[HISTORY: Adopted by the Mayor and Council of Federalsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 111.
Public nuisance property — See Ch. 155.
Rental housing — See Ch. 158.
Solid waste — See Ch. 186.
[Adopted 3-1-1999 by Ord. No. 99-01]
A. 
A new Section PM-112.0 is added as follows:
Assessment of Costs, Creation of Lien to Correct Conditions in Violation of BOCA National Property Maintenance Code/1996
Section PM-112.1 Definitions: For the purposes of this section, the following words have the meanings ascribed to them by this section:
RUBBISH — The waste materials commonly referred to as rubbish and garbage, including garbage from normal household living conditions, including waste, food stuffs of vegetable or animal origin, paper products, fabrics, plastic and metal containers, bottles, crockery and other similar materials, and combustible and noncombustible waste materials, including the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, grass, hedge or shrub trimmings, tin cans, metals, mineral matter, glass crockery, abandoned or inoperable machinery, equipment, appliances or vehicles, tires, play and recreation equipment, furniture, bottles, wastepaper, cardboard, sawdust piles, rubbish from building construction or reconstruction, uprooted tree stumps, street refuse, and all other waste materials.
OWNER — Any person, firm, conservator, receiver or officer who owns, holds or controls the whole or any part of the freehold title (control of the freehold title is not intended to mean a tenant under any type of written or oral tenancy) to any real property including, but not limited to, vacant land, buildings, dwelling units, residential or commercial real property, etc., with or without accompanying actual possession thereof, and shall include, in addition to the holder of legal title, any vendee in possession thereof, but shall not include a mortgagee or trustee under deed of trust, unless said mortgagee or trustee is in actual possession.
Section PM-112.2: Miscellaneous.
A.
The provisions of this article shall apply to any real property within the limits of the Town of Federalsburg.
B.
The decision of the Town's Code Enforcement Officer as to whether particular articles are rubbish, as herein defined, shall be final, and if articles of rubbish have been mixed with other articles not constituting rubbish, as herein defined, the Code Enforcement Officer shall be entitled to treat all such mixed articles as rubbish.
C.
The Town of Federalsburg, Maryland, its officers, employees, agents or contractors are hereby authorized to enter upon any real property within the Town of Federalsburg to remove such rubbish and to do any and all other matters upon such property as are reasonably necessary and proper to enforce this article.
D.
The correction of any condition by the Town of Federalsburg, Maryland, under authority of this article shall not relieve the owner of the property on which such condition existed from criminal prosecution or punishment, whether misdemeanor or municipal infraction for having caused or allowed such unlawful condition to arise or for having failed or refused to correct the same.
E.
If any section or part of section of this article shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this article or the context in which such section or part of section so held invalid appears, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall apply.
Section PM-112.3: Accumulations of rubbish prohibited; exceptions.
A.
No person shall allow rubbish to remain, to be deposited or to accumulate, either temporarily or permanently, on his property. This section shall not apply to those persons who store such rubbish in a lawfully permitted manner for the purpose of regular municipal collection.
Section PM-112.4: Notice.
The Town of Federalsburg's Code Enforcement Officer is hereby authorized to notify the owner of the property as determined by the official tax rolls of the Town of Federalsburg to remove or properly dispose of the rubbish from the subject property. Said notice shall be made pursuant to Section PM 112.8 set forth in this code.
Section PM-112.5: Authority of Town to remove rubbish when owner fails to do so.
Upon the failure, neglect or refusal of any owner so notified to remove or properly dispose of such rubbish within 10 calendar days after service of notice as provided for in Section PM-112.4, the Town of Federalsburg's Code Enforcement Officer is hereby authorized and empowered to cause such condition to be corrected by removing and disposing of such rubbish and is hereby authorized and empowered to pay for the disposal of such rubbish or to order its disposal by the Town of Federalsburg's Department of Public Works.
PM-112.6 Charge for removal to be included in tax bill: When the Town of Federalsburg has removed such rubbish by its own employees or has paid for the removal of such rubbish by its agents or contractors, the actual costs thereof and any related expenses plus an administrative fee of $50, which may be amended from time to time by the Mayor and Council by resolution, by amendment to this code, or by adoption of a general schedule of fees and charges, and shall be charged to the owner of such property and, if not sooner paid, such charge shall be a lien against such real estate and shall be collectible in the same manner in which delinquent real estate taxes are collected, or the Mayor and Council of Federalsburg may collect it by such other action at law as they deem appropriate.
