[HISTORY: Adopted by the Mayor and Council
of the City of College Park as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building code — See Charter, § C7-8.
Building construction — See Ch. 87.
Electrical standards — See Ch. 107.
Fees and penalties — See Ch. 110.
Garbage, rubbish and refuse — See Ch. 119.
Housing regulations — See Ch. 125.
Litter — See Ch. 132.
Nuisances — See Ch. 141.
Plumbing standards — See Ch. 154.
[Adopted 10-28-1969 by Ord. No. 69-O-9; amended in its entirety 10-23-1984 by Ord. No. 84-O-11]
A.
Title. This article shall be known as the "Nonresidential
Property Maintenance Code of the City of College Park," and may be
referred to in this article in the short form as "this code."
B.
Findings and declaration of policy. It is hereby found
and declared that there exist in the City of College Park structures
used for nonresidential use which are, or may become in the future,
substandard with respect to structure, equipment or maintenance and,
further, that such conditions, including but not limited to structural
deterioration, lack of maintenance and appearance of the exterior
of the premises, infestation, lack of essential heating and plumbing,
lack of maintenance or upkeep of essential utilities and facilities,
the existence of fire hazards, inadequate provisions for light and
air and insanitary conditions, constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the City of College Park. It is further found and declared
that, by reason of lack of maintenance and because of progressive
deterioration, certain properties have the further effect of creating
blighting conditions and initiating slums and that, if the same are
not curtailed and removed, the aforesaid conditions will grow and
spread and will necessitate in time the expenditure of large amounts
of public funds to correct and eliminate the same and that, by reason
of timely regulations and restrictions, as herein contained, the growth
of slums and blight may be prevented and the neighborhood and property
values thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
C.
Purposes. The purpose of this code is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the maintenance, appearance, condition and occupancy
of nonresidential premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for occupancy and use;
to fix certain responsibilities and duties upon owners and operators
and distinct and separate responsibilities and duties upon occupants;
to fix penalties for the violations of this code; to provide for the
right of access across adjoining premises to permit repairs; and to
provide for the repair, demolition or vacation of premises unfit for
use. This code is hereby declared to be remedial and essential for
the public interest, and it is intended that this code be liberally
construed to effectuate the purposes as stated herein.
A.
ACCESSORY STRUCTURE
BASEMENT
BUILDING
BUILDING CODE
CENTRAL HEATING SYSTEM
CODE ENFORCEMENT OFFICER OR INSPECTOR
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FLOOR AREA, SUPERFICIAL
GARBAGE
INFESTATION
LITTER
MIXED OCCUPANCY
NATURALIZED OR NATIVE MANAGED LANDSCAPES
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
OPERATOR
OWNER
PLUMBING
PREMISES
PUBLIC SERVICES DIRECTOR
REFUSE
REGISTERED MAIL
ROOM
RUBBISH
SANITARY SEWER
SEWAGE
STORY
STRUCTURE
SUPERFICIAL FLOOR AREA
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WASHROOM
WATER-CLOSET COMPARTMENT
The following terms, wherever used herein or referred
to in this chapter, shall have the respective meanings assigned to
them unless a different meaning clearly appears from the context:
[Amended 6-14-2016 by Ord. No. 16-O-03]
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
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.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
The Building Code of Prince George's County and the City
of College Park.[1]
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed and installed in accordance with the Building Code of Prince
George's County.
All officials, officers or employees of the City of College
Park entrusted with the enforcement of this code.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof
from a sidewalk, street, alleyway or licensed open-air parking lot
or from any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places, by removing or making inaccessible
material that may service as their food, by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
[2]The net floor area within the enclosing walls of the room,
excluding built-in equipment such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable and excluding
the floor area where the floor-to-ceiling height is less than seven
feet.
Animal or vegetable waste that is subject to organic decomposition
and resulting from the handling, preparation, cooking and consumption
of food. (See also "refuse" and "rubbish.")
[Amended 6-14-2016 by Ord. No. 16-O-03]
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
All rubbish, waste material, refuse, garbage, trash, debris,
dead animals or other discarded materials or property of every kind
and description.
[Added 6-14-2016 by Ord.
No. 16-O-03]
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses.
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 public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the State of
Maryland, Prince George's County or the ordinances of the City of
College Park.
