A.
Title. This chapter shall be known as the "Minimum Properties
Standards Code" for all structures and properties and is herein referred to
as the "Housing-Property Maintenance Code" or "this code."
B.
Purpose. The purpose of this code is to protect the public
health, safety and welfare in buildings and on the premises as hereinafter
provided by:
(1)
Establishing minimum standards for basic equipment and
facilities for light, ventilation, space heating and sanitation; for safety
from fire; for space, use and location; and for safe and sanitary maintenance;
for cooking equipment in all structures now in existence;
(2)
Fixing the responsibilities of owners, operators and
occupants of all structures; and
(3)
Providing for administration, enforcement and penalties.
C.
Matters covered. The provisions of this code shall apply to all structures and premises used for human habitation which are now, or may become in the future, substandard with respect to structure, premises, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, overcrowding, or other conditions which may be deemed to constitute a menace to the safety, health or welfare of their occupants, except as provided in § 191-2E. The existence of such conditions, factors or characteristics adversely affects public safety, health and welfare and leads to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum standards.
D.
Travel trailers and mobile homes. All moveable units
used for human occupancy, and the areas, grounds or parcels on which they
are located, insofar as they are applicable thereto, shall comply with the
requirements of this code.
A.
General. Every portion of a building or premises used
or intended to be used for residential purposes shall comply with the provisions
of this code, irrespective of when such building shall have been constructed,
altered, or repaired, except as hereinafter provided.
B.
Application of Building Code. Any alterations to buildings
or changes of use therein, which may be caused directly or indirectly by the
enforcement of this code shall be done in accordance with applicable sections
of the then current BOCA Building Code in use, and as adopted by, the municipality.[1]
C.
Application of Zoning Law. Nothing in this code shall permit the establishment or conversion of a multifamily dwelling in any zone except where permitted by Chapter 340, Zoning, nor the continuation of such nonconforming use in any zone except as provided therein.
D.
Conflict with other ordinances. Except as provided in Subsection E in any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of this municipality existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or code of this municipality existing on the effective date of this code which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this code shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code.
E.
Existing buildings. This code establishes minimum requirements
for the initial and continued occupancy of all buildings and structures used
for human habitation and does not replace or modify requirements otherwise
established for the construction, repair, alteration, or use of buildings,
equipment or facilities except as provided in this section.
F.
Existing remedies. Nothing in this code shall be deemed
to abolish or impair existing remedies of the municipality or its officers
or agencies relating to the removal or demolition of any buildings which are
deemed to be dangerous, unsafe or unsanitary.
A.
Enforcement officer. It shall be the duly and responsibility
of the St. Michaels' Health Officer to enforce the provisions of this code
as herein provided.
(1)
Coordination of enforcement. Inspection of premises and
the issuing of orders in connection therewith under the provisions of this
code shall be the exclusive responsibility of the Health Department of the
municipality. Wherever, in the opinion of the Health Officer, it is necessary
or desirable to have inspections of any condition by any other department,
the Health Officer shall arrange for this to be done in such manner that the
owners or occupants of buildings shall not be subjected to visits by numerous
inspectors nor to multiple or conflicting orders. An order for correction
of any violation under this code shall not be issued without the approval
of the Health Officer, and it shall be the responsibility of that official
before issuing any such order to determine that it has the concurrence of
any other department or official of the Town government concerned with any
matter involved in the case in question.
(2)
Administrative liability. Except as may otherwise be
provided by statute, local law or ordinance, an officer, agent or employee
of the Town of St. Michaels charged with the enforcement of this code shall
not render himself or herself personally liable for any damage that may accrue
to persons or property as a result of any act required or permitted in the
discharge of his or her duties under this code. No person who institutes,
or assists in the prosecution of, a criminal proceeding under this code shall
be liable to damages hereunder unless he or she acted with actual malice and
without reasonable grounds for believing that the person accused or prosecuted
was guilty of any unlawful act or omission. Any suit brought against any officer,
agent, or employee of the municipality, as a result of any act required or
permitted in the discharge of his or her duties under this code, shall be
defended by the legal representative of the municipality until the final determination
of the proceedings therein.
(3)
Restrictions on employees. No officer or employee who
has an official duty in connection with the administration and enforcement
of this code shall be financially interested in the furnishing of labor, materials,
or appliances for the construction, alteration or maintenance of any building,
or in the plans or specifications therefor unless he or she is the owner of
such building. No such officer or employee shall engage in any activity which
is inconsistent with the public interest and his or her official duties.
(4)
Records. The Health Officer shall keep or cause to be
kept a record of the business of the Department. The records of the Department
shall be open to public inspection.
B.
Inspections.
(1)
Subject to the limitation and conditions as hereinafter
stated in this section, it shall be the duty of the Health Officer to make
or cause to be made inspections as often as necessary to determine the conditions
of dwellings, multifamily dwelling units, rooming houses, rooming units, and
premises in order to safeguard the safety, morals and welfare of the public
under the provisions of this code. Such inspections shall be made in response
to citizen or official complaints or other reliable information or allegations
of existing violations of this code. Further, inspections of dwellings, dwelling
units, rooming houses, rooming units and premises shall be made on a systematic
basis (house-by-house, block-by-block) during daylight hours only, in areas,
communities, or neighborhoods when it is determined by the Health Officer
that such action is necessary to properly apply and enforce the provisions
of this code.
