A.
In general. The County has the duty and responsibility
to enforce the provisions of this chapter.
B.
Interpretation. The County shall decide questions of
interpretation of this chapter.
C.
Waiver; in general.
(1)
The County may waive the requirements of this chapter,
in whole or in part, for a unit of rental housing if:
(a)
The property owner applies for a waiver;
(b)
A tenant of the unit receives adequate notice in a form
and manner specified by the County;
(c)
The tenant is afforded an opportunity to comment on the
application, either in writing or in person; and
(d)
The waiver would not threaten the health or safety of
a tenant.
(2)
The County may grant a waiver based on the religious
practices of an occupant of a unit of rental housing.
D.
Grounds for waiver. The County may waive or vary particular
provisions of this chapter to the extent that the waiver is not inconsistent
with the state Minimum Livability Code adopted under Article 83B, § 6-103
of the Annotated Code of Maryland, if:
E.
Displacement. A person may not be displaced by enforcement
of this chapter unless alternate housing of comparable affordability is available
within a reasonable distance of the vacated premises.
F.
Effect on state laws. Enforcement and waiver application
are not intended to supersede:
B.
Notices and orders. The Code Official shall issue each
notice and order necessary to ensure compliance with this chapter.
C.
Inspections. The Code Official may enter a structure
or premises to inspect or perform duties under this chapter at any reasonable
time after providing reasonable notice to the property owner and tenant.
D.
Information. The Code Official may collect and disseminate
information concerning techniques of maintenance, repair, and sanitation in
housing.
E.
Alterations and repairs.
(1)
The Code Official may require and approve alterations
or repairs necessary to bring a structure or premises into compliance with
this chapter. The determination of what may be necessary to bring the premises
into compliance shall take into consideration the use of alternatives and
equivalent approaches, as provided for in this chapter.
(2)
The Code Official may approve changes in alterations
or repairs in the field when conditions are encountered that make the originally
approved work impractical if the changes in approved work can readily be determined
to be in compliance with this chapter and are requested by the property owner
or an agent of the owner before the changes.
(3)
The property owner or the property owner's agent shall
document the changes specifically, describing the change in work and the reasons
and justification for the change. The documentation shall be filed with the
permit for the project.
F.
Right of entry. If a property owner, tenant, or operator
of a structure refuses, impedes, inhibits, interferes with, restricts, or
obstructs entry or free access to any part of the structure or premises where
inspection authorized by this chapter is sought, the County may seek, in a
court of competent jurisdiction, an order that the property owner, tenant,
or operator cease and desist from the interference.
G.
Access by property owner or operator. A tenant of a structure
or premises shall give the property owner or operator, or agent or employee
of the owner or operator, access to the structure or its premises at reasonable
times upon receiving reasonable notice for the purpose of making an inspection
or performing maintenance, repairs, or alterations as necessary to comply
with the provisions of this chapter.
H.
Credentials. The Code Official shall disclose the Code
Official's credentials for the purpose of inspecting a structure or premises.
I.
Coordination of enforcement.
(1)
The Code Official is responsible for the inspection of
structures and premises and the issuance and enforcement of notices and orders.
(2)
When a Code Official initiating an inspection of a premises
under this chapter becomes aware that another governmental official or agency
will inspect the premises, the Code Official shall make a reasonable effort
to coordinate the inspections to minimize the number of visits by inspectors.
(3)
The Code Official shall confer with the other governmental
official or agency to eliminate conflicting orders before the orders are issued.
(4)
The Code Official, however, may not delay the issuance
of emergency orders by a governmental official or agency that the official
or agency determines must be issued.
J.
Rule making authority. The County shall have power as
necessary in the interest of public safety, health, and general welfare to
adopt regulations to interpret and implement the provisions of this chapter.