Any nuisance which may prove detrimental to
the health or safety of children, whether in a building, on the premises
of a building or upon an unoccupied lot. This includes but is not
limited to abandoned walls, shafts, basements, excavations, abandoned
iceboxes, refrigerators, motor vehicles, any structurally unsound
fences or structures, and lumber, trash, litter, debris or vegetation,
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
[Amended 6-14-2016 by Ord. No. 16-O-03]
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation of Chapter 115, Fire Safety Code.
[Amended 6-14-2016 by Ord. No. 16-O-03]
Insufficient ventilation or illumination in
violation of this chapter.
[Amended 6-14-2016 by Ord. No. 16-O-03]
Inadequate or insanitary sewerage or plumbing
facilities in violation of this code.
Insanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Walks, roadways, parking lots and similar areas
open to the public which present hazardous conditions by reason of
poor maintenance.
Any person who has charge, care or control of a premises
or part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, including but not limited
to executor, executrix, administrator, administratrix, trustee, receiver
or guardian of the estate or as a mortgagee in possession regardless
of how such possession was obtained. Any person or occupant who is
a lessee subletting or reassigning any part or all of any structure
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by said lessee.
All of the following supplies, 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, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines and water pipes and lines
utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
The Public Services Director of the City of College Park
or such other person as the City Manager may specifically designate
such other officials as the Public Services Director may designate
to act in his/her behalf.
[Amended 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No. 91-O-24]
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
[Amended 6-14-2016 by Ord. No. 16-O-03]
Registered mail or certified mail.
Space in an enclosed building or space set apart by a partition
or partitions.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
[Amended 6-14-2016 by Ord. No. 16-O-03]
Any sanitary sewer owned, operated and maintained by the
Washington Suburban Sanitary Commission and available for public use
for the disposal of sewage.
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried wastes from any other fixture,
equipment or machine.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
is more than six feet above grade, such basement shall be considered
a "story."
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
See "floor area, superficial."
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Enclosed space containing one or more bathtubs, showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
B.
Meaning of certain words. Whenever the words "accessory
structure," "building," "premises," "room" or "structure" are used
in this code, they shall be construed, unless expressly stated to
the contrary, to include the plurals of these words and as if they
were followed by the words "or any part thereof." The word "shall"
shall be applied retroactively as well as prospectively.
A.
All nonresidential buildings and the premises on which
they are situated in the City used or intended to be used for commercial,
business or industrial occupancy or other nonresidential uses shall
comply with the provisions of this code, whether or not such buildings
shall have been constructed, altered or repaired before or after the
enactment of this code and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the buildings
or for the installation or repair of equipment or facilities prior
to the effective date of this code. This code establishes minimum
standards for the initial and continued occupancy and use of all such
buildings and does not replace or modify standards otherwise established
for the construction, repair, alteration or use of the buildings,
equipment or facilities contained therein, except as provided in § 157-8.
Where there is mixed occupancy, nonresidential use therein shall be
regulated by and subject to the provisions of this code.
B.
Inspection of nonresidential buildings and premises.
[Amended 9-10-1991 by Ord. No. 91-O-22]
(1)
The Public Services Director is hereby authorized
and directed to make inspections to determine the condition of nonresidential
buildings and premises located within the City of College Park, Maryland,
in order that he/she may perform his/her duty of safeguarding the
health and safety of the occupants of the dwellings and of the general
public. For the purpose of making such inspections, the Public Services
Director or his/her agent is hereby authorized, upon presentation
of proper credentials, to enter, examine and survey, at all reasonable
times, all nonresidential buildings and premises. The owner, operator
or occupant of every nonresidential building or the person in charge
thereof shall give the Public Services Director or his/her agent free
access to such nonresidential building and its premises at all reasonable
times for the purpose of such inspection, examination and survey.
Every occupant or operator of a nonresidential building shall give
the owner thereof or his/her agent or employee access to any part
of such nonresidential building 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.
(2)
If, upon presentation of proper credentials, the Public
Services Director or the Director's agent is denied entrance, said
officer shall give to the person denying entrance official notice
of a subsequent inspection not longer than 10 days from the date of
the notice and at a designated hour. If, within 10 days, upon the
second request to inspect the same premises, the Public Services Director
or his/her agent is again denied entrance, said Public Services Director
shall petition the appropriate legal body and shall acquire a warrant
permitting legal entrance into said premises.
