City of New Carrollton, MD
Prince George's County
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[HISTORY: Adopted by the City Council of the City of New Carrollton 11-2-1988 (Ch. 13 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 41.
Fire prevention — See Ch. 60.
Rental property — See Ch. 89.
Unauthorized vehicles — See Ch. 114.
Storage of vehicles — See Ch. 118.
[Amended 5-18-2016 by Ord. No. 16-09]
The purpose of this chapter is to protect the health, safety and welfare of the general public, in addition to the health, safety and welfare of the residents of the City, by:
A. 
Establishing minimum requirements and standards for premises, structures and dwelling units, including but not limited to basic equipment and facilities for light, ventilation, space, heating and sanitation, protection from the elements, life safety, safety from fire and other hazards, for space, use and location, for safe and sanitary maintenance and for cooking equipment in all dwelling units in the City.
B. 
Establishing the responsibilities of owners, operators and occupants of existing and future premises, structures and dwelling units in the City.
C. 
Providing for the administration and enforcement of this chapter and establishing penalties for violations of this chapter.
[Amended 5-18-2016 by Ord. No. 16-09]
The provisions of this chapter shall apply to all existing residential and nonresidential structures and premises and shall constitute the minimum requirements and standards for property and buildings to be used for human occupancy. Every building or structure constructed for the purpose of human occupancy and the premises on which it stands shall comply with the conditions herein prescribed as they may apply thereto.
[Amended 11-20-2007 by Ord. No. 07-16; 11-3-2010 by Ord. No. 11-04; 5-18-2016 by Ord. No. 16-09]
The Housing Code for Prince George's County, Maryland, as that term is defined in Prince George's County Code, Sec. 13-101, "Housing Code adoption," as amended from time to time, is the official housing and property maintenance code of the City of New Carrollton. All of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Prince George's County Code, Sec. 13-105 et seq., and this chapter.
[1]
Editor’s Note: Former § 71-3, Definitions, was repealed 5-18-2016 by Ord. No. 16-09. The ordinance also renumbered former §§ 71-4 through 71-11 as §§ 71-3 through 71-10, respectively.
[Added 11-3-2010 by Ord. No. 11-04; amended 5-18-2016 by Ord. No. 16-09]
Any provision of the International Property Maintenance Code adopted by this chapter shall be changed, modified, deleted, or added to as set out in this chapter, and such change, amendment, deletion or addition shall be deemed to supersede the text of these codes in any case where the provisions of this chapter are interpreted.
[Added 11-3-2010 by Ord. No. 11-04]
The following, amendments, deletions and/or additions are made to Section 202, General Definitions, of the International Property Code:
A. 
The definitions of the following terms are hereby deleted: exterior property and rubbish.
B. 
The following definitions are here adopted in lieu of the definitions deleted in Subsection A.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises. Exterior property includes front yards, side yards and backyards.
[Amended 5-18-2016 by Ord. No. 16-09]
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cloth, laundry, bedding material, mattresses, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust, any materials which may or could result in infestation by rats or other vermin, including but not limited to yard waste, or any other material that attracts vermin infestation, and other similar materials.
C. 
The following definitions are hereby adopted as added.
ADMINISTRATIVE OFFICER
The Administrative Officer of the City of New Carrollton.
[Added 5-18-2016 by Ord. No. 16-09]
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the City of New Carrollton.
[Added 5-18-2016 by Ord. No. 16-09]
PUBLIC NUISANCE
For purposes of this section:
[Amended 5-18-2016 by Ord. No. 16-09]
(1) 
Any conduct or condition that is in violation of federal, state, county or city law or ordinance, or any public nuisance known at common law, and which continues after notice to cease given to the owner or tenant of any property in the City. Conduct or a condition that continues or is constant for any period of time after notice may be deemed a nuisance hereunder. Notice can be any order issued by the Fire Marshal, Code Enforcement Officer, or any recognized law enforcement officer from any level of government that pertains to unlawful activity in the premises or on the property;
(2) 
Any physical condition or use of any premises or its appurtenances which may reasonably invite or encourage trespassing and resulting in injury to trespassers or others, or which may prove detrimental to the health and safety of children. This includes, but is not limited to, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsafe fences or structures, trash, debris or vegetation, such as poison ivy, oak or sumac; or
(3) 
Any physical condition dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists, including conditions arising from the accumulation of garbage, rubbish, or solid waste or the presence of stagnant water or combustible material.
