As used in this chapter, the following terms shall have the
meanings indicated:
CITY
The City of Hagerstown, Maryland.
CODE
The Code of the City of Hagerstown, as from time to time
amended.
CODE ADMINISTRATION
The Code Administration Division of the Planning and Code
Administration Department.
CODE OFFICIAL
Any official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
CRIME-FREE HOUSING SEMINAR
A seminar sponsored by the City to provide information to
landlords and their designated agents regarding the crime-free requirements
of this chapter, the lease provisions required hereunder, tenant application
and criminal background review procedures, and fair housing laws.
DEPARTMENT
The Planning and Code Administration Department of the City
of Hagerstown.
DESIGNATED AGENT
An individual expressly designated by a landlord who actively
operates or manages the landlord's rental unit(s) for the landlord.
DORMITORY
A structure specifically designed and used for long-term
stay by students of a college, university, or other academic or trade
school for the purpose of providing rooms for sleeping purposes.
EXEMPT TENANT
A tenant of a single-unit rental facility who is related
to an owner of said facility as grandparent, parent, sibling, child,
or grandchild, whether naturally, step or in-law.
HPD
The Hagerstown Police Department.
LANDLORD
The owner of a residential rental facility or rental unit(s).
OWNER
Any person, partnership, association, company, corporation,
trust or other entity having a legal or equitable interest in or control
of a rental facility. "Owner" shall also mean any person who, alone,
jointly or severally, shall have the charge, care or control of any
premises as executor, administrator, trustee or guardian of the estate
of the owner. "Owner" shall also mean any person having any interest
in a partnership, association, company, corporation, trust or other
entity which owns or has any ownership interest or control of a premises.
Any person, firm, partnership, association, company, corporation,
trust or other entity whose name appears on the deed or property tax
bill for the premises shall be deemed to be the owner of the premises.
OWNER-OCCUPIED
When any owner actually resides on a regular permanent basis
and has his/her sole primary residence in or at a premises which includes
a rental unit.
PREMISES
Any single parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a rental facility
is located.
PROPERTY MAINTENANCE CODE
The Property Maintenance Code, as set forth in Attachment 3 of Chapter
64 of the Code, as from time to time amended.
REASONABLE STEPS
In relation to §
197-9, Enforcement of crime-free provision, "reasonable steps" are measures instituted and/or supported by the owner to proactively and progressively respond to receipt of a notice of HPD qualifying calls, as defined in Chapter
95 of the Code, and/or a chronic nuisance designation. Such measures may include but not be limited to written notifications to tenant(s), use of no-trespass letters, legal remedies, and/or additional training for the owner. Reasonable steps include communication and cooperation with HPD.
RENTAL FACILITY
A.
A structure containing one or more rental units.
B.
As used in this chapter, "rental facility" shall not include:
(1)
A rental facility where any portion of the premises is owner-occupied
and said premises contains no more than one rental unit.
(2)
A rental facility which is owned and operated by the Housing
Authority of the City of Hagerstown.
(3)
A rental facility which is occupied as the primary residence
by a purchaser of the facility under a land installment that is in
compliance with the requirements of the Maryland Real Property Article
§ 10-101 et seq. and which contains no more than one rental
unit.
RENTAL UNIT
Any single dwelling unit located in the City which is rented,
leased or let, whether for consideration or not, by the owner of said
premises to one or more tenants for occupancy as a residence. As used
in this chapter, a "rental unit" shall include a rooming unit contained
in a rooming house facility or dormitory. A "rental unit" shall not
include a unit actually being used for traditional hotel, motel, bed-and-breakfast,
nursing home or hospital purposes.
ROOMING HOUSE FACILITY
A rental facility which consists of rental units that are
not equipped with individual bathroom and kitchen facilities but share
common bathroom and kitchen facilities within the rental facility.
ROOMING UNIT
A room intended for living and sleeping purposes within a
rooming house facility.
SAFETY INSPECTION
A limited inspection of occupied units that will focus on
life safety standards defined in a safety inspection standards policy
adopted by the Mayor and City Council.
It shall be unlawful for the owner(s) of any rental facility
to enter into a residential lease with a tenant for a rental unit
or permit occupancy of any rental unit by another unless said rental
unit is currently licensed by the City and said license has not been
denied, revoked or suspended.
In addition to the inspection requirements of §
197-6 of this chapter, an applicant for a rental facility license shall provide the following information for each rental facility on the appropriate application form provided by Code Administration:
A. The address of the rental facility.
B. The number of rental units contained in the rental facility.
C. The name, street address and telephone number and email of all owners
of the rental facility.