[Amended 7-2-2001 by Ord. No. 01-09]
Section PM-112.7: Financial.
A.
There is hereby established in the Town of Federalsburg and accounted for within the general account a separate restricted fund balance in the amount of not less than $2,500. The purpose of this account is for paying the costs of correction and all expenses incident thereto that the Town of Federalsburg may order or cause pursuant to this code. The Town Mayor and Council, upon approval by 3/5 vote, may increase or decrease the amount of this account during any time of the year. This account is established and is to be used for said purpose for so long as the Town Mayor and Council deem it appropriate.
B.
There shall be deposited to the credit of said account such amounts as may be appropriated for the account or for the purposes of the account, the charges assessed and collected pursuant to this code and all other receipts of whatever nature derived from the operation of said account.
C.
Not later than six months after the end of each fiscal year, the Clerk-Treasurer of the Town shall submit to the Mayor and Council of Federalsburg, a report of the financial condition of the account and the results of the operations and collections for such fiscal year. Said report shall include, but not be limited to, the itemized accounts of unrecovered charges and administrative fees and the names of the delinquent property owners.
D.
Any tax authorized to be collected under this code may be paid without interest within 30 days from the date the Town effected removal of such rubbish. Interest of 1 1/2% per month shall be charged on all unpaid amounts after the expiration of 30 days from the date of such removal. If any such tax or part thereof shall remain unpaid after the expiration of one year from the date of such removal, the subject property may be sold for such tax or unpaid portion thereof with interest and administrative fees thereon at the next ensuing annual tax sale in the same manner and under the same conditions as property sold for delinquent general real estate taxes, if said tax with interest and administrative fees thereon shall have not been paid in full prior to said sale.
Section PM-112.8: Notice procedure.
A.
Any notice required to be served pursuant to Section 112.0 et seq. shall be deemed to have been served by any of the following methods:
(1)
When forwarded to the last known address of the owner as recorded in the official tax rolls of the Town of Federalsburg, by registered or certified mail, return receipt requested; such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed by an owner. Valid service upon the owner shall be deemed effected if such notice shall be refused by the owner and not delivered for that reason;
(2)
When personally delivered to the person to be notified;
(3)
When left with a person of suitable age and discretion at the usual residence or place of business of the owner or person to be notified; or
(4)
If service cannot be effected in accordance with (1), (2) or (3), when published once a week for three consecutive weeks in a newspaper of general circulation within the county and a copy of same posted on the subject property.
Section PM-112.9: Appeals.
Within 10 days from the service of notice as provided for in this code, the owner or his agent may file a written notice of appeal with the Town Mayor and Council stating in detail the reasons as to why the action proposed by the Code Enforcement Officer should not be taken. Upon receipt of such notice of appeal, the Town Mayor and Council shall schedule a hearing within 30 days, shall notify owner of the date and time of the hearing, and on the designated date and time, shall hear the merits of the appeal. The Town Mayor and Council may reverse the action of the Code Enforcement Officer for any error of fact or law, or upon a finding that the enforcement constitutes an undue hardship upon the property owner.
If the owner is dissatisfied with the decision of the Town Mayor and Council, he shall have the right to appeal to the Circuit Court of Caroline County, provided that such appeal is taken within 30 days after the entry of the Town Mayor and Council's decision. The owner shall be notified of the Town Mayor and Council's decision either orally at the hearing or in writing within seven days following said hearing.
[Adopted 5-3-2021 by Ord. No. 2021-02[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. II, Property Maintenance Code, adopted 3-6-2017 by Ord. No. 2017-05.
The 2021 Edition of the International Property Maintenance Code, as published by the International Code Council, Inc. is adopted as the Federalsburg Property Maintenance Code, and is incorporated into this code by reference as if fully set forth herein, subject to the amendments set forth in § 151-3.
The following sections of the 2021 International Property Maintenance Code are hereby modified as follows:
A. 
Section 101. General.
(1) 
Section 101.1 Title. These regulations shall be known as the "Town of Federalsburg Property Maintenance Code," hereinafter referred to as "this code."
(2) 
Section 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Notwithstanding anything to the contrary herein, the provisions of the Property Maintenance Code that govern the interior condition of a residential structure shall not apply to an owner-occupied housing unit. Only the provisions of this code governing the exterior condition of a structure shall apply to an owner-occupied housing unit.