[Amended 1-13-1998 by Ord. No. 97-O-22[1] ]
[1]
Editor's Note: This ordinance also repealed
former § 157-3B(2), which set forth the times during which
the Director is authorized to inspect buildings and 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 the Advisory Planning Commission, as provided in § 157-4A(2), B, C and E 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 hereinafter provided in § 157-4A(2), B, C and E.[2]
[Amended 9-24-2002 by Ord. No. 02-O-3]
[2]
Editor’s Note: Former Subsection D, Occupancy permit,
as amended, which immediately followed, was repealed 6-14-2016 by
Ord. No. 16-O-03.
A.
Notice; fine.
[Amended 3-24-1987 by Ord. No. 87-O-1; 9-10-1991 by Ord. No.
91-O-22]
(1)
Whenever the Public Services Director determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this article 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:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is
being issued.
(c)
Allow a reasonable time for the performance
of any act it requires.
(d)
Be served upon the owner or his/her agent or
the occupant or the operator, 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 or operator if a copy thereof is served
upon him/her personally or if a copy thereof is sent by certified
mail to his/her last known address or if a copy is posted in a conspicuous
place in or about the dwelling affected by the notice or if he/she
served with such notice by any other method authorized or required
under the laws of this state.
(e)
Contain the following items:
[1]
An outline of remedial action to be taken to
effect compliance with the provisions of this article and with rules
and regulations adopted pursuant thereto.
[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 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 noncompliance charge 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 thirty-day period, a second citation shall be delivered to him/her with the imposition of an additional noncompliance charge as set forth in Chapter 110, Fees and Penalties. For each successive thirty-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 noncompliance charge as set forth in Chapter 110, Fees and Penalties.
[Amended 12-10-1991 by Ord. No. 91-O-24]
(2)
Public nuisance-type violations adversely affecting the public 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 the requirements of § 6-102 et. seq. of the Local Government Article, of the Annotated Code of Maryland. If the violator fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of his/her intention to stand trial for the offense, the person shall be liable for the assessed fine as set forth in Chapter 110, Fees and Penalties. If the City, because of the urgency of having the violation corrected, 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 subject property. In addition to the foregoing, the Public Services Department is authorized to seek injunctive relief when the situation so warrants.
[Amended 12-10-1991 by Ord. No. 91-O-24; 6-14-2016 by Ord. No. 16-O-03]
C.
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 Board, provided that such person shall, within 10 days after
service of a notice or order, file in the office of the Public Services
Director 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 Director shall
forthwith notify the Board, and the Board shall set a time and place
for such hearing and shall give the person appealing and the Public
Services Director notice thereof. The Board shall determine such appeals
as promptly as practicable.
[Amended 9-10-1991 by Ord. No. 91-O-22]
D.
After such hearing, the Board may affirm, amend, modify
or withdraw the notice or order appealed from. The decision of the
Board 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.
E.
The decision of the Board shall in all cases be final,
except that any appellant or party directly aggrieved by a decision
of the Board 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
Board shall be conclusive and such review shall be limited solely
to errors of laws and questions of constitutionality. The decision
of the Board in any case on appeal shall be stayed pending a decision
of the court.
F.
Whenever the Public Services Director finds that an
emergency exists which requires immediate action to protect the public
health, he/she may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring such action to 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 Director, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon his/her findings as to whether the provisions of this article
and of the rules and regulations adopted pursuant thereto have been
complied with, the Public Services Director shall continue such order
in effect or modify it or revoke it. No notice may be required on
§ 157-6B(1)(a)[10] and [11] and B(2)(k) if deemed necessary.
[Amended 9-10-1991 by Ord. No. 91-O-22]
A.
General requirements.
(1)
Owners. Owners shall have all the duties and responsibilities
as prescribed in this code and the regulations promulgated pursuant
thereto, and no owner or operator shall be relieved from any such
duty and responsibility nor be entitled to defend against any charge
of violation thereof by reason of the fact that the occupant is also
responsible therefor and in violation thereof.
