[HISTORY: Adopted by the Mayor and Council
of the City of College Park 7-26-1966 by Ord. No. 66-O-9. Amendments noted where
applicable.]
[Amended 10-23-1984 by Ord. No. 84-O-10]
Whereas there are numerous dwelling and rooming
house units within the City of College Park which are rented, leased
or otherwise let to persons other than the owners thereof; and whereas
there are numerous nonresidential (commercial and industrial) units
within the City of College Park; and whereas the Mayor and City Council
of the City of College Park have the gravest responsibility for the
protection of the health, safety, welfare and morals of all of the
citizens of said City and for those of visitors and transients seeking
accommodations therein; and whereas the Mayor and City Council of
the City of College Park have adopted a Housing Code and a Nonresidential
Property Maintenance Code[1] for the protection of the citizens of said City and those
persons seeking accommodations therein, it is declared to be the policy
and intent of the Mayor and City Council of the City of College Park
that all rental dwelling units, rooming house units and hotel, motel
and tourist units and nonresidential premises shall be licensed and
regulated in such a manner as to ensure the protection of the health,
welfare, safety and morals of those persons residing or visiting therein
and, further, that said licensing and regulations shall be undertaken
in the manner set forth hereinbelow.
A.
DWELLING UNIT
HOTEL, MOTEL or TOURIST FACILITY
NONRESIDENTIAL PREMISES
OWNER or PROPERTY OWNER
ROOMING UNIT or ROOMING HOUSE UNIT
SINGLE-FAMILY RENTAL UNIT
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Any room or group of rooms located within a structure and
forming a single habitable unit, with facilities which are used or
intended to be used for living, sleeping, cooking and eating purposes
and rented, leased or otherwise let to three or more persons other
than the owner thereof and members of his/her immediate family.
[Amended 6-8-2010 by Ord. No. 10-O-05]
Any structure containing rooming house or dwelling units
to be used for sleeping and/or living facilities for transient persons
and rented, leased or otherwise let for purposes other than that of
permanent residence.
[Amended 5-23-2000 by Ord. No. 00-O-7]
Any structure or portion of a structure or unit used, whether
or not for profit, for any type of commercial activity, industrial
activity, commerce or trade, professional or office activity, manufacturing
or repairing of any item or thing or the storage of any part or thing
used or to be used in any of the activities described above.
[Added 10-23-1984 by Ord. No. 84-O-10; amended 6-8-2010 by Ord. No. 10-O-05]
The owner of legal or equitable title to any real property
or the agent of such owner, including but not limited to any person
who signs a housing disclosure form with respect to any residential
dwelling unit or any person with actual or apparent authority to act
on behalf of the owner of legal or equitable title to the property.
[Added 10-12-1999 by Ord. No. 99-O-10]
Any room or group of rooms located within a structure and
forming a single habitable unit used or intended to be used for sleeping
and living but not for cooking and eating purposes and located in
a structure or building wherein said unit or units are rented, leased
or otherwise let to three or more persons other than the owner thereof
and members of his/her immediate family.
[Amended 5-23-2000 by Ord. No. 00-O-7]
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 11-10-2003 by Ord. No. 03-O-9]
B.
Meaning of certain words. Whenever the words "dwelling
unit," "rooming unit," "rooming house unit," "premises" "hotel, motel
or tourist facility" and "nonresidential premises" are used in this
chapter, they are construed as though they were followed by the words
"or any part thereof."
[Amended 5-23-2000 by Ord. No. 00-O-7]
A.
Residential. Before the owner or agent thereof of
any dwelling unit, rooming unit or rooming house unit or hotel, motel
or tourist facility within the confines of the City of College Park
shall rent, lease or otherwise let said unit and permit it to be occupied
by any person or persons other than himself/herself and members of
his/her immediate family, he/she shall secure from the City an occupancy
permit.
[Amended 6-8-2010 by Ord. No. 10-O-05]
(1)
Said occupancy permit shall contain the name of the
owner of said unit, his/her address and his/her telephone number.
Said occupancy permit shall also specify the exact location of the
structure in which said unit is located.
