[HISTORY: Adopted by the Mayor and Council
of the City of College Park as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
[Adopted 8-25-1964 by Ord. No. 64-O-4]
A.
BASEMENT
BOCA
CODE ENFORCEMENT OFFICER
COMMERCIAL ITEMS
DORMITORY
DWELLING
DWELLING UNIT
EXTERMINATION
FRATERNITY AND/OR SORORITY HOUSE
GARBAGE
HABITABLE ROOM
HOUSEHOLD ITEMS
HOUSING OFFICER
INFESTATION
MULTIPLE DWELLING
NATURALIZED OR NATIVE MANAGED LANDSCAPES
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SINGLE-FAMILY RENTAL UNIT
SLEEPING ROOM
SUPPLIED
TEMPORARY HOUSING
The following definitions shall apply in the interpretation
and enforcement of this article:
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]
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]
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]
Items stored or intended for use in connection with a commercial
enterprise.
[Added 5-23-2000 by Ord. No. 00-O-6]
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]
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."
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.
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]
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]
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.
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.
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]
[Amended 10-11-1977 by Ord. No.
77-O-8; repealed 9-10-1991 by Ord. No. 91-O-22]
The presence, within or around a dwelling, of insects, rodents
or other pests.
Any dwelling containing more than two dwelling units.
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]
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
The temperature 15° F. above the lowest recorded temperature
for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
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.
Includes any individual, firm, corporation, association or
partnership.
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.
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]
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.
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.
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]
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]
Paid for, furnished or provided by or under the control of
the owner or operator.
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."
[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.
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]
[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]
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.
[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.
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]
[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.
[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]
[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:
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.
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.
[Amended 5-23-2000 by Ord. No. 00-O-6]
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.
[Amended 5-23-2000 by Ord. No. 00-O-6]
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.
[Amended 5-23-2000 by Ord. No. 00-O-6]
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.
[Amended 5-23-2000 by Ord. No. 00-O-6]
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.
[Amended 5-23-2000 by Ord. No. 00-O-6]
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).
[Amended 5-23-2000 by Ord. No. 00-O-6]
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.
[Amended 5-23-2000 by Ord. No. 00-O-6]
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.
[Added 6-13-1978 by Ord. No. 78-O-4;
amended 3-11-1980 by Ord. No. 80-O-3; 9-11-1984 by Ord. No. 84-O-7; 5-13-1997 by Ord. No.
97-O-4; 11-10-2003 by Ord. No. 03-O-8; 6-12-2007 by Ord. No.
07-O-10]
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.
[Added 3-11-1980 by Ord. No. 80-O-4;
amended 6-11-1996 by Ord. No. 96-O-4; 5-23-2000 by Ord. No. 00-O-6; 11-10-2003 by Ord. No.
03-O-8; 11-23-2004 by Ord. No. 04-O-10; 10-25-2005 by Ord. No.
05-O-11; 5-22-2018 by Ord. No. 18-O-05]
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.
[Added 9-25-1984 by Ord. No. 84-O-8;
amended 7-10-2001 by Ord. No. 01-O-6]
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.
[Added 9-11-1984 by Ord. No. 84-O-9;
amended 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; 6-11-1996 by Ord. No. 96-O-4; 1-13-1998 by Ord. No.
97-O-24; 11-10-2003 by Ord. No. 03-O-10]
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).
[Added 4-27-1993 by Ord. No. 93-O-1;
amended 11-10-2003 by Ord. No. 03-O-8]
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. 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.
[Amended 5-23-2000 by Ord. No. 00-O-6; 10-25-2005 by Ord. No.
05-O-11]
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.
[Added 3-22-2011 by Ord. No. 11-O-02]
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.
[Added 4-12-2011 by Ord. No. 11-O-04]
[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.
[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:
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]
[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.
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.
[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.
[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]
[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.
[Adopted 12-8-1964]
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.
HOUSING ORDINANCE
As used in this article, the following terms shall
have the meanings indicated:
The Housing Ordinance of the City of College Park, Maryland,
regulating supplied facilities and the maintenance and occupancy of
dwellings and dwelling units.[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.
[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.
[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.
[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.
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.
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:
(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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
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.
[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.
[Added 9-22-2009 by Ord. No. 09-O-08]
A.
PERSON AUTHORIZED TO MAKE THE SALE
RESIDENTIAL PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person designated pursuant to the Maryland Rules to sell
residential property subject to foreclosure.
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:
