[HISTORY: Adopted by the Mayor and Commissioners of the Town of Delmar, Maryland, as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1992 by Ord. No. 644]
The following terms, whenever used herein, shall have the meaning assigned unless a different meaning clearly appears from the context.
DWELLING or DWELLING UNITS
A building or portion thereof arranged or designed for residential occupancy, including, but not limited to, an apartment, accessory apartment, efficiency apartment, boardinghouse, rooming house, single-family and multifamily dwelling.
It shall be unlawful for any person to rent a dwelling or dwelling unit within the Town of Delmar until the required residential rental license has been applied for and obtained as set forth herein, subject only to the sixty-day grace period set forth below.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
The legal owner of record or his agent shall make application at the Town Hall for a residential rental license on forms to be provided by the Town. Such application shall be submitted together with a license fee in an amount set from time to time by resolution of the Mayor and Commissioners. Any owner or agent who has applied for a license will be permitted to rent the dwelling unit until the application can be processed, the inspection hereinbelow is made and the application is either approved or denied.
A residential rental license shall be valid for a term of one year from the date of application or until the ownership of the property is transferred, whichever occurs first. Each license shall be renewed on or before the anniversary date of its application.
A. 
A residential rental license shall only be issued or renewed after the Code Enforcement Officer for the Town of Delmar has determined that the unit for which such license is sought is in compliance with the laws and ordinances of the Town and the proper fee has been paid. In order to make such determination, the Code Enforcement Officer shall inspect the unit, including all common areas and property under the same ownership.
B. 
Permission for such an inspection, without having to obtain any further permission or a judicial warrant, is a condition for the issuance of any license and failure to permit such inspection shall constitute reason to deny or not renew a license.
C. 
In the event a violation is found by the Code Enforcement Officer, he shall provide written notice of the violation to the owner of the property or his agent at the address shown on the license application and the owner then has 10 days from the date of said notice to correct said violation and notify the Code Enforcement Officer so that he may reinspect to determine compliance. In the event that the violation has not been corrected an additional charge in an amount set from time to time by resolution of the Mayor and Commissioners shall be charged for each reinspection until it is corrected.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
D. 
The decision of the Code Enforcement Officer to disapprove an application for residential rental license may be appealed by the applicant to the Mayor and Commissioners by requesting an appeal in writing within 10 days of the notice of disapproval. In the event an appeal is noted by the applicant, the appeal shall act as a stay on the disapproval until a decision by the Town Commissioners.
A license may be suspended by the Code Enforcement Officer if he finds that any provision of this article has not been complied with. Such suspension shall occur only after written notice of such violation has been provided to the owner or his agent at the address shown on the application and a reasonable time has been afforded the owner to correct the violations. The owner may note an appeal under the provision set forth above in § 174-5D and such appeal will stay the suspension until completed.
Every owner or agent must produce and show, on demand by a prospective tenant or tenants, a valid residential rental license for the dwelling rented or to be rented.
A. 
Any person found guilty of violating any provision of this article shall be guilty of a municipal infraction and subject to a fine of $500.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
B. 
Failure or refusal to comply with the provisions of this article may, in addition to any other remedy provided herein or in place thereof, be restrained, prohibited or enjoined by a court of competent jurisdiction.