR STRUCTURE
A building or structure where no person or persons actually currently conduct a business, or reside or live in any part of the building or structure as the legal or equitable owner or tenant-occupant, or owner-occupant, or tenant on a permanent, nontransient basis.
VACANT LOT
A lot without a building or other valid and approved improvement which has an assessed value for taxation purposes as determined by the State of Maryland, Department of Assessments and Taxation.
C. 
Annual registration of vacant buildings or lots; local agent; registration fees.
(1) 
Vacant building or lot registration. Any owner of any building or lot which has been vacant for more than 120 consecutive days shall file with the Town Manager or his designee a vacant building or lot registration. Said registration shall be in a form prescribed by the Town Manager which shall include the street address and parcel number of each such vacant building or lot, the names and addresses of all owners, in accordance with Subsection C(1)(a) through (g) below, and any other information deemed necessary by the Town Manager. In no instance shall the registration of a vacant building or lot and the payment of registration fees be construed to exonerate the owner, agent or responsible party from responsibility for compliance with any other building code or Town ordinance requirement. The registration fee(s), as required herein, shall be billed by the Town Treasurer or designee and shall be paid by January 1 of each year. For purposes of this section, the following shall also be applicable:
(a) 
If the owner is a corporation, the names and addresses of the officers of the corporation shall be provided and shall be accompanied by the name of the resident agent filed with the Maryland Department of Assessments and Taxation;
(b) 
If the owner is a limited-liability company, the name and address of the managing member shall be provided;
(c) 
If the owner is an estate, the name and address of the executor or administrator of the estate shall be provided;
(d) 
If the owner is a trust, the name and address of all trustees, or grantors shall be provided;
(e) 
If the owner is a partnership, the names and addresses of all partners with an interest of 10% or greater shall be provided;
(f) 
If the owner is any other form of unincorporated association, the names and addresses of all principals or co-owners with an interest of 10% or greater shall be provided; or
(g) 
If the owner is an individual person, the name and address of that individual person shall be provided.
(2) 
Local agent.
(a) 
If none of the persons listed in Subsection C(1)(a) through (g) above are within the state, the registration statement also shall provide the name and address of a person who resides within the state and who is authorized to accept service of process on behalf of the owners.
(b) 
The registration statement shall designate a responsible, local party or agent for purposes of notification in the event of an emergency affecting the public health, safety or welfare.
(3) 
Fee.
(a) 
The owner or owners of any vacant property located within the corporate limits shall be responsible to register and pay the annual nonrefundable registration fee of $500. Thereafter, said fee shall be billed by the Town Treasurer annually on November 1. The Commission may revise or increase registration fees established under this section by written resolution, provided such fee does not exceed $750.
(b) 
One vacant building or lot registration may be filed to include all vacant buildings situated upon a single property of an owner so registering or on a series of abutting or adjoining vacant lots. The fee of $500 shall apply to the property upon which the buildings are situated or multiple vacant lots adjoining one another. A separate fee need not be paid for each building upon a single property or for more than one lot in a series of abutting or adjoining vacant lots.
D. 
Appeal rights. The owner shall have the right to appeal the imposition of the registration fees to the Cottage City Commission upon filing an application in writing to the Town Manager no later than 30 calendar days from the date of the billing statement. On appeal, the owner shall bear the burden of providing proof that the building is occupied or the lot is improved with a building or assessed structure. The decision of the Commission may not be appealed as an administrative agency decision by filing a petition for judicial review but shall be enforced pursuant to Subsection K.
E. 
One-time waiver of registration fee. A one-time waiver of the registration fee for up to 90 days may be granted by the Town Manager upon application of the owner and upon review and advice of the Town Attorney, within 30 calendar days from the date of the bill for the registration fee, or if denied by the Town Manager, upon appeal to the Commission, if the owner:
(1) 
Demonstrates with satisfactory proof that he/she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and demonstrates the anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building; or
(2) 
Demonstrates he/she is actively attempting to sell or lease the property during the vacancy period; and
(3) 
Is current on all registration fees and all other financial obligations and/or debts owed to the Town which are associated with the vacant property.
F. 
One-year waiver. Upon application by the owner and satisfaction of Subsection E above, the Town Manager may grant a one-time, one-year waiver of the registration fee, or if denied by the Town Manager, upon appeal to the Commission, if the owner is a nonprofit or tax exempt organization.
G. 
Delinquent registration fees as a lien.
(1) 
After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected an appeal as provided above, and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the Town.
(2) 
Any registration fees, when accrued or overdue, pursuant to this section, and any penalties assessed hereto shall be considered a lien in favor of the Town on the applicable property and may be collected and enforced in the same manner as delinquent or accrued real property taxes.
H. 
Duty to amend registration statement. If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, responsible party or agent for the same to contact the Town Manager or designee within 30 days of the occurrence of such changes and advise the Town Manager in writing of those changes.
I. 
Exceptions. This section shall not apply to any building or lot owned by the United States, the state, the county, nor to any of their respective agencies or political subdivisions.
J. 
Duty of Town Manager to maintain and notify. The Town Manager or his designee shall maintain the vacant building or lot registrations in the normal course of business and shall notify the Town Chief of Police who shall notify local fire and ambulance services of all locations on the registry.
K. 
Enforcement.
(1) 
Penalties for offenses. Any owner, or agent of an owner acting on behalf of the owner, who fails to register a vacant building or lot or to pay any fees required to be paid pursuant to the provisions of this section, within 30 days after they become due, shall constitute a municipal infraction violation punishable upon conviction thereof by a fine in the amount of $1,000 for each failure to register, or for each failure to pay a required vacant building or lot registration fee.
(2) 
Other enforcement. The registration of a vacant building or vacant lot or absence thereof shall not preclude action by the Town to obtain a court order to force abatement, maintenance or removal of a public nuisance or any other violation found on any vacant lot or building pursuant to any other provisions of this Code of Ordinances or other law. The Town shall have the right to remove litter, trash, noxious weeds, tall grass, unsanitary or flammable waste materials and to do such other maintenance or work as is necessary to bring the property into compliance with the general ordinances of the Town of Cottage City. The cost of these actions shall be paid for by the owner. The Town shall send the owner an invoice or bill for the costs of such work by certified mail, return receipt requested, and by regular mail to the owner's last known address or by any other means reasonably calculated to bring the bill to the owner's attention. Should the owner fail to pay the bill within one month after it is presented or mailed, the costs shall be considered a lien against the property and may be collected in the same manner as real property taxes. Nothing in this section shall be construed to limit the Town from seeking any other legal damages or equitable and declaratory relief permitted by law to enforce this code of ordinances in a court of competent jurisdiction in this state.
[Amended 7-13-2016 by Ord. No. 2016-04; 10-12-2016 by Ord. No. 2016-07]
Unless provided otherwise, any violation of this chapter shall be deemed a municipal Infraction. The penalty for such violation shall be a $500 fine for an initial offense together with a suspension of the license for no more than 90 days and $750 for each repeat offense together with a revocation of the license. Each day any violation continues shall be a separate offense.