The International Property Maintenance Code 2015, as published by the International Code Council, Inc., Chapters 1 through 8, copies of which are on file with the Department of Planning of the City of Havre de Grace, is hereby adopted by the Mayor and City Council of the City of Havre de Grace, Maryland, for the purpose of protecting the health, safety and welfare of the citizens of the City of Havre de Grace.
The International Property Maintenance Code 2015 shall be adopted with the following amendments:
The name of the jurisdiction in the second line of Section 101.1, Title, on page 1 of the International Property Maintenance Code 2015 shall be "the City of Havre de Grace, Maryland."
Section 102.3, Application of other codes, shall read: "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code 2015, the International Residential Code 2015, the City of Havre de Grace Zoning Ordinance, and applicable codes of Harford County, Maryland, and the State of Maryland."
Section 103.1, General, shall read: "The Director of the Department of Planning or the Director's designee to be known as the Code Official is hereby designated as the administrative official in charge of the implementation and enforcement of the International Property Maintenance Code 2015."
Section 103.2, Appointment, shall be deleted.
Section 103.3, Deputies, shall be deleted.
Section 103.5, Fees, shall read: "The fees for activities and services performed by the Department in carrying out its responsibilities under the International Property Maintenance Code 2015 shall be based upon the valuation of staff time required to complete plan and permit examinations, site inspections and enforcement activity and shall be established by the Mayor and City Council from time to time."
Section 104.6, Department records, shall read: "An official record shall be kept of all business and activities of the Department specified in the provisions of the International Property Maintenance Code 2015, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity, confidentiality, and security of such records."
New Section 104.7, Restriction of employees, shall be added as follows: "An official or employee connected with the Department of Planning shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Department."
Section 106.3, Prosecution of violation, shall read:
Any person who shall be adjudged to have (1) violated any of the provisions of this ordinance; or (2) failed to comply herewith or permitted or maintained such a violation; or (3) violated or failed to comply with any order made hereunder; or (4) built in violation of any details, statements, specifications or plans submitted or approved hereunder; or (5) failed to operate in accordance with the provisions of any certificate, permit, or approval issued hereunder shall, severally for each violation and noncompliance respectively, be guilty of a municipal infraction, for which a fine not to exceed $1,000 may be imposed for each such infraction, payable to the City of Havre de Grace, with costs imposed in the discretion of the court. Each day that an infraction continues after notice has been served shall be deemed a separate infraction. The imposition of a fine for any violation shall not excuse the violation, nor shall the violation be permitted to continue. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
Any person who shall be convicted of willfully (1) violating any of the provisions of this ordinance; or (2) failing to comply herewith or permitting or maintaining such a violation; or (3) violating or failing to comply with any order made hereunder; or (4) building in violation of any details, statements, specifications or plans submitted or approved hereunder; or (5) failing to operate in accordance with the provisions of any certificate, permit, or approval issued hereunder shall, severally for each violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 and imprisonment not exceeding 90 days for each violation, with costs imposed in the discretion of the court. Each day that a violation continues after notice has been served shall be deemed a separate offense. The imposition of punishment for any violation shall not excuse the violation, nor shall the violation be permitted to continue. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
Any order or notice issued or served as provided in this ordinance shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains. Every order or notice shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property, immediate compliance shall be required. 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.
In addition to the other provisions set out in this ordinance, the City of Havre de Grace may institute injunctive, declaratory or any other appropriate action or proceedings at law or equity for the enforcement of this ordinance or to correct violations of the International Property Maintenance Code 2015, and any court of competent jurisdiction has the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.
All provisions of Article 23A, Section 3, of the Annotated Code of Maryland relating to municipal infractions are incorporated in this chapter. In the event of any inconsistency between this Section 106.3 and Article 23A, Section 3, the provisions in Article 23A, Section 3, shall prevail.
Section 106.4, Violation penalties, shall be deleted.
Section 106.5, Abatement of violation: Add a second sentence which shall read as follows: "Any costs associated with any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and may be recovered as a lien upon such real estate."
Section 107.2: At the end of the section, the following exception shall be added: "Exception: Notice of violations requiring immediate attention will be conspicuously posted on the premises and allow five days to abate the violations. Such notice shall be used for overgrown grass and/or weeds, untagged or unregistered vehicles, trash and rubbish removal, snow removal, or other violations."
Section 107.3: Add the following to Item 1: "or conspicuously posted on the premises as outlined in the Exception under Section 107.2."
Section 107.5, Penalties: Refer to Sections 106.3 and 106.5 in this code.
Sections 111.2 through 111.8 are deleted (see City of Havre de Grace Board of Appeals Ordinance).
Section 112.1, Authority, shall read: "Whenever the Code Official finds any work regulated by this code, or other building codes adopted by the local jurisdiction, being performed in a manner contrary to the provisions of these codes, or in a dangerous or unsafe manner, the Code Official is authorized to issue a stop-work order.
Section 112.4, Failure to comply: In the last line, insert "$100" and "$1,000" as the range of fine amounts.
Section 201.4: At the end of the section, the following language shall be added: "or as is interpreted by the Director of Planning or Code Official."
Section 202, General Definitions, shall have added to it these additional definitions as follows:
JUNK YARD. Any land or building licensed and used for abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap, discarded materials or junk for the purpose of abandonment, demolition, dismantling, storage, recycling or salvaging. Proper business licensing required.
OPEN STORAGE AREAS. Property areas used for storage of materials that are related to the occupation of the property owner and/or lessee.
SALVAGE YARDS. Property area upon which any person or business stores three or more wrecked vehicles outdoors for the purpose of dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. Any auto salvage business must be properly licensed.