(2)
All occupancy permits shall be issued to the owner
for the structure containing said unit or units and shall be valid
for a period of one year.
[Amended 10-11-2011 by Ord. No. 11-O-14]
B.
Nonresidential. Each tenant or occupant that is required
to obtain a Prince George's County use and occupancy permit for use
of a nonresidential premises or unit shall secure from the City a
nonresidential occupancy permit, which shall be valid for a period
of one year.
[Added 10-23-1984 by Ord. No. 84-O-10; amended 6-8-2010 by Ord. No. 10-O-05]
C.
Occupancy prohibited without valid occupancy permit.
[Added 8-12-1997 by Ord. No. 97-O-12]
(1)
(2)
Said owner shall prevent said unit from being further
occupied until a valid occupancy permit is issued by the City for
the unit.
D.
The owner of a dwelling unit for which an occupancy permit is required by the terms of Subsection A of this section shall obtain the signature of the occupant of such unit on a written statement acknowledging and agreeing to be bound by the provisions of Subsection C hereinabove and to vacate the unit within the time prescribed therein upon the occurrence of an event described in Subsection C(2) or C(3) hereof.
[Added 8-12-1997 by Ord. No. 97-O-12]
E.
Placards. Any dwelling, rooming or rooming house unit,
hotel, motel or tourist facility or nonresidential premises which
does not have a required occupancy permit may be placarded by the
Public Services Department. No person shall deface or remove the placard
from any such premises.
[Added 5-23-2000 by Ord. No. 00-O-7]
F.
An occupancy permit issued pursuant to this section
is not transferable by the permit holder to another person or entity.
[Added 11-10-2003 by Ord. No. 03-O-9; amended 6-8-2010 by Ord. No. 10-O-05]
A.
Before the Public Services Department shall issue
an occupancy permit, the following criteria shall have been met:
[Amended 10-23-1984 by Ord. No. 84-O-10; 9-10-1991 by Ord. No. 91-O-22]
(1)
The Public Services Director shall indicate that,
to the City's knowledge, said unit complies with all of the applicable
laws and ordinances of the State of Maryland, Prince George's County
and the City of College Park.
[Amended 6-8-2010 by Ord. No. 10-O-05]
(2)
The applicant shall remit the required fees as set forth in § 144-6 hereinbelow.
[Amended 6-8-2010 by Ord. No. 10-O-05]
(3)
The owner applying for an occupancy permit shall designate
an agent, be it the owner or another individual or entity, with an
address in the State of Maryland for service of any notices by the
City concerning the property. Any change in the designation of agent
or address must be provided to the City within 10 days of its occurrence.
[Added 11-10-2003 by Ord. No. 03-O-9]
B.
The initial permit period shall be one year from issuance
of the permit and shall be noted on the permit. All occupancy permits
shall be renewable annually upon application and compliance with the
provisions of this chapter. The renewal permit period shall be one
year from the expiration of the prior permit period, regardless of
actual issuance date, and shall be noted on the permit.
[Amended 6-8-2010 by Ord. No. 10-O-05; 10-11-2011 by Ord. No. 11-O-14]
C.
An occupancy permit shall be void as of the date of occupancy of the dwelling unit by persons other than the property owner or members of the property owner's immediate family if the property owner fails, prior to such occupancy, to make the attestation required by § 144-5B of this chapter, certifying that the disclosures and other dissemination of information to the occupants of such property required by this chapter have been made.
[Added 10-12-1999 by Ord. No. 99-O-10]
D.
The Public Services Department shall not issue or
renew an occupancy permit for any residential rental property unless
and until the owner has certified under penalty of perjury, on a form
provided by the City, the following
[Added 6-14-2005 by Ord. No. 05-O-7]
(1)
That the property is not an affected property as defined
in § 6-801(b) of the Environment Article, Annotated Code
of Maryland; or
(2)
That the property is an affected property, and that
the owner has registered as required under § 6-811 of the
Environment Article, Annotated Code of Maryland, and/or renewed the
registration as required by § 6-812 of said Article; and
(a)
The inspection certificate number for the inspection
conducted for the current tenancy as required under § 6-815(c)
of said Article, if the current tenant moved into the property on
or after February 24, 1996; or
(b)
On or after February 24, 2006, the inspection
certificate number for the inspection conducted for the current tenancy
as required under §§ 6-815(c), 6-817(b) and 6-819(e)
of said Article.