SOLID WASTE
All waste, materials, debris, except garbage or rubbish, including, but not limited to: debris from construction, machinery, containers, tires, automotive parts, building material or equipment, appliances, furniture and recreational equipment, any or all of which is in a state of disrepair or is malfunctioning, inoperative, rusted or broken, except where such items are awaiting removal.
[Added 11-3-2010 by Ord. No. 11-04; amended 5-18-2016 by Ord. No. 16-09]
Subsection 302.1 is amended to read as follows: Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of litter, garbage, rubbish or solid waste. This section shall not be applicable to properly maintained compost piles.
[Added 11-3-2010 by Ord. No. 11-04; amended 5-18-2016 by Ord. No. 16-09]
Subsection 302.10 is added to read as follows: Open storage and nuisance prohibited. All exterior property and premises shall be maintained so as to prevent the creation of a public nuisance as defined in this Code. An owner or occupant of any premises may not permit the accumulation of garbage, rubbish, solid waste, bathroom or kitchen fixtures, other fixtures, household appliances, glass, furniture, tires, automotive parts, building materials or equipment, or other similar items or materials, or residue therefrom, on exterior property, except for gardening tools and equipment normally used by the owner or occupant that are in working condition, if the accumulation may create a health, accident or safety hazard, or if it accumulated in a manner that may cause or permit any part of the garbage, rubbish, solid waste or bathroom or kitchen fixtures, other fixtures, household appliances, glass, furniture, tires, automotive parts, building materials or equipment, or other similar items or materials, or residue therefrom, to be carried or deposited by the elements onto any other property.
[Added 3-16-2016 by Ord. No. 16-06]
All dwelling units with a fossil-fuel-burning heater or appliance, a gas or wood-burning fireplace, or an attached garage, shall be equipped with operational carbon monoxide detectors with alarms located within ten (10) feet of each sleeping area and on each level of the home. No person shall occupy as owner-occupant, or shall let to another for occupancy, any dwelling, or portion thereof, which does not have a functional carbon monoxide detector as required herein.
[Added 11-3-2010 by Ord. No. 11-04]
Subsection 302.11 is added to read as follows:
A. 
Violations. Any violations of Subsection 302.1 and/or 302.10. Upon complaint to the City that a condition exists prohibited by the foregoing section, the Mayor or his/her designee shall notify the owner or occupants of the property to remedy the condition within five days after receipt of such notice, and, upon failure to comply with such notice, the city shall employ a person to have the work done who shall have the right of entering the premises for the purpose, except when a timely appeal is filed, and the cost thereof shall be assessed against the property owner by the city, and if the cost thereof as so assessed shall not be paid by the property owner before the city levy is made next following the time such work is done, said assessment shall be included as a charge against the property and shall become a lien and due and payable with other taxes levied against said property at said time. A violation of this section is a municipal infraction, and each day a violation exists shall be considered a separate infraction If the property is rental property, the City may revoke the rental license. All appeals of correction orders shall be as outlined below.
B. 
