City of College Park, MD Chapter 125 Housing Regulations

[HISTORY: Adopted by the Mayor and Council of the City of College Park as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Housing Authority — See Ch. 11, Art. I.

Code of Ethics — See Ch. 38.

Building construction — See Ch. 87.

Electrical standards — See Ch. 107.

Refuse, solid waste, yard waste and special trash — See Ch. 119.

Nuisances — See Ch. 141.

Occupancy permits — See Ch. 144.

Plumbing standards — See Ch. 154.

Property maintenance — See Ch. 157.

Article I General Provisions

[Adopted 8-25-1964 by Ord. No. 64-O-4]

§ 125-1 Definitions; word usage.

A. The following definitions shall apply in the interpretation and enforcement of this article:

BASEMENT

Any portion of a building located wholly or partially underground having any portion or all of its clear floor-to-ceiling height below the average grade of the adjoining ground.

[Amended 3-10-1981 by Ord. No. 81-O-3]

BOCA

Building Officials and Code Administrators International, Incorporated, Basic Building Code, as amended from time to time.

[Added 10-11-1977 by Ord. No. 77-O-8; amended 9-10-1991 by Ord. No. 91-O-22]

CODE ENFORCEMENT OFFICER

A City employee or agent working in or in conjunction with the Public Services Department to enforce the City's Code, Chapter 125.

[Added 9-10-1991 by Ord. No. 91-O-22]

COMMERCIAL ITEMS

Items stored or intended for use in connection with a commercial enterprise.

[Added 5-23-2000 by Ord. No. 00-O-6]

DORMITORY

A building or space in a building in which group sleeping accommodations are provided for more than 16 persons who are not members of the same family in one room or a series of closely associated rooms under joint occupancy and single management, with or without meals, but without individual cooking facilities.

[Added 5-13-2003 by Ord. No. 03-O-1]

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing, as hereinafter defined, shall not be regarded as a "dwelling."

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating.

EXTERMINATION

The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the Code Enforcement Officer.

[Amended 9-10-1991 by Ord. No. 91-O-22]

FRATERNITY AND/OR SORORITY HOUSE

Any building used as a dwelling and occupied by and maintained exclusively or primarily for college, university, or professional school students who are affiliated with a social, honorary, or professional organization recognized currently or in the past by the University of Maryland.

[Added 10-24-1967 by Ord. No. 67-O-7; amended 10-8-2002 by Ord. No. 02-O-4]

GARBAGE

The animal and vegetable waste resulting from the handling, preparing, cooking and serving of food, exclusive of recognized industrial by-products and human and animal feces.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces, recreation rooms, workshops and other rooms used only occasionally.

HOUSEHOLD ITEMS

Items intended for use within a dwelling, including but not limited to clothing, storage boxes containing household goods, appliances, television sets, entertainment intended for indoor use and household cleaning materials.

[Added 5-23-2000 by Ord. No. 00-O-6]

HOUSING OFFICER

[Amended 10-11-1977 by Ord. No. 77-O-8; repealed 9-10-1991 by Ord. No. 91-O-22]

INFESTATION

The presence, within or around a dwelling, of insects, rodents or other pests.

MULTIPLE DWELLING

Any dwelling containing more than two dwelling units.

NATURALIZED OR NATIVE MANAGED LANDSCAPES

On any residential or commercial property, a landscape where any trees, shrubbery, ground cover, flowers, and ornamental grasses are cultivated or managed such that the growth does not encroach on adjacent properties, sidewalks, or curbs. The landscape may not include turf grass, unless grown to the height allowed in this code or noxious weeds and plantings that are a hazard to public health.

[Added 5-22-2018 by Ord. No. 18-O-05]

OCCUPANT

Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care or control of a building or part thereof in which dwelling units or rooming units are let.

ORDINARY MINIMUM WINTER CONDITIONS

The temperature 15° F. above the lowest recorded temperature for the previous ten-year period.

OWNER

Any person who, alone or jointly or severally with others:

(1) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of the rules and regulations adopted pursuant thereto to the same extent as if he/she were the owner.

PERSON

Includes any individual, firm, corporation, association or partnership.

PLUMBING

Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

ROOMING HOUSE

Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. Nonprofit organizations shall be deemed, for the purpose of compliance with this article, the same as "rooming houses" if an association, group or corporation lets space to members of the association, group or corporation who are not related directly by blood or marriage as outlined above.

[Amended 11-23-1965 by Ord. No. 65-O-5; 5-23-2000 by Ord. No. 00-O-6]

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

RUBBISH

All combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.

SINGLE-FAMILY RENTAL UNIT

Any single-family dwelling occupied by a person or persons under a written or oral arrangement who are not the owners of the single-family dwelling.

[Added 6-20-2000 by Ord. No. 00-O-9]

SLEEPING ROOM

A room or enclosed floor space with adequate light, heat and ventilation intended for sleeping, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, living rooms, kitchens, dining rooms, closets and storage spaces, recreational rooms, workshops or porches, enclosed or otherwise.

[Added 8-14-1991 by Ord. No. 91-O-15]

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

B. Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" and "premises" are used in this article, they are construed as though they were followed by the words "or any part thereof."

§ 125-2 Inspections.

[Amended 9-10-1991 by Ord. No. 91-O-22; 3-24-1992 by Ord. No. 92-O-1]

The Public Services Department is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within this City of College Park, Maryland, in order that it may perform its duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Code Enforcement Officer is hereby authorized, upon presentation of proper credentials, to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Code Enforcement Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his/her agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article. In the event of a direct complaint from a tenant to the City concerning an alleged Housing Code violation, the Department of Public Services shall inspect the premises.

§ 125-3 Notification of violation.

A. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:

[Amended 9-10-1991 by Ord. No. 91-O-22; 5-23-2000 by Ord. No. 00-O-6]

(1) Be put in writing.

(2) Include a statement of the reasons why it is being issued.

(3) Allow a reasonable time for the performance of any act it requires.

(4) Be served upon the owner or his/her agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him/her personally or if a copy thereof is sent by regular mail to his/her last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he/she is served with such notice by any other method authorized or required under the laws of this state.

[Amended 10-25-2005 by Ord. No. 05-O-11]

B. Such notice may contain:

(1) An outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto.

[Amended 5-23-2000 by Ord. No. 00-O-6]

(2) The requirement that the violation must be fully corrected within 30 days from the date of the notice and that, in the event that he/she fails to do so within the thirty-day period, a second notice shall be sent to him/her advising him/her of the imposition of a charge as set forth in Chapter 110, Fees and Penalties, payable to the City. In the event that the violation is not fully corrected within 30 days after this second notice, a third notice shall be sent advising him/her of the imposition of a further charge as set forth in Chapter 110, Fees and Penalties. Each additional 30 days that this violation exists will constitute an additional charge as set forth in Chapter 110, Fees and Penalties.

[Added 10-11-1977 by Ord. No. 77-O-8; amended 3-11-1980 by Ord. No. 80-O-4; 10-14-1980 by Ord. No. 80-O-13; 3-24-1987 by Ord. No. 87-O-1; 12-10-1991 by Ord. No. 91-O-24]

(3) The requirement that the violation must be fully corrected within 10 days from the date of the notice and that, in the event that he/she fails to do so within the ten-day period, a citation shall be delivered to him/her in accordance with the provisions of § C8-3 of the City Charter and Article 23A, § 3(b)(2), of the Annotated Code of Maryland, advising him/her of the imposition of a fine as set forth in Chapter 110, Fees and Penalties, payable to the City. In the event that he/she elects not to stand trial for the violation and the violation is not fully corrected within the following ten-day period, a second citation shall be delivered to him/her in accordance with the same provisions advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties. Each successive ten-day period in which he/she elects not to stand trial for the violation and the violation is not fully corrected, an additional citation shall be delivered to him/her advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties.