[Added 11-10-1987 by Ord. No. 87-O-7]
A.
Every holder or applicant for an occupancy permit
under this chapter who rents any residential property or unit for
which a permit is needed shall provide the following disclosures to
his or her tenants, renters or occupants as a condition to the renewal
or issuance of the occupancy permit:
[Amended 5-10-1994 by Ord. No. 94-O-4; 9-10-1991 by Ord. No. 91-O-22; 6-8-2010 by Ord. No.
10-O-05]
(1)
A disclosure prohibiting any tenant, occupant, visitor or guest from making or generating any loud and raucous sound so as to cause unreasonable annoyances or disturbances to others living or located nearby, as set forth in Chapter 138, Noise, of the Code of College Park.
(2)
A disclosure enumerating the number of unrelated or related persons who are legally authorized to occupy the premises and prohibiting additional permanent occupants, as provided by Chapter 125, Housing Regulations, of the Code of College Park or the Maryland-Washington Regional Zoning Ordinance in Prince George's County.
(3)
A disclosure requiring any tenant, occupant, visitor or guest to dispose of all rubbish and garbage in a clean and sanitary manner, as required by Chapter 125, Housing Regulations, of the Code of College Park.
(4)
A disclosure recognizing the owner's and the occupant's collateral responsibility for maintaining clean grounds and premises, free of litter, as required by Chapter 132, Litter and Graffiti, of the Code of College Park.
(5)
A disclosure prohibiting any tenant, occupant, visitor or guest from parking any vehicle with four or more wheels or a self-propelled vehicle with three or more wheels on the grass or lawn of the rental premises or property unless the surface is constructed of either concrete, asphalt, gravel or a similar dust- and mud-free surface, as required by Chapter 125, Housing Regulations, of the Code of College Park.
(6)
A disclosure expressly stipulating that the owner will deliver the leased premises in a clean, safe and sanitary condition, as required by Chapter 125, Housing Regulations, of the Code of College Park and in compliance with all applicable laws.
(7)
A disclosure expressly recognizing the owner's duty to provide or make available heat, water and hot water to the occupants and to maintain the premises in a habitable condition, as required by Chapter 125, Housing Regulations, of the Code of College Park.
(8)
A disclosure recognizing the availability of the Community
Mediation Center to address, through mediation, any housing dispute
or problem that might arise between the parties.
(9)
A disclosure wherein the owner acknowledges having
given the occupants or tenants both a fully executed copy of any written
housing agreement and a housing rights and responsibilities publication
produced and made available through the City.
B.
A property owner shall make the disclosures required by Subsection A of this section by delivering to the occupants a fair summary of the provisions identified in Subsection A of this section, in a form to be prescribed by the Department of Public Services prior to occupancy. The property owner shall attest that he or she has delivered a fair summary of the provisions identified in Subsection A of this section, in the form prescribed by the Department of Public Services, to the occupants of the dwelling unit in question at the beginning of the occupancy term, by signing a statement to this effect, under oath, on the occupancy permit for the dwelling unit. In addition to constituting a cause for revocation under the provisions of § 144-7, a false oath shall be punishable as a municipal infraction under the provisions of Article 23A, § 3(b)(2) of the Annotated Code of Maryland, subjecting the violator to the penalty as set forth in Chapter 110, Fees and Penalties.
[Amended 1-10-1989 by Ord. No. 88-O-6; 5-14-1991 by Ord. No. 91-O-7; 12-10-1991 by Ord. No. 91-O-24; 5-10-1994 by Ord. No. 94-O-4; 10-12-1999 by Ord. No.
99-O-10]
C.