D. If the owner of the rental facility is not an individual, the applicant
shall provide the owner's name, street address and telephone
number and the resident agents name and address.
E. The name, street address and telephone number of a designated contact
person for the owner(s).
F. The name and address of the landlord or designated agent who is certified
as a residential operator.
G. Except for a single-unit rental facility occupied by an exempt tenant,
except for a newly constructed rental facility and/or except for an
existing rental facility renovated under permit to the Partners in
Economic Progress (PEP) standards during the four-year period immediately
following the issuance of the use and occupancy permit, payment of
a nonrefundable annual license fee of:
(1) Seventy-five dollars per rental unit; or
(2) One hundred dollars for each rooming house facility, or dormitory,
plus $10 for each rental unit in said rooming house facility or dormitory.
H. Annual written acknowledgment of the landlord or designated agent of his, her, or its obligations and responsibilities pursuant to this Chapter
197 and Chapter
95 of the Code. So long as not revoked as provided herein, and subject to the requirements of §
197-7B hereof, receipt of the acknowledgment shall establish the certified residential operator status of the landlord or agent.
I. Transfer of license.
(1) If an applicant for or the holder of a license transfers ownership
or no longer is an agent for the licensed rental facility, the applicant
or licensee must notify Code Administration within 60 days of the
change. Code Administration may reject an application or suspend or
revoke a license if the applicant or licensee does not notify Code
Administration as required by this subsection.
(2) Any person or entity who takes over the operation of a licensed rental
facility may transfer the license for the unexpired portion of the
term for which it was issued by applying to Code Administration. Applications
made within 30 days after taking over operation are not subject to
a transfer fee. Applications made 30 to 60 days after transfer shall
require a transfer fee of $25 per license. Transfer notifications
associated with the annual application renewal between May 1 and June
30 are not subject to a transfer fee. Nothing in this section affects
the validity of any sale, transfer, or disposition in any interest
in real estate.
(3) Failure to notify Code Administration of a transfer within 60 days
requires a new rental application and license fee.
J. Payment for said license shall be due in full from the owner within 90 days from the application mailing. Failure to remit payment in full may result in collection pursuant to Article III, Tax Liens, §
223-11 of the City Code, or by other civil proceeding.
The applicant shall notify Code Administration when any rental
unit of a licensed rental facility becomes vacant if the applicant
intends to offer the unit for rent and the unit has not been inspected
in the preceding 48 months. Code Administration shall notify the applicant
of required interior inspections of all rooming house facilities and
rooming units.
It shall be a violation of this chapter for a licensee, landlord or designated agent to knowingly permit a tenant(s), occupant(s), a tenant's guest(s), or any person(s) under a tenant's control to violate the crime-free housing provision of a lease after receiving notice that said location has been deemed a chronic nuisance property pursuant to Chapter
95 of the Code, without taking reasonable steps to enforce said provision.
Upon receipt of a completed application form and full payment of the appropriate fee, Code Administration shall issue a rental facility license for the subject rental facility within 30 days, unless such license is or has been denied or revoked pursuant to §
197-12 hereof, or unless there is no current valid certification of the landlord or designated agent as a certified residential operator. Said license shall expire on its anniversary date and shall be renewable annually, with application for said renewal being made at least 60 days prior to the expiration date of the then-current license. A license renewal application shall be on the form provided by Code Administration.
HPD shall offer a more-extensive voluntary program whereby residential
rental properties may be afforded certain designations upon satisfaction
of established criteria by the owner, landlord or designated agent,
in recognition of crime prevention steps taken at the property.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstance is
held to be invalid, such invalidity shall not affect the other provisions
or applications of this chapter which can be given effect without
the invalid provision or application.
Any owner violating the requirements of this chapter shall be
guilty of a municipal infraction and shall be punished by a fine not
exceeding $1,000. Any such violation shall be cited as a prepayable
fine in the amount of $500. Each day a violation exists shall be considered
a separate and distinct violation. In addition, the City may avail
itself of all civil remedies, including a petition for injunctive
relief from a court of competent jurisdiction.
A. If the Department revokes a rental license under the provisions of §
197-12, the subject rental facility shall be vacated within 60 days of the revocation and remain vacant until such time the violations have been abated and the rental license has been reinstated. City actions to ensure vacancy may include disconnection of City utilities to the affected rental facility.