(3) 
Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance the applicable building codes of the Town of Federalsburg, including the International Building Code, the International Building Code for One- and Two-Family Dwellings, the International Energy Code, and the International Existing Building Code, as those codes have been adopted and/or amended by the Town of Federalsburg and incorporated into the Federalsburg Town Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federalsburg Building Code.
B. 
Section 103. Code Compliance Agency.
(1) 
Section 103.2 Appointment. The code official shall be the Town Clerk, or any person or entity designated or appointed by the Mayor and Council of Federalsburg to serve as code official.
C. 
Section 104. Fees.
(1) 
Section 104.1 Fees. The fees for activities and services performed under this article shall be set forth in a fee schedule adopted by the Mayor and Council of Federalsburg.
D. 
Section 105. Duties and Powers of the Code Official.
(1) 
Section 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the code, provided that if such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premise is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry, including obtaining an administrative search warrant.
E. 
Section 107. Means of Appeal.
(1) 
Section 107 Means of Appeal. Delete Section 107.1 in its entirety and replace with the following.
(a) 
Section 107.1 Application for appeal. Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Federalsburg Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(2) 
Section 107.2 Board of Appeals. For the purposes of this code, the board of appeals shall be the Board of Appeals established by the Town of Federalsburg Zoning Ordinance. All provisions governing the Board of Appeals with respect to members, provisions for alternates, quorum, procedure, chairman, term of office, etc., shall be applicable to appeals from this code. Review of the decision of the Board of Appeals shall also be in accordance with the Federalsburg Zoning Ordinance and the Maryland Rules of Procedure applicable to review of administrative agency decisions.
F. 
Section 109. Violations.
(1) 
Section 109.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed to have committed a civil municipal infraction as determined by the Town, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction over such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
G. 
Section 110. Stop Work Order.
(1) 
Section 110.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed to have committed a municipal infraction. The penalty for the first violation shall be $100, and $200 for the second violation. Each day that a violation continues shall be considered a separate offense.
H. 
Chapter 2. Definitions.
(1) 
Section 202. General Definitions. The following definitions are added to the definitions set forth in this chapter:
MOTOR VEHICLE
Any vehicle or device that is self-propelled or designed for self-propulsion, including but not limited to automobiles, buses, trucks, truck tractors, tractors, and motorcycles.
UNREGISTERED MOTOR VEHICLE
A motor vehicle which is not validly registered pursuant to the laws of the State of Maryland.
I. 
Section 302. Exterior Property Areas.
(1) 
Section 302.4 Weeds.
(a) 
All premises and exterior property shall be maintained from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
(b) 
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(2) 
Section 302.8. Delete and replace with the following:
(a) 
Section 302.8.1 Inoperable or unregistered vehicles. Except as provided for in other regulations, no inoperable or unregistered motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. The presence of such vehicles or parts thereof on private property is hereby declared to be a public nuisance which may be abated in accordance with the provisions of this ordinance. The storage of a motor vehicle under a tarpaulin, tent or similar covering, or in or under any temporary structure or any structure not authorized by the building and zoning codes of the Town, shall not be permitted.
(b) 
Section 302.8.2 Abandoned vehicles. Any motor vehicle that is inoperable and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, shall be deemed an abandoned vehicle and may be taken into custody and disposed of by the Police Department or code official as provided in the Transportation Article of the Annotated Code of Maryland, as amended.
J. 
Section 304. Exterior Structure.
(1) 
Section 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property in compliance with Section 911.
(2) 
Section 304.14 Insect screens. During the period from April 1 to December 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.
All prior property maintenance ordinances or parts of property maintenance ordinances in conflict herewith are hereby repealed, except that in any case in which the Federalsburg Zoning Ordinance and this article conflict, the Federalsburg Zoning Ordinance shall control.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Mayor and Council of Federalsburg hereby declare that they would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
The provisions of the property maintenance code relating to the interior condition of a residential structure shall not apply to an owner-occupied housing unit.
Nothing in this article shall be construed to limit the application of the Minimum Livability Code, which has been adopted by the Department of Housing and Community Development (as set forth in COMAR 05.02.03 et seq., as amended from time to time). The Minimum Livability Code shall continue to apply to residential structures located within the Town that are not owner-occupied and that are used for human habitation.