A property owner shall not be obligated to provide
additional copies of the fair summary to which Section B of this section
refers at the beginning of a renewal term of occupancy by the same
occupants who occupied the dwelling unit in the immediately preceding
term, provided that such occupants previously received the fair summary,
except that a property owner shall be obligated to provide such tenants
with additional copies of the fair summary if:
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-12-1999 by Ord. No. 99-O-10]
(1)
Any tenant requests an additional copy thereof; or
(2)
There have been intervening changes to the form of
fair summary prescribed by the Department of Public Services. The
landlord shall be responsible for verifying at the beginning of any
renewal occupancy term that there have been no such intervening changes.
D.
The occupancy permit shall contain the agreement of
the property owner to disclose, within 24 hours of the City's request,
for code enforcement or other necessary public purposes, the identity
of any occupants of the dwelling unit which is the subject of the
occupancy permit and shall also contain the property owner's acknowledgment
that the occupancy permit is issued in consideration of said agreement
and may be revoked for breach of that agreement, which breach shall
also constitute a municipal infraction.
[Amended 10-12-1999 by Ord. No. 99-O-10]
E.
A property owner shall disclose, within 24 hours of the City's request, pursuant to Subsection G of this section, the identity of all of the occupants of the dwelling unit which is the subject of the occupancy permit. A municipal infraction citation issued for failure to disclose the identity of the occupants of a dwelling unit as required by this subsection shall not be appealable to the Advisory Planning Commission.
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-12-1999 by Ord. No. 99-O-10; 9-24-2002 by Ord. No.
02-O-3]
F.
Each day during which a landlord obligated to make the disclosure required by Subsection E of this section fails to make such disclosure shall constitute a separate violation.
[Added 10-12-1999 by Ord. No. 99-O-10]
G.
The City's Director of Public Services may request
disclosure of the identity of the occupants of a residential dwelling
unit as to which an occupancy permit has been issued whenever its
code enforcement or other public purposes so require, which determination
shall be made in the sole discretion of the City. Said purposes include,
but are not limited to:
[Added 10-12-1999 by Ord. No. 99-O-10]
(1)
Obtaining an administrative search warrant for an
annual inspection of the property or dwelling unit.
(2)
Advising the occupants of the existence of a condition
on the property which violates the City Code.
(3)
Summoning the occupants to appear at a hearing before
the City's Noise Control Board, Advisory Planning Commission or Animal
Control Board.
[Amended 9-24-2002 by Ord. No. 02-O-3]
(4)
Issuing a municipal infraction or other citation for
violation of any provision of the City Code.
(5)
Verifying that the number of occupants does not exceed
the number permitted by law, where the Department of Public Services
has observed conditions which indicate that the property is occupied
by an excessive number of occupants.
H.
A request by the City to a property owner for the names of the occupants of rental unit under Subsection G of this section shall be made in writing and shall be considered effective if delivered to the property owner, as that term is defined in § 144-2 of this chapter, the property owner's spouse or other person of suitable age and discretion residing in the property owner's home, or the property owner's employee.
[Added 10-12-1999 by Ord. No. 99-O-10]
I.
Nothing contained in this subsection shall prevent
the Director of the Department of Public Services or his designee
from making reasonable efforts to contact the occupants in order to
obtain their identities directly; provided, however, that such action
shall not relieve the property owner of any obligation he may otherwise
have to correct any condition of the property or to prevent or ameliorate
any conduct by the occupants of such property which violates this
code.
[Added 10-12-1999 by Ord. No. 99-O-10]
J.
In the event that the Public Services Department determines that the owner has fraudulently affirmed or misrepresented his/her compliance under any subsection, the Department shall have the authority to revoke the occupancy permit after notice and an opportunity for the owner to be heard on appeal by the Advisory Planning Commission pursuant to the procedures of Chapter 125, Housing Regulations, § 125-4C, of the College Park Code. The Commission's sole function shall be to determine whether or not there was a fraudulent affirmation or misrepresentation and thereby affirm or withdraw the notice appealed from.
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-12-1999 by Ord. No. 99-O-10; 9-24-2002 by Ord. No.
02-O-3]
[Amended 6-12-1973 by Ord. No. 73-O-7; 10-11-1977 by Ord. No. 77-O-7; 8-12-1980 by Ord. No. 80-O-12; 10-23-1984 by Ord. No. 84-O-10; 11-25-1986 by Ord. No.