[Added 3-11-1980 by Ord. No. 80-O-4; amended 3-24-1987 by Ord. No. 87-O-1; 9-10-1991 by Ord. No. 91-O-22; 12-20-1991 by Ord. No. 91-O-24]

(4) The requirement that the violation must be fully corrected within 24 hours from the date and time of the notice and that, in the event he/she fails to do so within the twenty-four-hour period, a citation shall be delivered to him/her in accordance with the provisions of § C8-3 of the City Charter and Article 23A of the Annotated Code of Maryland, advising him/her of the imposition of a fine as set forth in Chapter 110, Fees and Penalties, payable to the City. In the event that he/she elects not to stand trial for the violation and the violation is not fully corrected with the following twenty-four-hour period, a second citation shall be delivered to him/her in accordance with the same provisions advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties. For each successive twenty-four-hour period in which he/she elects not to stand trial for the violation and the violation is not fully corrected an additional citation shall be delivered to him/her advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties.

[Added 5-23-2000 by Ord. No. 00-O-6]

C. Whenever the Code Enforcement Officer determines that there has been a violation of § 125-10J, N or O, he/she shall give notice of such alleged violation to the person(s) responsible therefor as provided in Subsection A hereof. The notice shall provide, in addition to the requirements of Subsection A, the requirement that the violation must be fully corrected within the time stated therein; that in the event the violation is not corrected, a citation shall be issued and a fine imposed as set forth in Chapter 110, Fees and Penalties, of the Code of the City of College Park; and a statement that the notice constitutes the only notice which the person will receive regarding a violation of the applicable section for the twelve-month period following the date that the notice is issued, that no further notice will be issued for any repeat violation during the twelve-month period following issuance of the notice, and that a citation shall issue immediately for any repeat violation during the period. In the event that there is a repeat violation of § 125-10J, N or O on the same property during the twelve-month period following the first violation, a notification of violation will not be issued and the fines for the repeat violation shall be as set forth in Chapter 110, Fees and Penalties.

[Added 3-11-1980 by Ord. No. 80-O-4; amended 12-10-1991 by Ord. No. 91-O-24; 1-23-1996 by Ord. No. 95-O-7; 1-13-1998 by Ord. No. 97-O-24; 3-24-1998 by Ord. No. 98-O-2; 7-10-2001 by Ord. No. 01-O-6; 10-25-2005 by Ord. No. 05-O-11; 3-22-2011 by Ord. No. 11-O-02]

D. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of § 125-10K or 125-10L, the officer shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided.

[Added 1-13-1998 by Ord. No. 97-O-24; amended 7-10-2001 by Ord. No. 01-O-6]

(1) Such notice shall:

(a) Be in writing;

(b) Include a statement of the reasons why it is being issued;

(c) Allow five days to remove the vehicle; and

(d) Be served upon the owner, the owner's agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served personally or if a copy thereof is sent by certified mail to the owner's or occupant's last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if the owner or occupant is served with such notice by any other method authorized or required under the laws of this state.

(2) Such notice shall contain the requirement that the violation must be fully corrected within five days from the date of the notice and that, in the event that the owner or occupant fails to do so within the five-day period, a citation shall be issued in accordance with the provisions of § C8-3 of the City Charter and Article 23a, § 3(b)(2), of the Annotated Code of Maryland, advising the owner or occupant of the imposition of a fine as set forth in Chapter 110, Fees and Penalties, payable to the City; and a statement that the notice constitutes the only notice which the person will receive regarding a violation of § 125-10K or 125-10L for the calendar year in which the notice is issued, that no further notice will be issued for any repeat violation during the calendar year and that a citation shall issue immediately for any repeat violation during the calendar year. In the event that there is a repeat violation of § 125-K or 125-10L on the same property during the same calendar year, the notification of violation will not be issued and the fines for the repeat violation shall be as set forth in Chapter 110, Fees and Penalties. Each successive five-day period which the violation remains uncorrected shall constitute a violation of § 125-10L, and an additional citation shall be delivered advising of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties.

E. Public-nuisance-type violations adversely affecting the public and causing hazardous situations because of odor, safety or health may require expedited corrective action within four hours of notification to the offending or responsible party. Failure to take such corrective action shall result in the imposition of a fine as set forth in Chapter 110, Fees and Penalties, and the issuance of a citation in accordance with this chapter. If the City, because of the urgency of the hazardous violation uses City labor or material to correct the violation, the material and labor charges shall be assessed and shall be collectible as a tax lien against the property. In addition to the foregoing, the Public Services Department is authorized to seek injunctive relief when the situation so warrants.

[Added 11-10-2003 by Ord. No. 03-O-8]

F. Notwithstanding any other provision of this code, in the event that a tenant or other occupant fails or refuses to allow a Code Enforcement Officer access for an inspection as required in § 125-2, to obtain such access, the City shall follow the enforcement provisions set out in § 125-16B and shall acquire a warrant to obtain entrance into said premises.

[Added 9-14-2004 by Ord. No. 04-O-8]

§ 125-4 Appeals to Advisory Planning Commission.

[Amended 1-24-1967 by Ord. No. 66-O-14; 10-24-1967 by Ord. No. 67-O-7; 10-11-1977 by Ord. No. 77-O-8; 9-10-1985 by Ord. No. 85-O-6; 11-12-1985 by Ord. No. 85-O-8; 9-10-1991 by Ord. No. 91-O-22; 2-22-1994 by Ord. No. 94-O-1; 11-27-2001 by Ord. No. 01-O-7]

A. The Advisory Planning Commission shall hear appeals from alleged violations of the provisions of this chapter. All members of the Commission shall be entitled to vote, and its decisions shall be determined by a majority vote of the members present. A quorum of four members shall be required before the Commission may take any official action. All hearings of the Commission shall be open to the public, and a full and impartial hearing shall be granted on all appeals. The taking of testimony or evidence shall be conducted in open hearings; provided, however, the Commission may, in its sole discretion, recess/retire into closed session as part of its deliberative process, prior to announcing its decision or disposition. To be held, a closed session shall require a vote to do so by a majority of those members of the Commission present and voting. Minutes shall be kept recording the vote of those voting for and of those opposed to conducting a closed session. Minutes shall not be kept of the discussion conducted by the Commission while it is deliberating in closed session; however, the decision or disposition of the Commission relative to the subject matter of the hearing shall be voted upon publicly and recorded in the Commission's minutes. The Commission shall notify the appellant 30 days from the receipt of the appeal of the date on which the appeal will be scheduled for hearing by the Commission. Insofar as reasonably possible, all hearings shall be informal and free from technical rules and law and evidence. When voting on any question, the determination may be made by ballot, but no proxy shall be allowed at any time. The Commission shall keep minutes of its proceedings, and all findings, decisions and orders shall be reduced to writing and entered as a matter of public record in the office of the Public Services Department. In matters concerning the procedure for meetings not covered by this article or other regulation, the Commission may establish its own rules, provided that they are not contrary to the spirit of this article or chapter.