(2)
Occupant. Occupants shall have all the duties and responsibilities as prescribed in Subsection C and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
[Amended 9-10-1991 by Ord. No. 91-O-22]
(3)
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this code, the respective obligations
and responsibilities of the owner and operator on one hand and the
occupant on the other shall not be altered or affected by any agreement
or contract by and between any of the aforesaid or between them and
other parties.
B.
Duties and responsibilities of owner.
(1)
Maintenance of exterior of premises.
(a)
The exterior of the premises and all structures
thereon shall be kept free of all nuisances and any hazards to the
safety of occupants, pedestrians and other persons utilizing the premises
and free of insanitary conditions, and any of the foregoing shall
be promptly removed. It shall be the duty of the owner to keep the
premises free of hazardous areas, which include but are not limited
to the following:
[1]
Refuse: brush, weeds, broken glass, stumps,
roots, obnoxious growths, filth, garbage, trash, refuse and debris.
[2]
Natural growth: dead and dying trees and limbs
or other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, constitute a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such conditions.
[3]
Overhangings: loose and overhanging objects
and accumulations of ice or snow which, by reason of location above
ground level, constitute a danger of falling on persons in the vicinity
thereof.
[4]
Ground surface hazards or insanitary conditions:
holes, excavations, breaks, projections, objections and excretion
of pets and other animals on paths, walks, driveways, parking lots
and parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or insanitary conditions
with reasonable dispatch upon their discovery.
[5]
Recurring accumulations of stormwater. Adequate
runoff drains shall be provided and maintained to eliminate any such
recurrent or excessive accumulations of stormwater.
[6]
Foundation walls. Foundation walls shall be
kept structurally sound, free from defects and damage and capable
of bearing imposed loads safely.
[7]
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed. Chimneys, flues, gas vents or other draft-producing equipment
shall provide sufficient draft to develop the rated output of the
connected equipment, shall be structurally safe, durable, smoketight
and capable of withstanding the action of flue gases.
[Amended 9-10-1991 by Ord. No. 91-O-22]
[8]
Exterior stairs, porches, landings and balconies
and stairwells shall be provided with continuous walks or guards and
handrails. Stair handrails shall be not less than 30 inches nor more
than 33 inches above the nose of the stair treads. Stairways that
do not exceed 88 inches in width shall have handrails on both sides
projecting not more than 3 1/2 inches into the stair width, and
when the stair width exceeds 88 inches, the stairway shall be provided
with intermediate handrails dividing the stairway in approximately
equal widths with a maximum lateral spacing of 66 inches. The handrails
shall be returned to the enclosure walls or posts at the end of the
stairs. Each porch landing or balcony and the top of each stairwell
shall be protected by a continuous wall, guard or railing not less
than 42 inches above the level of the landing or floor. Exterior porches,
balconies, stair landings and stairwell guards or railings must have
an intermediate rail parallel to and located equidistant from the
platform or floor to the top rail or be provided with screens or balusters
with openings not to exceed eight inches in width.
[9]
Every basement door or window used or intended
to be used for access or ventilation and every other opening to a
basement which might provide an entry to rodents shall be supplied
with a screen or other device which will effectively prevent their
entrance.
[10]
Public nuisances, snow removal: It shall be
the duty of every owner, operator and occupant of a property to remove
and clear away any accumulated snow or ice from the portion of the
public sidewalk which abuts said property, and from paths, walks,
driveways, parking lots and parking areas and other areas which are
accessible and used by pedestrians and automobiles on the property,
within 24 hours of cessation of snowfall.
[Amended 6-14-2016 by Ord. No. 16-O-03]
[11]
The exterior of the premises and the condition
of accessory structures shall be maintained so that the appearance
of the premises and all buildings thereon shall reflect a level of
maintenance in keeping with the standards of the neighborhood or such
higher standards as may be adopted as part of a plan of urban renewal
by the City of College Park and such that the appearance of the premises
and structures shall not constitute a blighting factor for adjoining
property owners nor an element leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying diminution
of property values, including the following:
[a]
Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept cut and trimmed and kept from being overgrown and unsightly. All turf grass used as ground cover, which for the purpose of this article shall include weeds, shall not be permitted to grow to a height of more than one foot, except as allowed for naturalized or native managed landscapes. Following notification of noncompliance, penalties for violation of this subsection are listed under § 157-4A(2).