(2)
The following limitations and conditions shall be observed
by the Health Officer in the performance of such duties as said, requiring
entry and access:
(a)
Proof of credentials and identity shall be exhibited
to the occupant or person in charge, stating the purpose for which entry is
requested. If permission is granted, the inspection or other authorized activity
shall be conducted in the normal manner.
(b)
Permission need not be obtained for entry to spaces and
areas to which the public is ordinarily invited.
(c)
If entry is denied, or access to interior, nonpublic
areas is restricted so as to limit or impair a housing inspection or other
authorized function, then, and in that event, no forced entry shall be attempted
or made. Instead, application shall be made to a judicial officer for a warrant
authorizing entry and the performance of such inspection or other authorized
function.
(d)
Notwithstanding the foregoing, and in the event of an
emergency situation constituting an immediate threat to individual human life,
property or the public safety; and if, in addition, the time necessarily consumed
in applying for a judicial warrant authorizing entry could readily intensify
such threat, then, and in that event, the Health Officer shall have the right
without permission or warrant to make an emergency entrance for the purpose
of abating or eliminating the dangerous condition.
(e)
Notwithstanding the foregoing, all licensing and permit
inspections authorized and required by this code shall be processed without
the necessity for obtaining permission or obtaining a judicial warrant authorizing
entry; failure to allow entry for such inspections shall constitute sufficient
reason for the denial or revocation of the license or permit involved.
C.
Access by owner or operator. Every occupant of a structure
or premises shall give the owner or operator thereof, or his or her agent
or employee, access to any part of such structure or its premises at reasonable
times for the purpose of making such inspection, maintenance, repairs or alterations
as are necessary to comply with the provisions of this code.
A.
General. Structures shall be condemned as dangerous structures
or unsafe for human occupancy as herein provided.
B.
Dangerous structures. If all or part of any building
or structure (including among others a fence, billboard or sign) or the equipment
for the operation thereof (including among others the heating plant, plumbing,
electric wiring, moving stairways, elevators and fire-extinguishing apparatus)
shall be found, in the opinion of the Health Officer to be in an unsafe condition
(dangerous to life, limb, or property) he or she shall proceed to have the
same condemned pursuant to the applicable provisions of codes of the municipality
pertaining to unsafe structures.
C.
Abatement of unsafe conditions or demolition of dangerous structures. In the event the responsible party fails to comply with the lawful order of the Health Officer to make safe or demolish an unsafe structure or correct a dangerous condition, the Health Officer shall proceed when, in his or her opinion, emergency action is required to abate the unsafe condition by appropriate means including demolition and removal of dangerous structures, utilizing such public or private resources required and available. All costs incurred for such emergency action shall be paid from the Town treasury on certificate of the Health Officer, and the legal officer of the Town shall institute appropriate action against the owner of the premises where the unsafe structure or condition was located for recovery of such costs, including, but not limited to, certification of a tax lien as provided by Subsection D below.
D.
Creation of tax lien. There is hereby created a tax lien
on real property for moneys expended by the Town for razing, demolition, removal
or making safe buildings and/or abatement of other unsafe nuisances or conditions
constituting a danger to the public health and safety where the responsible
party refuses or fails to comply with a lawful order of the Health Officer
of the Town after due notice thereof, either actual or constructive, is given.
E.
Structures unfit for human occupancy. Whenever the Health
Officer finds that any structure constitutes a hazard to the safety, health
or welfare of the occupants, or to the public, because it lacks maintenance;
or is in disrepair, unsanitary, vermin-infested or rodent-infested; or because
it lacks the sanitary facilities or equipment, or otherwise fails to comply
with the minimum provisions of this code, but has not yet reached such state
of complete disrepair as to be condemned as a dangerous structure as herein
before provided, the Health Officer may declare such structure as unfit for
human occupancy and order it to be vacated.
F.
Unlawful structure. If any structure, or any part thereof,
is occupied by more occupants than permitted under this code, or was erected,
altered or occupied contrary to law, such structure shall be deemed an unlawful
structure, and the Health Officer may cause such structure to be vacated.
It shall be unlawful to again occupy such dwelling until it or its occupation,
as the case may be, has been made to conform to the law.
G.
Notice. Notice of the declaration of any building under
this code as unfit for human occupancy and order to vacate it shall be served
as provided in this code and such other codes or ordinances of the municipality
pertaining to unsafe buildings.
(1)
Posting of notice. Any structure declared as unsafe or
unfit for human occupancy shall be posted with a placard by the Health Officer.
The placard shall include the following:
(a)
Name of Town;
(b)
The name of the authorized department having jurisdiction;
(c)
The chapter and section of the code under which it is
issued;
(d)
An order that the structure when vacated must remain
vacant until the provisions of the order are complied with and the order to
vacate is withdrawn;
(e)
The date that the placard is posted; and
(f)
A statement of the penalty for defacing or removing the
placard.