B. Any person affected by any notice or order which has been issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter by the Commission, provided that such person shall, within 10 days after service of a notice or order, file in the office of the Public Services Department a signed written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefor. Upon receipt of such notice of appeal, the Public Services Department shall forthwith notify the Commission and the Commission shall set a time and place for such hearing and shall give the person appealing and the Code Enforcement Officer involved notice thereof. The Commission shall determine such appeals as promptly as practicable.

C. Decision of Commission; waiver.

[Amended 11-10-2003 by Ord. No. 03-O-8]

(1) After such hearing the Commission may affirm, amend, modify or withdraw the notice, action, or order appealed from. The decision of the Commission shall constitute an order, and any person who shall fail, refuse or neglect to comply with any such order shall be guilty of violating the provisions of this article.

(2) The Commission may grant a waiver from the strict enforcement of the Housing Code if it finds that the health, safety and general welfare of the occupant or of the community are not impaired or endangered.

D. The decision of the Commission shall in all cases be final, except that any appellant or party directly aggrieved by a decision of the Commission may, provided that he/she does so within 30 days after the rendering of such decision, appeal to a court of record of competent jurisdiction for a further review, and the findings of fact of such Commission shall be conclusive, and such review shall be limited solely to errors of law and questions of constitutionality. The decision of the Commission in any case on appeal shall be stayed pending a decision by the court.

[Amended 11-10-2003 by Ord. No. 03-O-8]

E. Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the pubic health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately but, upon petition to the Public Services Department, shall be afforded a hearing as soon as possible. After such hearing, depending upon its finding as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Public Services Department shall continue such order in effect or modify it or revoke it.

[Amended 9-10-1991 by Ord. No. 91-O-22]

§ 125-5 Adoption of rules and regulations.

The Mayor and Council is hereby authorized to make and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this article, provided that such rules and regulations shall not be in conflict with the provisions of this article. Such rules and regulations shall have the same force and effect as the provisions of this article and the penalty for violation of the provisions of this article, as hereinafter provided.

§ 125-6 Basic equipment and facilities.

[Amended 5-10-1966 by Ord. No. 66-O-6; 2-27-1968 by Ord. No. 68-O-1; 9-23-1969 by Ord. No. 69-O-8; 10-11-1977 by Ord. No. 77-O-8; 9-10-1991 by Ord. No. 91-O-22; 5-23-2000 by Ord. No. 00-O-6]

No person shall occupy as owner-occupant or let to another for occupancy any dwelling, rooming or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:

A. Every dwelling unit shall contain a cooking stove, a refrigerator and a kitchen sink, all of which shall be in a clean and sanitary condition and operate safely and effectively. The kitchen sink shall be properly connected to a water and sewer system approved by the Public Services Department.

B. Every dwelling, and rooming or dwelling unit, shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Public Services Department.

C. Every dwelling, and rooming or dwelling unit, shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Public Services Department.

D. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of Subsections A, B and C of this section shall be properly connected with both hot and cold waterlines.

E. Every dwelling, and rooming or dwelling unit, shall be supplied with adequate rubbish storage facilities, the type and location of which are approved by the Public Services Department.

F. Every dwelling, and rooming or dwelling unit, shall have adequate garbage disposal facilities or garbage storage containers approved by the Public Services Department.

G. Every dwelling shall have supplied water-heating facilities which are properly installed in an approved manner, are maintained in safe and good working condition, are properly connected with the hot waterlines required under the provisions of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. at any time needed. Fixtures equipped with scald prevention valves shall be installed and adjusted to deliver water at a temperature of not more than 110° F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling, or rooming or dwelling unit, heating facilities required under the provisions of § 125-7E of this article are not in operation.

H. Every dwelling, and rooming or dwelling unit, shall have two separate, unobstructed means of egress leading to safe and open space at ground level as required by the laws of this state and this City. A single means of egress may be approved by the Public Services Department in cases of fireproof construction and other approved circumstances.

I. All exterior doors to every dwelling unit shall be provided with approved locking devices to provide security against unauthorized entry. Said locking devices on all exterior doors must include a deadbolt with not less than five-eighths inch minimum throw, with the deadbolt capable of being activated by key from the outside and by turn knob or other mechanism not requiring keys, tools or special knowledge from the inside. Door locks and the manner of installation shall be subject to the specific approval of the Public Services Director. Every exterior door, door hinge, door lock and door latch shall be maintained in functional condition. The requirements of this subsection apply to all existing dwelling units and dwelling units hereafter constructed in the City of College Park.

[Amended  11-10-2003 by Ord. No. 03-O-8]

§ 125-7 Light, ventilation and heating.

[Amended  5-10-1966 by Ord. No. 66-O-6; 10-11-1977 by Ord. No. 77-O-8;  9-10-1991 by Ord. No. 91-O-22;  5-23-2000 by Ord. No. 00-O-6]

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or rooming or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

A. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. Substitute lighting equivalent to BOCA standards may be approved by the Public Services Department. The burden of proving satisfactory lighting conditions shall rest upon the property owner.

B. Every habitable room shall have at least one window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation according to BOCA standards and approved by the Public Services Department. The burden of proving adequate ventilation shall rest upon the property owner.

C. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Public Services Department.

D. Where there is electric service available from powerlines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor- or wall-type electric convenience outlets or one such convenience outlet and one supplied ceiling-type electric light fixture, and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture, except when more outlets are required by § 125-22B(9) of this chapter. Every such outlet and fixture shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner.

E. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling, and rooming or dwelling unit, located therein to a temperature of at least 68° F., at a distance three feet above floor level, under ordinary minimum winter conditions. Failure to comply with the provisions of this subsection shall subject the owner to an immediate abatement/correction order.

F. Every public hall and stairway in every multiple dwelling containing five or more rooming or dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

G. From April 1 through October 31, every window and door leading directly to the outside from a rooming or dwelling unit shall have installed a screen and a self-closing device solely for protection against mosquitoes, flies and other insects. In the case of a dwelling or rooming or dwelling unit which has operable central air conditioning, the use of screens and/or screen doors is not mandatory.

H. Every basement window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entrance.

§ 125-8 Maintenance of dwellings.

[Amended   5-10-1966 by Ord. No. 66-O-6; 9-10-1991 by Ord. No. 91-O-22;  5-23-2000 by Ord. No. 00-O-6]

No person shall occupy as owner-occupant or let to another for occupancy any dwelling, or dwelling or rooming unit, for the purpose of living therein, which does not comply with the following requirements:

A. Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight and rodentproof, shall be capable of affording privacy and shall be kept in good repair. All roofs shall be covered with roofing shingles, tiles, or other materials designed for use as a permanent roofing surface.

[Amended 9-10-2013 by Ord. No. 13-O-09]

B. Every window, exterior door and basement hatchway shall be reasonably weathertight and rodentproof, and every window, exterior and interior door and basement hatchway shall be kept in sound working condition and good repair.

[Amended 11-10-2003 by Ord. No. 03-O-8]

C. Appurtenances.

(1) Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

(2) Every exterior appurtenance, including fences, and every accessory structure, including garages, shall be maintained in a structurally sound condition and in good repair.

D. Every plumbing fixture, including but not limited to water faucets and traps, shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.

E. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

F. Every supplied facility, piece of equipment or utility which is required under this article shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

G. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this article to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him/her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is necessary.

H. No owner shall occupy or let to any other occupant any vacant dwelling, or dwelling or rooming unit, unless it is clean, sanitary and fit for human occupancy.

I. Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any building or structure located thereon. No stagnant water may be allowed to accumulate or stand anywhere on or about the premises, or in any items or receptacles on the premises in which water has collected, and ruts or other uneven surfaces shall be graded to eliminate standing water. Water in swimming pools, wading pools and fish ponds shall not be allowed to stagnate and shall be maintained in a clean and sanitary condition at all times. Water from swimming or wading pools, sump pumps, or fish ponds shall not be drained in such a manner as to flow onto neighboring property, or onto sidewalks or driveway aprons in the public right-of-way, or to cause erosion. Every downspout or gutter shall be properly installed, free from leaks and obstructions, and kept in good repair. Any construction, grading, installation of impermeable surfaces such as patios, driveways, walkways or terraces or other paving, or the installation of any downspout or drain, which will alter the flow of water or drainage so as to have an adverse effect on abutting or nearby properties or onto the public right-of-way is prohibited. A notice of violation shall give the responsible party 10 days to correct the violation.

[Amended 1-23-2001 by Ord. No. 00-O-13; 11-10-2003 by Ord. No. 03-O-8; 6-14-2016 by Ord. No. 16-O-03]

§ 125-9 Space, use and location.

[Amended 5-10-1966 by Ord. No. 66-O-6; 9-10-1991 by Ord. No. 91-O-22; 5-23-2000 by Ord. No. 00-O-6]

No person shall occupy or let to another for occupancy any dwelling, or rooming or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

A. Every dwelling, or rooming or dwelling unit, shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.

B. In every dwelling, or rooming or dwelling unit, of two or more rooms, rooms occupied for sleeping purposes shall contain at least 70 square feet of floor space for the first occupant thereof, and at least 50 square feet of floor space for each additional occupant thereof. This section requires at least 120 square feet of floor area for two occupants of the same sleeping room, at least 170 square feet for three occupants, at least 220 square feet for four occupants, and at least 270 square feet for five occupants.

[Amended 11-10-2003 by Ord. No. 03-O-8]

C. No dwelling, or rooming or dwelling unit, containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

D. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

E. No basement space shall be used as a habitable room or dwelling unit unless:

(1) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.

(2) The total of window area in each room is equal to at least the minimum window area sizes as required in § 125-7A of this article.

(3) The total of openable-window area in each room is equal to at least the minimum as required under § 125-7B of this article, except where there is supplied some other device affording adequate ventilation and approved by the Code Enforcement Officer.

F. Every dwelling, or rooming or dwelling unit, shall provide clothes closet space on the basis of six square feet of such space with a height of five feet for each room used for sleeping. In addition, one other clothes closet of like size shall be provided elsewhere in the dwelling unit. Where separate closets are not possible, in either the sleeping rooms or elsewhere within the dwelling unit, a clothes closet or closets may be approved if located elsewhere in the structural unit at the discretion of the Code Enforcement Officer.

§ 125-10 Responsibilities of owners and occupants.

[Amended 6-13-1978 by Ord. No. 78-O-4; 3-11-1980 by Ord. No. 80-O-3; 3-11-1980 by Ord. No. 80-O-4; 9-11-1984 by Ord. No. 84-O-7; 9-11-1984 by Ord. No. 84-O-9; 9-25-1984 by Ord. No. 84-O-8; 2-25-1986 by Ord. No. 86-O-1; 5-9-1989 by Ord. No. 89-O-2; 9-8-1992 by Ord. No. 92-O-10; 4-27-1993 by Ord. No. 93-O-1; 6-11-1996 by Ord. No. 96-O-4; 5-13-1997 by Ord. No. 97-O-4; 1-13-1998 by Ord. No. 97-O-24; 5-23-2000 by Ord. No. 00-O-6; 7-10-2001 by Ord. No. 01-O-6; 11-10-2003 by Ord. No. 03-O-8; 11-10-2003 by Ord. No. 03-O-10; 11-23-2004 by Ord. No. 04-O-10; 10-25-2005 by Ord. No. 05-O-11; 6-12-2007 by Ord. No. 07-O-10; 3-22-2011 by Ord. No. 11-O-02; 4-12-2011 by Ord. No. 11-O-04; 5-22-2018 by Ord. No. 18-O-05; 4-8-2025 by Ord. No. 25-O-01]

A. Every owner of a dwelling containing two or more rooming or dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and the premises thereof.

B. Every occupant of a dwelling, or rooming or dwelling unit, shall keep in a clean and sanitary condition that part of the dwelling, rooming or dwelling unit and premises thereof which he/she occupies and controls.

C. Every occupant of a dwelling, or rooming or dwelling unit, shall dispose of all his/her rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 125-6E of this article.

D. Every occupant of a dwelling, or rooming or dwelling unit, shall dispose of all his/her garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner, by placing it in the garbage-disposal facilities or garbage-storage containers required by § 125-6F of this article. It shall be the responsibility of the owner to supply such facilities or containers for all rooming or dwelling units in a dwelling containing more than four rooming or dwelling units located on the premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.

E. Every occupant of a dwelling, or rooming or dwelling unit, shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this article or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such services.

F. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises, and every occupant of a rooming or dwelling unit in a dwelling containing more than one rooming or dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the rooming or dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more rooming or dwelling units, extermination thereof shall be the responsibility of the owner. The responsible party shall have 10 days from the date of notification to remedy any such infestation. Procedures for enforcement shall be as set forth in § 125-3B(3).

G. Every occupant of a rooming or dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

H. It shall be the responsibility of any property owner, renter, lessee, etc., who shall possess animals on the same premises to keep said animals in a reasonably sanitary condition and to ensure that any livestock of the same ownership be kept at least 50 feet from the dwelling of another.

I. It shall be unlawful for any person to park or allow to be parked or to store or allow to be stored any vehicle, of every kind and description, which is inoperable, dismantled, wrecked or not bearing current license plates upon residentially zoned property, property used for residential purposes or any other property not zoned for such storage within the corporate limits of the City of College Park for a period of time longer than 15 days after said vehicle became inoperative, dismantled, wrecked or without current license plates, unless said vehicle is stored in an enclosed garage.

J. It shall be unlawful for any property owner or occupant to allow any weeds, briars, brush, or dead or dying trees or tree limbs which constitute a hazard to person or property in the vicinity thereof, and turf grass more than one foot in height, other than garden and yard plantings or naturalized or native managed landscapes properly maintained by the owner or occupant, to accumulate or grow on any private property adjoining any of the streets, alleys or lanes and within 200 feet thereof in the City of College Park, or to be moved or displaced onto adjoining public or private property. The owner or occupant shall keep adjacent City streets, sidewalks and rights-of-way clear of all such obstructions. Any notice of violation issued by a Code Enforcement Officer for a violation of this subsection shall give the property owner, renter, lessee or other occupant 72 hours to correct the violation. Where a municipal infraction citation has been issued for a violation of this subsection, each seventy-two-hour period following the issuance of said citation during which the violation continues shall constitute a separate violation. Procedures for enforcement shall be as set forth in § 125-3C.

K. Driveway entrance. Any vehicle with four or more wheels or a self-propelled vehicle with three or more wheels entering any off-street parking space must do so via a dropped curb and a driveway entrance. Any vehicle otherwise traversing City property between the street and abutting private property to gain access to an off-street parking area may be cited for said violation and be subject to § 125-3D and the penalties set out in Chapter 110 of the College Park Code. Where a notice of violation is issued by a Code Enforcement Officer for a violation of this subsection, said notice shall give the property owner, renter, lessee or other occupant five days to correct the violation. Where a municipal infraction has been issued for a violation of this subsection, each five-day period following the issuance of said citation during which the violation continues uncorrected or recurs shall constitute a separate violation.