[Amended 9-10-1991 by Ord. No. 91-O-22; 5-22-2018 by Ord. No. 18-O-05]
[b]
Windows. All windows exposed to
public view shall be kept clean and free of marks or foreign substances,
except when necessary in the course of changing displays. Windows
will be maintained without open cracks or holes. No storage of materials,
stock or inventory shall be permitted in window-display areas or other
areas ordinarily exposed to public view unless said areas are first
screened from the public view. All screening of interiors shall be
maintained in a clean and attractive manner and in a good state of
repair.
[c]
Storefronts. All storefronts shall be kept in good repair, painted,
where required, and shall not constitute a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made with the same or similar material used in the construction
of the storefront in such manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
[d]
Awnings and marquees. Any awning
or marquee and its accompanying structural members which extend over
any street, sidewalk or other portion of the premises shall be maintained
in good repair and shall not constitute a nuisance or a safety hazard.
All repairs of damaged areas shall be of a permanent nature with like
or similar material used. In the event that such awnings or marquees
are not properly maintained in accordance with the foregoing, they
shall, together with their supporting members, be removed forthwith.
In the event that said awnings or marquees are made of cloth, plastic
or of similar materials, said cloth or plastic, where exposed to public
view, shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks or other parts of the public domain.
[12]
Grading or construction 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.
[Added 6-14-2016 by Ord.
No. 16-O-03]
(b)
Structural soundness and general exterior maintenance.
[1]
The exterior of every structure or accessory
structure (including fences, signs and storefronts) shall be kept
painted or whitewashed where necessary for purposes of preservation
and appearance. All surfaces shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, excessive peeling paint
or other condition reflective of deterioration or inadequate maintenance,
to the end that the property itself may be preserved, safety and fire
hazards eliminated and adjoining properties and the neighborhood protected
from blighting influences.
[2]
Reconstruction of walls and sidings. All reconstruction
of walls and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used will not be of a kind that, by their appearance under prevailing
appraisal practices and standards, will depreciate the value of neighboring
and adjoining premises, as aforesaid.
(c)
Basements. Basements and crawl spaces are to
be free of moisture resulting from seepage, and cross ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
(d)
Freedom from infestation. All parts of the premises
shall be maintained so as to prevent infestation.
(2)
Interior maintenance.
(a)
Floors, interior walls and ceilings. Floors,
interior walls and ceilings of every structure shall be structurally
sound and maintained in a clean and sanitary condition. The floor
area around storage bins and/or stock areas is to be kept clean and
free from obstructions.
(b)
Washroom and water-closet compartment floors
shall be surfaced with water-resistant material and shall be kept
in a dry, clean and sanitary condition at all times.
(c)
Basement floors. Floors of basements shall be
paved with stone or concrete or other suitable materials and shall
be maintained at all times in a condition so as to be smooth, clean
and free from cracks, breaks and other hazards.
(d)
Supporting structural members. Supporting structural
members are to be kept structurally sound, free of deterioration and
capable of bearing imposed loads safely.
(e)
Walls and ceilings generally. Walls and ceilings
shall be considered to be in good repair when clean and free from
cracks, breaks, loose plaster and similar conditions. Walls shall
be provided with paint, paper, sealing material or other protective
covering so that said walls and ceilings shall be kept clean, free
of visible foreign matter, sanitary and well-maintained at all times.
(f)
The owner or operator shall have the duty and responsibility of removing garbage, as otherwise provided in this code. Commercial establishments not under contract for refuse service from the City must have at least twice-a-week trash pickup service from a reputable commercial refuse service company. If deemed necessary, more frequent pickups may be made. See Chapter 141 for other requirements if commercial dumpster service is being utilized.
(g)
Designated storage bins, rooms and areas shall be used for accumulating garbage or refuse. Flammable or combustible liquids or other materials may not be stored on the premises unless they are of a type that is compliant with Chapter 115 of this Code, and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations.
[Amended 6-14-2016 by Ord. No. 16-O-03]
(h)
Interior stairs shall be provided with continuous
walks or guards and handrails. Stair handrails shall be not less than
30 inches nor more than 33 inches above the nose of the stair treads.