SURFACE COAT. All exterior siding and millwork shall be scraped to a sound base and sanded smooth. Scraped and sanded areas shall have joints and cracks filled and shall be primed with exterior primer paint. Following this preparation, all exterior siding and millwork shall be painted with two coats of exterior quality paint.
New Section 301.3.1, Vacant structure maintenance, shall be added to read as follows: "All land or improved premises within the City shall be maintained as though said property were being used or occupied. Once vacated or abandoned, the exterior of any structure and surrounding premises must be maintained to the minimum standards required by this code. Except for any structure damaged by fire, flood or natural disaster, the City shall be notified prior to any boarding of windows and doors to secure the structure. Any boarding shall be done in a professional manner, and the materials used shall conform to the overall exterior appearance of the structure. Said structure, except for historic structures as defined by the City, shall be made habitable within three months, or the structure shall be considered in an unsafe condition and subject to the provisions of this chapter. The Code Official shall have the authority to allow a structure damaged by fire, flood or any natural disaster to remain boarded and secure for a period of one year, at which such time the structure shall be made habitable or said structure shall be considered in an unsafe condition and subject to the provisions of this chapter."
New Section 302.2.1, Drainage, general, shall be added as follows: "Stormwater, sump pumps, sanitary systems, and other water-supplied appliances shall not discharge in a manner that is detrimental to neighboring properties or creates a public nuisance."
Section 302.3, Sidewalks and driveways: Add the following section at the end of the paragraph: "It shall be unlawful for any person, incorporated body, public institution or other corporation using or occupying in any manner, or for any purpose whatsoever, any house, store, shop, stable, or tenement of any kind, persons having charge of churches and public buildings of every description and of owners of unoccupied houses and unimproved lots, situated on any street in this City, to fail to remove and clear away, or cause to be removed and cleared away, the snow/ice from the foot pavements fronting the respective houses, stores, shops, stables, churches, buildings or lots so used, occupied or owned by them or under their charge within 24 hours after the end of any weather event resulting in snow or ice." (See City Code § 190-38.)
Section 302.4, Weeds: Add the language "10" after the words "in excess of" in the second line. Add the following after the third sentence: "Trees and shrubs located on private property shall not create a nuisance, shall not create a safety hazard to, and shall not impose on public safety or interfere with any structure on the subject premises or adjoining properties or public utilities. When any lot, lots, parcels or tracts of land abut on any public street, avenue, alley, lane, sidewalk or other public right-of-way, the owner, occupant, lessor, lessee, tenant and/or any person, firm or corporation in control of such lot, lots, parcels or tracts of land shall be required to maintain so much of the public right-of-way as lies between the curbline/surfaced edge of the right-of-way and property lines of such lots, parcels or tracts of land as are occupied by or used by such owner, occupant, lessor, lessee, tenant and/or any person, firm or corporation in control thereof. This shall include maintenance to the center line of the unimproved alley by all owners of any abutting lots, parcels or tracts of land."
Section 302.7, Accessory structures, shall read: "All accessory structures, including but not limited to detached garages, storage buildings, fences and walls, shall be maintained structurally sound and in good repair. Fences and walls shall be erected such that a finished side of the structure faces outward from the property on which it is constructed."
Section 302.8, Motor vehicles, is amended by adding the following to the end of the section: "One unregistered but otherwise operative vehicle and/or trailer, not within a building, is permitted to be stored on the premises."
New Section 302.10, Storage of junk, appliances and furniture, shall be added as follows: "It shall be unlawful for any owner, occupant, lessor, lessee, tenant and/or person, firm or corporation in control of any lot, lots, parcels or tracts of land within the City to permit any junk, trash, refuse, debris, piled brush and branches, unused construction materials, garbage, or rubbish; abandoned or inoperable bicycles, boats, boat trailers, mopeds or motor vehicles and vehicle parts, i.e., batteries, tires, fenders, rims, etc., or abandoned appliances, equipment or furniture to remain on any such lot, lots, parcels or tracts of land if such materials or items are dangerous or detrimental to the adjoining properties or the public health and safety and welfare of the citizens of the City or are the nesting place of vermin."
Section 304.1, General, shall read: "The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to create a public nuisance or be detrimental to adjoining properties, or pose a threat to the public health, safety or welfare."
Section 304.3, Premises identification, shall have the following added to the end of the section: "in the case of structures with accessory apartments, all apartments with side or rear entrances, or multiple front entrances, must be clearly identified with their apartment number or letter, in addition to the premises address.
Section 304.14: The dates in the first line shall be "April 1" and "November 1," respectively.
New Section 304.20, Storage areas, shall be added as follows: "All open salvage yards and open storage areas shall be continuously completely obscured from surrounding property by a screened fence approved by the Director not less than eight feet and not more than 10 feet in height and/or approved landscaping."
Section 307.1, General, shall read: "Handrails and guards shall comply with applicable subsections of the 2015 International Residential Code, Sections R311 and R312."
Section 602.3: The dates in the fifth line shall be "September 15" and "May 31," respectively.
Section 602.4: The dates in the third line shall be "September 15" and "May 31," respectively.
Chapter 8: Replace the following stated codes and substitute as follows:
National Electrical Code — Harford County Electrical Code.
International Fire Code — NFPA 101 and NFPA 1.
International Plumbing Code — Harford County Plumbing Code.
International Zoning Code — City of Havre de Grace Zoning Ordinance.
International Fuel Gas Code — Harford County Plumbing Code.
Nothing in this article or in the International Property Maintenance Code 2015 hereby adopted shall be construed to affect any existing suit or proceeding pending in any court, or any vested rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed, and any amendments thereto; nor shall any preexisting legal right or remedy of any character be lost, impaired or affected merely by the passage of this article.