L. Off-street parking. The parking or storage of motor vehicles, boats, trailers designed to carry boats or automobiles, motor homes and camping trailers shall be prohibited on the unpaved area of any yard in any residential lot, except during a snow emergency. "Unpaved area" is defined as any surface not completely covered by asphalt, brick, block, concrete, gravel, crushed stone or structurally sound porous material. It shall not be necessary to provide a full platform of the surface material under the parked vehicle so long as the wheels or contact points of the vehicle rest on runners or other surface made of said material that connect along a continuous path to a driveway or the street. The material used and the area beneath the vehicle shall be kept free from weeds in excess of 12 inches in height, except as may be provided otherwise by applicable law. Nothing contained herein shall be construed as authorizing a departure from the green area requirements of the Zoning Ordinance of Prince George's County, Maryland. Any notice of violation issued by a Code Enforcement Officer for a violation of this subsection shall give the property owner, renter, lessee or other occupant five days to correct the violation. Where a municipal infraction citation has been issued for a violation of this subsection, each five-day period following the issuance of said citation during which the violation continues uncorrected or recurs shall constitute a separate violation. Procedures for enforcement shall be as set forth in § 125-3D.

M. It shall be the duty of the owners of all structures located within the City of College Park that have been officially assigned an address number by the Maryland National Capital Park and Planning Commission to display the address in Arabic numerals so as to be legible from the assigned street. The numbers shall be no less than three inches in height and affixed to a background of contrasting color. All numbers installed or replaced after January 1, 2004, shall be no less than four inches in height. It shall be the duty of the owner of the premises to assure that all shrubs and bushes are trimmed so as not to obstruct the visibility of the address numerals from the assigned street. The use of script wording alone will not satisfy the requirements of this subsection. Any notice of violation issued by a Code Enforcement Officer for a violation of this subsection shall give the property owner 10 days to correct the violation. Where a municipal infraction citation has been issued for a violation of this subsection, each ten-day period following the issuance of said citation during which the violation continues uncorrected or recurs shall constitute a separate violation. Procedures for enforcement shall be as set forth in § 125-3b(3).

N. It shall be unlawful for any property owner, renter, lessee or occupant to locate or store furniture which is not designed for outdoor use, or any household or commercial items, including construction materials, any construction debris, including but not limited to gravel, dirt, sand, wood and cement, appliances, deadwood and hazardous materials in any yard of any residential property. For these purposes, "designed for outdoor use" shall mean furniture constructed of a material such as treated wood, treated fabric, plastic, metal, aluminum, vinyl or other material specifically designed to be resistant to the deteriorating effects of exposure to the elements. Furniture designed for outdoor use does not include furniture such as couches, sofas and chairs intended, as made evident by their construction, for indoor use. This subsection does not prohibit the placement of furniture, whether designed for indoor or outdoor use, within or under a permanent accessory structure, such as a covered porch or gazebo. It shall be unlawful to store beer pong tables or other surfaces used for drinking games in front and side yards and visible from the street by pedestrians or those in vehicles. For these purposes a "drinking game" shall mean a game or contest involving the consumption of alcoholic drinks. Where a notice of violation is issued by a Code Enforcement Officer for a violation of this subsection, said notice shall give the property owner, renter or lessee, etc., seven days to correct the violation. Where a municipal infraction citation has been issued for a violation of this subsection, each calendar day following the issuance of said citation during which the violation continues uncorrected or recurs shall constitute a separate violation. Procedures for enforcement shall be as set forth in § 125-3C.

O. It shall be unlawful for any property owner, renter, lessee or occupant to locate or use furniture designed for indoor or outdoor use on a roof surface not designed and built for the purpose. This subsection does not prohibit the location or use of furniture, when otherwise lawful, from being placed on a balcony or other portion of a roof which has been designed and constructed for the purpose, as evidenced by an approved Prince George’s County or City building permit, or is otherwise built to standard City building code specifications, to include safety railings, a door access to the roof surface and a roof surface that has been constructed to withstand such uses. Where a notice of violation is issued by a Code Enforcement Officer for a violation of this subsection, said notice shall give the property owner, renter, occupant or lessee seven days to correct the violation. Where a municipal infraction citation has been issued for a violation of this subsection, every seven calendar days following the issuance of said citation during which the violation continues uncorrected or recurs shall constitute a separate violation. Procedures for enforcement shall be as set forth in § 125-3C.

P. It shall be unlawful for any property owner, renter, lessee or occupant to allow bamboo to spread to an adjacent property without the permission of the adjoining owner.

§ 125-11 Rooming houses.

[Amended 11-23-1965 by Ord. No. 65-O-5; 10-24-1967 by Ord. No. 67-O-7; 9-10-1991 by Ord. No. 91-O-22; 5-23-2000 by Ord. No. 00-O-6]

No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this article. Nonprofit associations, groups or corporations shall be subject to the same provisions as specified in this section and any other applicable section for rooming houses and shall secure a permit as hereafter specified, but shall not be required to pay any fee for inspection. The permit shall bear the notation "for nonprofit organization" in such case.

A. No person shall operate a rooming house unless he/she holds a valid rooming house permit issued by the Public Services Department in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Public Services Department upon compliance by the operator with the applicable provisions of this article and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house at all times. No such permit shall be transferable. Every person holding such a permit shall give notice, in writing, to the Public Services Department within 24 hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.

B. Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Advisory Planning Commission, under the procedure provided by § 125-4 of this article.

[Amended 9-24-2002 by Ord. No. 02-O-3]

C. Whenever, upon inspection of any rooming house, the Code Enforcement Officer finds that conditions or practices exist which are in violation of any provision of this article or of any rule or regulation adopted pursuant thereto, the Code Enforcement Officer shall give notice, in writing, to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Code Enforcement Officer, the operator's rooming house permit will be suspended. At the end of such period the Code Enforcement Officer shall reinspect such rooming house, and if he/she finds that such conditions or practices have not been corrected, he/she shall give notice, in writing, to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.

D. Any person whose permit to operate a rooming house has been suspended or who has received notice from the Code Enforcement Officer that his/her permit is to be suspended unless existing conditions or practices at his/her rooming house are corrected may request and shall be granted a hearing on the matter before the Advisory Planning Commission under the procedure provided by § 125-4 of this article, provided that, if no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.

[Amended 9-24-2002 by Ord. No. 02-O-3]

E. At least one water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Public Services Department and in good working condition, shall be supplied for each six persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of said facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Public Services Department.

F. The operator of every rooming house shall change supplied bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

G. Every room occupied for sleeping purposes by one person shall contain at least 50 square feet of floor space for each occupant thereof.

H. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and this City of College Park, Maryland.

I. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the maintenance of a sanitary condition in every other part of the rooming house, and he/she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

J. Every provision of this article which applies to rooming houses shall also apply to hotels and motels, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.

§ 125-12 Fraternities and sororities.

[Added 10-24-1967 by Ord. No. 67-O-7]

All provisions of the Housing Code not in conflict with this section shall apply to fraternities and sororities.

A. Recreation rooms, study rooms, kitchens and dining rooms shall be allowed in basement spaces, provided that:

[Amended 9-10-1991 by Ord. No. 91-O-22]

(1) Ventilation, mechanical and/or natural, is approved by the Public Services Department.

(2) Lighting, artificial or natural, is approved by the Public Services Department.