All required stairways or those open to the public that do not exceed
88 inches in width shall have handrails on both sides projecting not
more than 3 1/2 inches into the stair width. When the stair width
exceeds 88 inches, the stairway shall be provided with intermediate
handrails dividing the stairway in approximately equal widths with
a maximum lateral spacing of 66 inches. The handrails shall be returned
to the enclosure wall or posts at the end of the stairs. Each stair
landing and the top of each stairwell shall be protected by a continuous
wall, guard or railing not less than 42 inches above the level of
the landing or floor. Stair landings and stairwell guards or railings
must have an intermediate rail parallel to and located equidistant
from the platform or floor to the top rail or be provided with screens
or balusters with openings not to exceed eight inches in width.
(i)
Every egress door, door hinge and latch is to
be in good repair. When closed, the door must fit reasonably well
within its frame to exclude rain and substantially to exclude wind
from entering the structure. Bathrooms, private or public, must have
doors with automatic door closers and latches with lock mechanisms
and be in good repair.
(j)
[2]All exit signs, lights and emergency lights are to be in
good repair and operating efficiently.
[2]
Editor’s Note: Former Subsection B(2)(j), which set
forth the number of egresses required based on the capacity of the
building, was repealed 6-14-2016 by Ord. No. 16-O-03. Said ordinance
also redesignated former Subsection B(2)(k) as Subsection B(2)(j).
(k)
The owner and operator shall be responsible for the elimination of
infestation in and on the premises subject to his/her control.
[Added 6-14-2016 by Ord.
No. 16-O-03]
(3)
Utilities and facilities.
(a)
Adequate supply of City water. Every facility
using running water for domestic purposes within any building shall
be connected to the public water supply system of the City. The water
system shall be maintained in good and operable condition at all times
so that sufficient and positive pressure shall be available at all
installed hot- and cold-water faucets.
(b)
Maintenance of plumbing facilities. Every facility required under Subsection B(3)(a), (c) and (d) hereof shall be maintained in a sanitary condition, free of defects and in operating condition at all times. Where said facility or plumbing fixtures shall be clogged, overflow or otherwise necessitate repairs, such repairs shall be performed forthwith.
(c)
Connection to sanitary sewer. All plumbing fixtures
shall be connected to the sanitary sewer through lines which are free
of leaks, corrosion or deterioration and provide unobstructed passage
from the plumbing facilities within the dwelling to the sanitary sewer.
(d)
Every nonresidential building of a permanent
nature, except automobile storage garages and sheds, shall contain
within that building one flush toilet and one washbasin for each eight
employees regularly on the premises.
(e)
Electricity and lighting.
[1]
Electrical power through safely insulated conduits
conforming to the Prince George's County Electrical Code[3] shall be supplied to the following:
[a]
Nonresidential buildings regularly utilized
for business, industrial, commercial or institutional work and activities.
[b]
Garages designed for use by four or more motor
vehicles.
[c]
Every washroom and water-closet compartment, with permanently installed
artificial lighting fixtures with a switch and wall plate so located
and maintained that there is no danger of shortcircuiting from water,
from other washroom facilities or from splashing of water.
[2]
All garages and nonresidential buildings required
to have electric service shall also be provided with artificial lighting
installations and fixtures conforming to the following requirements:
[a]
All such fixtures shall be operable from a switch
located near the point of ingress to the space lighted.
[b]
All portions of the premises which are regularly
utilized for work and activities and all hallways, stairways, landings
and other spaces normally used as a means of passage by the occupants
shall be illuminated by at least five footcandles (five lumens), measured
in the darkest portions thereof, and all other portions regularly
traversed by occupants of the premises; and all basements, storage
areas and other parts of the structure used occasionally and incidentally
by the occupants shall be illuminated by at least three footcandles
(three lumens), measured in the darkest portions thereof.
[3]
Maintenance of electrical and lighting facilities.
[a]
Loose or exposed wiring. Except as hereinafter
stated, all wiring or cables shall be properly affixed or attached
to the structure. Insulation shall be provided for all wiring and
cables and kept in good repair. No loose cords or loose extension
lines in excess of six feet in length shall be permitted, and no ceiling
or wall fixture shall be used for supplying power to equipment other
than that for which it is designed.
[b]
Replacement of light bulbs. All required lighting
fixtures shall be supplied at all times with functioning light bulbs
of sufficient wattage to supply the lumen requirements of this code.