Appeals. Any person who receives a violation notice which had been issued in connection with the enforcement of Subsections 302.1 and/or 302.10 may file an appeal, except in instances involving an immediate health hazard, within five days to the City Administrative Officer, who shall grant or deny in whole or in part any appeal within five days. Further appeal may be made no later than five days to the Board of Appeals for the City of New Carrollton, provided that such person shall, within five days after receipt of the decision of the City Administrative Officer, file with the Board a signed, written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefore. Upon receipt of such notice of appeal, the Board shall set a time and place for such a hearing and shall determine appeals as promptly as practicable. The Board shall hear the appeals. After such hearing, the Board may, with a majority of members present affirm, amend, modify or withdraw the notice of violation that has been appealed. The decision of the Board shall, in all cases, be final, except that any party directly aggrieved by a decision may within five days after the rendering of such decision file an appeal to the Circuit Court for Prince George's County. Said appeals shall be in accordance with the Maryland Rules. During the appeal, any rental licenses shall be considered revoked, and the City may make action necessary to enforce such revocation. If no license is involved, the conduct declared a nuisance shall cease until all appeals have been exhausted.
C. 
Immediate health hazards. Where an immediate health hazard is involved, the violation shall be abated immediately by the City, and the owner or occupant shall have no right to an appeal. An immediate health hazard is a health hazard situation, either natural or manufactured, that is maintained on exterior property areas, that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken, and includes an uninhabitable building, lack of water, and rat and/or rodent infestation.
(1) 
The most of abatement shall be assessed against the property owner by the city, and if the cost thereof as so assess shall not be paid by the property owner before the city levy is made next following the time such work is done, said assessment shall be included as a charge against the property and shall become a lien and due and payable with other taxes levied against said property at said time.
(2) 
Charges for remedying the condition aforesaid shall also be a lien upon the premises. Whenever a bill for charges remains unpaid for 30 days after it has been rendered, the Mayor or his or her designee may file with the Recorder of Deeds of Prince George's County a statement of lien claim. The statement shall contain a legal description of the premises, the expense and costs incurred and the date the condition was remedied and a notice that the city claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises at his or her last known address as shown on the tax rolls of the city; provided, however, that failure of the Clerk to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for such charges as provided herein or in the applicable laws of the State of Maryland relating to tax sales.
(3) 
Property subject to a lien herein may be sold for nonpayment of the same in accordance with the applicable provisions of Maryland law relating to tax sales.
A. 
Notice. Whenever the Code Enforcement Officer determines that there has been or is a violation of the provisions of this chapter, he or she shall give notice to the owner of the property. Such notice shall:
(1) 
Be in writing.
(2) 
Include the name and address of the property owner.
[Added 5-18-2016 by Ord. No. 16-09[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(2) through A(4) as Subsection A(3) through (5), respectively.
(3) 
Include a description of the real estate sufficient for identification.
[Amended 5-18-2016 by Ord. No. 16-09]
(4) 
Include a statement of the reason or reasons why it is being issued, including the section of the City Code that has been violated.
[Amended 5-18-2016 by Ord. No. 16-09]
(5) 
Include a statement as to the action required to correct the violation and state the time to correct the condition.
[Amended 5-18-2016 by Ord. No. 16-09]
(6) 
Contain the Enforcement Officer's certification:
[Added 5-18-2016 by Ord. No. 16-09]
(a) 
Attesting to the truth of the matter set forth in the citation; or
(b) 
That the citation is based on an affidavit.
B. 
Serving notice. Notice shall be served as follows:
(1) 
By delivery to the owner personally or by affixing a copy of the notice on the property being cited; or
[Amended 6-17-1998 by Ord. No. 98-04]
(2) 
By depositing the notice in the United States Post Office addressed to the owner at his or her last known address, certified mail, return receipt requested, with postage paid thereon.
This chapter shall not affect violations of any other ordinance, code or regulation of the city 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.
[1]
Editor’s Note: Former §§ 71-12, Housing Review Board; appeal procedures and hearings; failure to abide by decision, as amended, was repealed 5-18-2016 by Ord. No. 16-09. This ordinance also renumbered former §§ 71-13 and 71-14 as §§ 71-11 and 71-12, respectively.
[Amended 6-17-1998 by Ord. No. 98-04]
It shall be unlawful for any person or persons, firm or corporation to violate any of these sections, which are hereby declared by the City Council to be municipal infractions, subject to the provisions of § 1-21A of this Code. Each day a violation continues after initial notice shall constitute a separate or repeat offense.