(2)
Form of notice. Whenever the Health Officer has declared
a structure as unfit for human habitation, he or she shall give notice to
the owner of such declaration and placarding of the structure as unsafe or
unfit for human occupancy. Such notice shall:
H.
Vacating of declared building. Any structure which has
been declared and placarded as unsafe or unfit for human occupancy by the
Health Officer shall be vacated within a reasonable time as required by the
Health Officer, and it shall be unlawful for any owner or operator to let
to any person, for human occupancy, said structure; and a person shall not
occupy any structure which has been declared or placarded by the Health Officer
as unsafe or unfit for human occupancy after the date set forth in the placard.
I.
Occupancy of building. A structure which has been declared
or placarded as unsafe or unfit for human occupancy shall not again be used
for human occupancy until written approval is secured from the Health Officer.
The Health Officer shall remove such placard whenever the defect or defects
upon which the declaration and placarding action were based have been eliminated.
A.
Notice. Notice of violation shall be served upon the
owner of record, provided that such notice shall be deemed to be properly
served upon such owner if a copy thereof is delivered to him or her personally,
or if not found, by leaving a copy thereof at his or her usual place of abode
with a person of suitable age and discretion who shall be informed of the
contents thereof, or by sending a copy thereof by mail to his or her last
known address, or, if the letter with the copy is twice returned showing it
has not been delivered to him or her, by posting a copy thereof in a conspicuous
place in or about the structure affected by the notice.
B.
Service of notice. Whenever the Health Officer determines
that there has been or is a violation, or that there are reasonable grounds
to believe that there has been or is a violation of any provision of this
code, he shall give notice of such violation or alleged violation to the person
or persons responsible therefor. Such notice shall:
C.
Prosecution of violation. In case any violation order
is not promptly complied with, the Health Officer may request the Town Attorney
to institute an appropriate action or proceeding at law or in equity against
the person responsible for the violation, ordering him or her:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation or
alteration of such building;
(3)
To require the removal of work in violation;
(4)
To prevent the occupation or use of the building structure,
or part thereof erected, constructed, installed or altered in violation of,
or not in compliance with, the provisions of this code, or in violation of
a plan or specification under which an approval, permit or certificate was
issued; or
(5)
To comply with the penalty provisions of this code.
D.
Violations and penalties.
(1)
Violations of this code by any person, firm or corporation
shall be punishable as municipal infractions with a fine of $100. Every day
that a violation continues after due notice has been served, in accordance
with the terms and provisions hereof, shall be deemed a separate offense.[1]
(2)
The application of the foregoing penalty shall not preclude
application to a court of equity for appropriate injunctive relief.
A.
General. Any owner or person who is aggrieved by a ruling
or decision of the enforcing officer in any matter relative to the interpretation
or enforcement of any of the provisions of the Housing-Property Maintenance
Code may appeal the decision or interpretation.
B.
Filing. This appeal must be filed with the appropriate
authority, in writing, within 10 days of the date of the rendition of the
decision or interpretation.
C.
Application for appeal. The owner of a building or structure
or any other person may appeal from a decision of the enforcing officer refusing
to grant modification of the provisions of this code covering the manner of
construction or materials to be used in the erection or repair of a building
or structure to the Board of Zoning Appeals. Application for appeal may be
made when it is claimed 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 an equally good or better form of construction
can be used.
D.
Constitution of Board of Appeals. The Board of Zoning Appeals of St. Michaels shall hear and decide all appeals from the decisions of the Health Officer or other appointed Town officials filed under Subsection C above.
E.
Exemption of members. No member of the Board shall pass
on any question in which he or she is engaged as contractor or material dealer,
or in the preparation of plans or specifications, or in which he or she has
any personal interest.
F.
Appeals procedure. The Board shall adopt, and make public,
rules for the conduct of its business. Unless otherwise specified, these rules
shall be the same as those for zoning appeals.
G.
Resolutions of the Board. Every action of the Board shall
be by resolution, and copies shall be furnished to the appellant and to the
Health Officer.
H.
Court review. Any person aggrieved by a decision of the
Board of Appeals, whether or not a previous party to the decision, or any
municipal officer of the municipality, may apply to the appropriate court
for a writ of certiorari to correct errors of law in such decisions. Application
for a review shall be made to the proper court of jurisdiction within 15 days
after filing of the Board's decision in the office of the Town Clerk.
I.
Hardships. When the literal application of the requirements
of this code would cause undue hardship, an exception may be granted by the
Health Officer upon written application therefor. Such application shall state
the reasons therefor. Such exception shall be made in writing and only when
it is clearly evident that reasonable safety and sanitary conditions are assured,
and such exception shall be conditioned in such a manner to achieve those
ends. In granting an exception the Health Officer may specify conditions and
restrictions not generally specified by this chapter, and code exceptions
granted in accordance with this section shall be subject to review by the
Town Commissioners.
This code shall not affect violations of any other ordinance, code or
regulation of the municipality existing prior to the effective date hereof,
and any such violation shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of those ordinances, codes
or regulations in effect at the time the violation was committed.