[4]
Fuse requirements. Maximum fuse sizes consistent
with safety shall be posted conspicuously on the inside cover of all
fuse boxes, and no fuse shall be installed therein in excess of the
stated maximum, except that owners shall not be responsible for violation
in fuse installations without their knowledge where the correct maximum
is stated and the fuse box is located within any part of the premises
which is in the exclusive possession of occupants other than the owner.
[5]
Overloading of circuits. Overloading of circuits
is prohibited. Where it is found after notice and hearing that, by
reason of the appliances and fixtures, there is continuing overloading
of an electrical line creating a hazard, the owner shall be required
to install a line of sufficient capacity to absorb the load to which
the line is subjected or otherwise eliminate the conditions causing
the overload. For purposes of this subsection, the Public Services
Director may consider the peak seasonal load to which the line is
subject.
[Amended 9-10-1991 by Ord. No. 91-O-22]
C.
Duties and responsibilities of occupant.
(1)
Cleanliness and sanitation. All parts of the premises
under the control of the occupant or operator shall be kept in a clean
and sanitary condition, and the occupant shall refrain from performing
any acts which would render other parts of the premises unclean or
insanitary or which would prevent the owner or operator from performing
any duty required hereunder or maintaining the premises in a clean
and sanitary condition.
[Amended 6-14-2016 by Ord. No. 16-O-03]
(3)
Installation and maintenance of heating equipment.
Where any occupant undertakes to install heating equipment, the same
shall conform to the requirements of the City's Building Code. The
occupant shall thereafter be responsible for maintaining such equipment
installed by him/her in good repair and operating condition during
all times that the heating equipment shall remain under his/her control.
The area around the heating equipment shall be kept clean and free
of any material and be accessible for servicing. No flammable materials
shall be stored in this area.
[Amended 6-14-2016 by Ord. No. 16-O-03]
(4)
Maintenance of plumbing. Every occupant shall maintain
all plumbing fixtures used by him/her in a clean and sanitary condition,
and he/she shall not deposit any material in any fixture of the sewer
system which would result in stoppage of or damage to the fixture
or sewer system.
(5)
Providing notice of defect to owner. Where the owner
or operator would not otherwise know of a defect of any facility,
utility or equipment required to be furnished hereunder and the same
is defective or inoperable, each occupant affected thereby shall,
upon learning of said defect, provide notice to the owner or other
person in charge of the premises. Nothing herein shall be construed
to provide a defense to any owner violating this code.
The designation of nonresidential buildings
as unfit for human use and the procedure for the condemnation and
placarding of such nonresidential buildings shall be carried out in
compliance with the following requirements:
A.
Any nonresidential building which shall be found to
have any of the following defects shall be condemned as unfit for
human use and shall be so designated and placarded by the Public Services
Director:
[Amended 9-10-1991 by Ord. No. 91-O-22]
(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 sanitary
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 the public.
B.
Action upon condemnation.
[Amended 9-10-1991 by Ord. No. 91-O-22]
(1)
Any nonresidential building condemned as unfit for
human use and so designated and placarded by the Public Services Director
shall be vacated within a reasonable time, as ordered by the Public
Services Director. The Public Services Director shall remove such
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
(2)
In the event that the Public Services Director shall find that the property owner has failed to correct the defects noted in the placarding of the nonresidential building within 90 days, the Public Services Director shall order the demolition of the nonresidential building 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 C of this section shall be ordered demolished or abated by the Public Services Director, and appeals shall be heard as provided in § 157-4C. The cost of demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes.
C.
No person shall deface or remove the placard from any nonresidential building which has been condemned as unfit for human use and placarded as such, except as provided in Subsection B.
D.
Any person affected by any notice or order relating to the condemning and placarding of a nonresidential building as unfit for human use may request and shall be granted a hearing on the matter before the Advisory Planning Commision, under the procedure set forth in § 157-4 of this article.
[Amended 9-24-2002 by Ord. No. 02-O-3]
E.
The Advisory Planning Commission, upon information from the Public Services Director that any nonresidential building within the corporate limits of the City has been ordered demolished or repaired under the provisions of § 157-6B, 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. On the scheduled date of the hearing, the Advisory Planning 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.
[Added 6-14-2016 by Ord.
No. 16-O-03]
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 § 157-9, Hearings, as amended,
which immediately followed, was repealed 6-14-2016 by Ord. No. 16-O-03.