(3) The space is free from dampness.

(4) There are dual means of egress leading to safe and open space at ground level or such other means of egress as approved by the Public Services Department.

(5) Toilet and lavatory facilities shall be available on the same level as the basement, dining room or kitchen. Any toilet, lavatory or bathing facilities in the basement shall not be included in any computation of such facilities available to residents.

B. Toilets, bathing and washing facilities shall not be less than one facility to each six residents, as required in § 125-11E.

C. Rooms occupied for sleeping purposes by more than four persons shall be considered as dormitories and, in addition to all other requirements of the Housing Code, shall provide:

(1) A minimum horizontal distance of four feet between each bed.

(2) An arrangement of beds and other furniture so as to ensure a clear and adequate aisle to every means of exit.

D. Keys to all rooms and spaces shall be available on the premises and under control of a responsible person at all times.

E. Written notice of scheduled inspections shall be directed to the president of the local chapter and the Director of Greek Affairs, University of Maryland.

[Amended 9-10-1991 by Ord. No. 91-O-22]

F. Notice of violations shall be sent to the Director of Greek Affairs, University of Maryland, the President of House Corporation or alumni organization and the president of the local chapter.

[Amended 9-10-1991 by Ord. No. 91-O-22]

§ 125-13 Unfit dwellings; condemnation.

[Amended 5-10-1966 by Ord. No. 66-O-6; 9-10-1991 by Ord. No. 91-O-22; 9-9-1997 by Ord. No. 97-O-16; 5-23-2000 by Ord. No. 00-O-6]

The designation of dwellings, or rooming or dwelling units, as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

A. Any dwelling, or rooming or dwelling unit, which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Public Services Department:

(1) One which is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.

(3) One which, because of its general condition or location, is insanitary or otherwise dangerous to the health or safety of the occupants or of the public.

B. Any dwelling, or rooming or dwelling unit, condemned as unfit for human habitation and so designated and placarded by the Public Services Department shall be vacated within a reasonable time, as ordered by the Public Services Department. The Public Services Department shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

C. In the event that the Public Services Department shall find that the property owner has failed to correct the defects noted in the placarding of the dwelling within 90 days, the Public Services Department shall order the demolition of the dwelling or abatement of the nuisance and the cost of said demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes. Unoccupied structures which shall be found to be a serious hazard to the public, in the same manner as provided in Subsections A, B and D of this section, shall be ordered demolished or abated by the Public Services Department and appeals shall be heard as provided in Subsection E. The cost of demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes.

D. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection B.

E. Any person affected by any notice or order relating to the condemning and placarding of a dwelling, or rooming unit or dwelling unit, as unfit for human habitation under this section may request and shall be granted a hearing on the matter before the Advisory Planning Commission, under the procedure set forth in § 125-4 of this article.

[Amended 9-24-2002 by Ord. No. 02-O-3]

F. Sealing of unfit structure. It shall be the responsibility of the owner of the property to remove all unsanitary or flammable material and to seal all windows, doors and other points of ingress/egress after a dwelling has been properly determined to be unfit for human habitation if such sealing is determined by the Department of Public Services to be necessary for reasons of health or safety. In the event that, in the judgment of the City's Director of Public Services, the owner of the property fails to seal the structure properly against unlawful entry, the City's Director of Public Services shall take action to remove all unsanitary or flammable material and to seal all windows, doors and other points of ingress/egress so as to prevent entrance. The cost of said action shall be a lien on the property and collectible in the same manner as delinquent taxes.

§ 125-14 Conflict of provisions.

In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code existing on the effective date of this article, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this article shall be deemed to 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 article.[1]

[1] Editor's Note: Former §§ 26-14, Effect of partial invalidity, and 26-15, Effective date, which immediately followed this section, were repealed 9-10-1991 by Ord. No. 91-O-22.

§ 125-15 Hearings.

[Added 5-10-1966 by Ord. No. 66-O-6; amended 9-10-1991 by Ord. No. 91-O-22; 11-27-2001 by Ord. No. 01-O-7]

A. The Advisory Planning Commission, upon information from the Public Services Department that any dwelling or other structure within the corporate limits of the City has been ordered demolished or repaired, under the provisions of § 125-13B and C, shall schedule a hearing on the matter within a reasonable time thereafter. The owner of the property shall be notified by registered mail of the scheduled hearing at least 15 days in advance of the scheduled meeting. Notice of the meeting, including a description of the involved property, shall be published in two consecutive issues of a newspaper of general circulation in the City.

B. On the scheduled date of the hearing, the Commission shall hear the owner of said property or his/her duly designated agent or representative, if either shall appear, and may also hear any additional evidence or verified information which may have a bearing upon the case.

§ 125-16 Housing Code rules.

[Amended 9-10-1991 by Ord. No. 91-O-22]

The following rules were passed under the Housing Code:

A. For the purposes of inspection, the Code Enforcement Officer is herein authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.

B. If, upon presentation of proper credentials, and if, during the aforementioned hours for inspection, the Code Enforcement Officer or his/her agent is denied entrance, said officer will give to the denier official notice of a subsequent inspection not longer than 10 days hence and at a designated hour. If within 10 days, upon a second request to inspect the same premises, the Code Enforcement Officer or his/her agent is again denied entrance, said Code Enforcement Officer shall petition the appropriate legal body and shall acquire a warrant permitting legal entrance into said premises.

C. Any and all buildings constructed prior to the passage of this article shall be in compliance with the provisions of said article, except in such case as the Advisory Planning Commission may deem it necessary to waive certain provisions and/or requirements. Each said exception shall be decided singly on its own merits by Commission action as provided in § 125-4 of this article. All construction subsequent to the passage of said article shall, likewise, comply with the several provisions of said article and shall be allowed the same appeal procedure as herein provided in § 125-4.

[Amended 11-27-2001 by Ord. No. 01-O-7]

§ 125-17 Abatement of certain violations. [1]

[Added 6-10-2008 by Ord. No. 08-O-05]

A. A violation of § 125-10J shall constitute a public nuisance. In the event that the provisions of § 125-10J have been violated and not corrected within 72 hours of the notice required in § 125-3, in addition to any other remedy allowed by law, the City may take action to abate the violation. Prior to taking abatement action, the City shall provide the owner with at least 10 days’ notice of its intention to enter onto the subject property to remove, dispose of, or eliminate the violation. Unless notified otherwise, the City will assume that the owner(s) is that person or entity listed by the Maryland State Department of Assessments and Taxation as the legal owner of the subject property. Such notice shall be served personally upon the owner or designated agent or by certified United States mail, addressed to the owner at the last known address as shown on the State Department of Assessments and Taxation real property tax records. Service by certified mail shall be deemed given upon proper mailing. The notice shall also be posted on the property.

B. In the event that the owner does not remove, dispose of, or eliminate the violation within the ten-day period, the City is authorized to enter onto the property to abate the nuisance. The cost of such abatement shall be paid by the owner.

C. All unpaid charges for abatement incurred by the City, as well as any fine, shall be added to the City real property tax bill and collected as other City taxes are collected, and shall become a lien upon the subject property.

[1] Editor’s Note: Former § 125-17, Firesafety laws, added 9-10-1991 by Ord. No. 91-O-22, as amended, was repealed 6-14-2016 by Ord. No. 16-O-03. For current provisions, see Ch. 115, Fire Safety Code. Ordinance No. 16-O-03 also renumbered former § 125-17.1 as § 125-17.