86-O-5; 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No.
91-O-24; 2-9-1993 by Ord. No. 92-O-13;
11-10-2003 by Ord. No. 03-O-9; 3-13-2018 by Ord. No. 18-O-02]
A.
Except as provided in § 144-6B, the Public Services Department shall inspect each such unit at least once each year.
B.
For apartment and hotel buildings, a biennial inspection of one half
of the individual dwelling units may be authorized at the discretion
of the Public Services Director, so that all dwelling units are inspected
at least once in two years. To qualify for biennial inspection, the
following is required for the property as a whole:
• Compliance with the most current editions of fire and
building codes;
• Installation of complete life safety systems including
sprinklers, fire and smoke alarm systems and emergency lighting;
• Maintenance of all life safety systems by third party
providers with annual certification of system maintenance and functionality
provided to the City;
• A history of ongoing City Code compliance;
• Unified, on-site management and maintenance;
• Periodic fire evacuation drills conducted and monitored
by a qualified third party in apartment buildings.
• Annual City inspection of public spaces, to include without
limitation, hallways, exits, and common areas; building and life safety
systems; and all mechanical and equipment spaces, including without
limitation boiler and furnace rooms, telecommunication rooms, and
electrical equipment rooms, would continue to be required. In the
event of a significant code violation, or if unitary management of
the property should cease, the property may be required to undergo
full annual inspection.
C.
Units may be inspected more often than required herein where a substantiated
complaint of violation has occurred or the Director has probable cause
to believe that a violation is occurring on such property.
A.
At any time that the Public Services Department shall
determine that any such unit does not comply with all of the provisions
of all applicable law, it shall order the permit holder or agent thereof
to render compliance within a reasonable period of time. If such compliance
is not provided, the Public Services Director may order the revocation
of the occupancy permit for the structure in which said unit or units
are located and proceed with enforcement under applicable provisions
of law.
[Amended 10-23-1984 by Ord. No. 84-O-10; 9-10-1991 by Ord. No. 91-O-22; 6-8-2010 by Ord. No.
10-O-05]
B.
Should the occupancy permit for a structure be revoked
because of noncompliance with the provisions of the City Housing Ordinance,[1] such revocation may be appealed to the Advisory Planning
Commission under the provisions of the Housing Ordinance. If said
permit shall have been revoked for violations of other laws or ordinances,
appeal may only be made to a court of competent jurisdiction of this
state.
[Amended 9-24-2002 by Ord. No. 02-O-3]
C.
In the event that an occupancy permit is allowed to expire by fault of the permit holder due to the failure to pay the required fees within 20 days from the date of the written notification of payment due, without a reasonable cause, a reinstatement fee shall be imposed as set forth in Chapter 110, Fees and Penalties, and shall be payable with all application fees. Property may be subject to reinspection prior to reinstatement of an occupancy permit, and all fees may be reimposed.
[Added 11-12-1980 by Ord. No. 80-O-14; amended 12-10-1991 by Ord. No. 91-O-24; 6-8-2010 by Ord. No.
10-O-05]
D.
In the event that an occupancy permit is revoked for cause, the occupancy permit must be reinstated and a fee paid as set forth in Chapter 110, Fees and Penalties, and all provisions of the Code of the City of College Park must be met before the property may again be occupied. In no event will an occupancy permit for a dwelling unit as to which an occupancy permit has been revoked for cause be reinstated prior to the expiration of 90 days from the date of revocation.
[Added 11-12-1980 by Ord. No. 80-O-14; amended 12-10-1991 by Ord. No. 91-O-24; 8-12-1997 by Ord. No.
97-O-12]
[Amended 8-14-1991 by Ord. No. 91-O-14; 12-10-1991 by Ord. No. 91-O-24; 8-12-1997 by Ord. No.
97-O-12]
A.
Except as may otherwise be specified herein and in addition to any other provisions for occupancy fees, late fees and reinstatement fees, any person violating any of the provisions of this chapter shall be guilty of a municipal infraction, subject to the penalty provided in Chapter 110, Fees and Penalties, of this Code.