Article II Standards

[Adopted 12-8-1964]

§ 125-18 Definitions.

A. The definitions contained in § 125-1 of this chapter regulating supplied facilities and the maintenance and occupancy of dwellings and dwelling units, together with the definitions contained in this section, shall apply in the interpretation and enforcement of these regulations.

B. As used in this article, the following terms shall have the meanings indicated:

HOUSING ORDINANCE

The Housing Ordinance of the City of College Park, Maryland, regulating supplied facilities and the maintenance and occupancy of dwellings and dwelling units.[1]

[1] Editor's Note: See Art. I, General Provisions, of this chapter.

§ 125-19 Plumbing and plumbing fixtures. [1]

[Amended 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to plumbing and plumbing fixtures unless:

A. All plumbing is so designed and installed as to prevent contamination of the water supply through backflow, backsiphonage and any other method of contamination.

B. All plumbing is so designed and installed that no potable water supply line or plumbing fixture is directly connected to a nonpotable water supply.

C. Every water supply line is so constructed that there is no possibility of cross-connection between a potable and nonpotable water supply.

D. Every water supply line is in good working condition and every valve therein is in good working condition.

E. Every water supply inlet is located above the flood level of any installed sink, lavatory, bathtub or automatic washing machine and similar water-using fixture or above some unobstructible overflow thereof and there are no submerged inlets, except submerged inlets installed with a vacuum breaker of a type approved by the Health Officer.

F. The waste line of every water-using fixture is trapped.

G. Every waste line drains freely without obstruction or leaks.

H. All plumbing and plumbing fixtures are maintained in good working condition and all plumbing fixtures are kept clean.

I. Water pressure is adequate to permit a proper flow of water from all open water faucets at all times.

J. Every water closet is of the trap type, with facilities for safe and clean flushing.

K. No water closet is of the so-called "flush-hopper," "frost-proof-hopper" or similar type.

[1] Editor's Note: See §§ 125-6, 125-8 and 125-10.

§ 125-20 Rubbish storage and disposal. [1]

[Amended 9-10-1991 by Ord. No. 91-O-22; 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to rubbish storage and disposal unless:

A. In those cases in which City collection is employed, rubbish is stored and disposed of in compliance with § 125-6 of the Code of the City of College Park, Maryland, in at least one City supplied toter per unit.

B. In those cases in which City collection facilities are not used, rubbish stored outdoors is stored in at least one City approved rubbish storage box or container per unit.

C. Rubbish stored in the basement or in an enclosed structure, such as a shed, is stored in nonflammable containers.

D. No loose rubbish is placed upon or strewn about on the floor of any basement or other part of any dwelling or on the ground surrounding any dwelling or any applicable area as may be stipulated in § 125-6 of the Code of the City of College Park, Maryland.

[1] Editor's Note: See §§ 125-6 and 125-10.

§ 125-21 Garbage storage and disposal. [1]

[Amended 9-10-1991 by Ord. No. 91-O-22; 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to garbage and garbage storage and disposal unless:

A. In those cases in which City collection is employed, garbage is stored and disposed of in compliance with § 125-6 of the Code of the City of College Park, Maryland, in at least one City supplied toter per unit.

B. Garbage is disposed of in a garbage incinerator located within the dwelling and installed and operated in a sanitary manner.

C. In those cases in which City collection is not employed, garbage is disposed of in at least one City approved garbage-storage container equipped with tightly fitting metal cover per unit, none of which is smaller than 15 gallons in capacity.

D. Garbage is disposed of in a garbage grinder which grinds garbage finely and is discharged into the kitchen sink drain in a sanitary manner.

E. In those cases in which metal garbage containers are used, such containers shall be kept in a reasonably clean condition.

F. Every outside garbage-storage container is so maintained and so located on the premises that it shall not create a public nuisance and so that no odors will permeate any dwelling, dwelling unit or premises.

G. No loose garbage is placed upon or strewn about on the floor of any basement or any other part of any dwelling or on the ground surrounding any dwelling.

[1] Editor's Note: See §§ 125-6 and 125-10.

§ 125-22 Facilities.

[Amended 5-10-1966 by Ord. No. 66-O-6; 5-23-2000 by Ord. No. 00-O-6]

A. Gas facilities.[1] No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to gas facilities unless:

(1) All gas-burning hot-water heaters and space heaters are properly vented to a chimney or duct leading to outdoor space.

(2) Every gas pipe is sound and tightly put together, with no leaks.

(3) No gas pipe is corroded or obstructed so as to reduce gas pressure or volume.

(4) Every gas appliance is connected to a gas line with solid metal piping.

(5) Gas pressure is adequate to permit a proper flow of gas from all open gas valves at all times.

[1] Editor's Note: See §§ 125-6 and 125-7 and the Building Officials Conference of America, Inc., Building Code for below items in Subsection A.

B. Electric wiring.[2] No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to electric wiring and facilities unless:

(1) Every exposed electric wire has insulation which is in good condition.

(2) Every switch plate and outlet plate is properly fastened in position.

(3) No short circuit or break exists in any electric line.

(4) Every fixture and outlet functions properly and is properly fastened in place.

(5) No obvious shock hazard exists.

(6) No temporary wiring is used, except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie underneath floor-covering materials or extend through doorways, transoms or other similar apertures through structural elements.

(7) No electric circuit is overloaded as a result of connecting appliances which operate at high wattages to outlets supplied with wire of inadequate size.

(8) Fuses used are of proper size for circuits that they serve.

(9) Additional outlets, up to a maximum of one for every wall with a minimum length of six feet, may be required when extensive use of temporary wiring indicates such a need.

(10) Electric outlets and switches are kept free of paint.

[2] Editor's Note: See § 125-7 and the National Fire Prevention Association Electrical Code for items in Subsection B(1) through (8).

C. Heating facilities.[3] No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to heating and heating facilities unless:

(1) When the dwelling, or rooming or dwelling unit, is heated by a central-heating system:

(a) The central-heating unit is in good operating condition.

(b) Every heat duct, steam pipe and hot-water pipe is free of leaks and functions so that adequate heat is delivered where intended.

(c) Every seal between the sections of a hot-air furnace is in good repair.

(2) When the dwelling, or rooming or dwelling unit, is heated by space heaters:

(a) Every space heater burning solid, liquid or gaseous fuels is properly vented to a chimney or duct leading to outdoor space.

(b) Every coal-burning space heater has a fire-resistant panel beneath it.

(c) Every space heater located close to a wall is equipped with insulation sufficient to prevent overheating of the wall.

(d) Every space heater smoke pipe is equipped with guards made of metal or other nonflammable material at the point where the pipe goes through a wall, ceiling or partition.

(3) There are no portable heaters burning solid, liquid or gaseous fuels.

(4) Every smoke pipe and every chimney is adequately supported, reasonably clean and maintained in such condition that there will be no leakage or backing up of noxious gases.

[3] Editor's Note: See § 125-7.

§ 125-23 Lighting. [1]

[Amended 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to lighting unless every public hall, stairway and foyer has sufficient lighting, through windows or from electric lights, to provide illumination of at least one footcandle on every part of such area at all times of the day and night, except as otherwise provided by § 125-7F of Article I of this chapter.

[1] Editor's Note: See § 125-7.

§ 125-24 Rodents. [1]

[Amended 9-10-1991 by Ord. No. 91-O-22; 7-14-1992 by Ord. No. 92-O-5A; 5-23-2000 by Ord. No. 00-O-6; 11-10-2003 by Ord. No. 03-O-8]

No person shall permit any premises, improved or unimproved, or any open lot or alley within the City to accumulate lumber or firewood to remain thereon, unless the same shall be elevated not less than six inches above a weed-free surface and evenly piled so that these materials will not afford shelter or harborage for rodents. The City specifically exempts itself from Section 12-161(b) of the Prince George's County Code, which deals with a related matter. Any notice of violation issued by a Code Enforcement Officer for a violation of this subsection shall give the property owner 10 days to correct the violation. Where a municipal infraction citation has been issued for a violation of this subsection, each ten-day period following the issuance of said citation during which the violation continues uncorrected or recurs shall constitute a separate violation. Procedures for enforcement shall be as set forth in § 125-3b(3).

[1] Editor's Note: See §§ 125-7, 125-8 and 125-10.

§ 125-25 Foundations, floors, walls, ceilings and roofs. [1]

[Amended 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to foundations, floors, walls, ceilings and roofs unless:

A. The foundation elements adequately support the building at all points.

B. Every floor is free of holes and wide cracks which might admit rodents or which constitute a possible accident hazard.

C. Every floor is free of loose, warped, protruding and rotting floorboards.

D. Every exterior wall is free of holes, peeling paint and large cracks. All exterior walls must be covered with paint or other manufactured product designed for use as an exterior finish or surface.

[Amended 11-10-2003 by Ord. No. 03-O-8]

E. Every interior wall and ceiling is free of holes, peeling paint and large cracks.

F. Every interior wall and ceiling is free of loose plaster and other structural material, the collapse of which might constitute an accident hazard.

G. Plaster, paint and all other surface materials are of such character as to be easily cleanable and are reasonably smooth, clean and tight and all interior surfaces are free of mold, mildew and lead-base paint.

H. The roof is tight and has no defects which admit rain.

[1] Editor's Note: See § 125-8.

§ 125-26 Windows, exterior doors and basement hatchways. [1]

[Amended 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to windows, exterior doors and basement hatchways unless:

A. Every window is fully supplied with windowpanes which are without open cracks or holes.

B. Every window sash is in good condition, free of holes, peeling paint and large cracks, and fits reasonably tightly within its frame.

[Amended 11-10-2003 by Ord. No. 03-O-8]

C. Every window, other than fixed windows, is capable of being easily opened and held in open position by window hardware, and is equipped with a security lock operable from the inside without the need for keys, tools or special knowledge.

[Amended 11-10-2003 by Ord. No. 03-O-8]

D. Every exterior and interior door, door hinge and door latch is in good condition.

E. Every exterior and interior door, when closed, fits reasonably well within its frame.

F. All windows and doors and their frames are constructed and maintained in such relation to wall construction as completely to exclude rain and substantially to exclude wind from entering the structure.

G. Every basement hatchway is so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the dwelling.

[1] Editor's Note: See § 125-8.

§ 125-27 Stairways and porches. [1]

[Amended 4-12-1995 by Ord. No. 94-O-3; 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to stairways and porches unless:

A. Every flight of stairs and porch is free of holes, grooves and cracks which are large enough to constitute possible accident hazards.

B. Every stairwell and every flight of stairs which is more than two risers high has rails not less than two feet six inches high, measured vertically from the nose of the treads to the top of the rail, and every porch which is more than two risers high has rails not less than three feet six inches above the platform, provided that, in the case of railings affixed to external stairs or stairwells, this provision shall require only the maintenance, reconstruction or replacement of existing railings.

C. Every rail and balustrade is firmly fastened and is maintained in good condition.

D. No flight of stairs has settled more than one inch out of its intended position or has pulled away from supporting or adjacent structures.

E. No flight of stairs has rotting or deteriorating supports.

F. The treads of every flight of stairs are uniform in height.

G. Every stair tread is sound and is securely fastened in position.

H. Every stair tread is strong enough to bear a concentrated load of at least 400 pounds without danger of breaking through.

I. Every porch has a sound floor.

J. No porch has rotting or deteriorating supports.

[1] Editor's Note: See § 125-8.

§ 125-28 Water closet compartment and bathroom floor. [1]

[Amended 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to water closet compartment and bathroom floors unless:

A. Every water closet compartment floor and bathroom floor is made of terrazzo, tile, smooth concrete, dense hardwood with tightly fitting joints, rubber, asphalt tile, linoleum or other similar material providing a surface which is reasonably impervious to water and is easily cleanable.

B. Such floor is made of one of the denser softwoods, with tightly fitting joints, and is covered with varnish, lacquer or other similar coating providing a surface which is reasonably impervious to water and is easily cleanable.

[1] Editor's Note: See § 125-8.

§ 125-29 Sanitation. [1]

[Amended  8-12-1997 by Ord. No. 97-O-9; 5-23-2000 by Ord. No. 00-O-6]

No dwelling, or rooming or dwelling unit, shall be deemed to comply with the requirements of the Housing Ordinance relating to general sanitation unless:

A. Every floor and floor covering is kept reasonably clean and is not littered or covered with dirt, dust, garbage, human or animal fecal matter or any other unsanitary thing.

B. Every wall and ceiling is reasonably clean and is not littered or covered with dust, dirt, cobwebs or greasy film.

C. Every bathroom wall, ceiling, floor and fixture, including shower stalls, bathtubs and faucets, is maintained in a state of good repair and reasonably clean, free from dirt, filth and sources of foulness and corrosion.[2]

[2] Editor's Note: Former Subsection C, regarding stagnant water, was repealed 11-10-2003 by Ord. No. 03-O-8 and former Subsection D was redesignated as C.

[1] Editor's Note: See § 125-10.

§ 125-30 Adoption of regulations.

We, the Mayor and Council of the City of College Park, Maryland, do hereby adopt on December 8, 1964, to be effective on and after December 8, 1964, the above-listed written regulations pursuant to the authority granted us by § 125-5 of Article I of this chapter, regulating supplied facilities and the maintenance and occupancy of dwellings and dwelling units.

§ 125-31 Lakeland Urban Renewal Area.

[Added  7-8-1975 by Res. No. 75-R-9; amended  9-10-1991 by Ord. No. 91-O-22; 8-10-2010 by Ord. No. 10-O-06; 8-11-2020 by Ord. No. 20-O-09]

The Public Services Department shall coordinate its efforts in the Lakeland Urban Renewal Area with the Planning and Community Development Director so as to better effectuate the purposes of the Urban Renewal Program for the elimination and for the prevention of the development or spread of slums and blight and for an effective relocation program.

§ 125-32 Notice of residential property subject to foreclosure.

[Added 9-22-2009 by Ord. No. 09-O-08]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

PERSON AUTHORIZED TO MAKE THE SALE

The person designated pursuant to the Maryland Rules to sell residential property subject to foreclosure.

RESIDENTIAL PROPERTY

Real property improved by four or fewer single-family dwelling units.

B. Notice of filing. Within five calendar days after the filing of an order to docket, or a complaint to foreclose, a mortgage or deed of trust on a residential property located in the City, the person authorized to make the sale shall give written notice of the filing to the City. The said notice, which shall be directed to the City's Financial Officer, shall include:

(1) The street address of the residential property subject to the foreclosure action;

(2) The names and addresses, if known, of all owners of the residential property subject to the foreclosure action; and

(3) The name, address and telephone number of the person authorized to make the sale.

C. Violation. Failure to provide the notice required by this section shall constitute a municipal infraction, and is subject to the penalty provided in Chapter 110, Fees and Penalties, of this Code.