[HISTORY: Adopted by the Commissioners of the Town of Princess Anne 6-7-1999
by Ord. No. 99-05. Amendments noted where applicable.]
The following terms, whenever used herein, shall have the same meaning
assigned unless a different meaning clearly appears from the context:
A building or portion thereof arranged or designed for residential
occupancy, including but not limited to an apartment, accessory apartment,
efficiency apartment, boardinghouse, rooming house, single-family dwelling
and multifamily dwelling.
It shall be unlawful for any person to rent a dwelling or dwelling unit
within the Town of Princess Anne until the required residential rental license
has been applied for and obtained as set forth herein, subject only to the
twenty-day grace period set forth below.
[Amended 3-6-2000 by Ord. No. 2000-03; 5-24-2004
by Ord. No. 2004-3]
Within 20 days of the enactment of this chapter, the legal owner of
record or his or her agent shall make an application at the Code Enforcement
Office for a residential rental license on forms to be provided by the Town.
Such application shall be submitted together with a license fee as set by
the President and Commissioners by resolution from time to time. Any owner
or agent who has applied for a license will be permitted to rent the dwelling
unit until the application can be processed, the inspection hereinbelow is
made and the application is either approved or denied.
[Amended 3-6-2000 by Ord. No. 2000-03; 5-24-2004
by Ord. No. 2004-3; 4-10-2006 by Ord.
No. 2006-3]
A residential rental license shall be valid for a term of one year from
the date of application or until the ownership of the property is transferred,
whichever occurs first. Each license shall be renewed on or before the anniversary
date of its application. The fee for the renewal shall be as set by the President
and Commissioners by resolution from time to time. The fee shall be waived
for an existing residential rental unit owner(s), provided that the owner
or the owner’s agent applies for the residential rental license within
20 days after the final passage of this chapter.
A.
A residential rental license shall only be issued or
renewed after the Code Enforcement Officer for the Town of Princess Anne has
determined that the unit for which such license is sought is in compliance
with the laws and ordinances of the Town and the proper fee has been paid.
In order to make such determination, the Code Enforcement Officer shall inspect
the unit, including all common areas and property under the same ownership.
The fees for inspections shall be as determined by the President and Commissioners
by resolution from time to time.
[Amended 5-24-2004 by Ord. No. 2004-3; 4-10-2006
by Ord. No. 2006-3]
B.
Permission for such an inspection, without having to
obtain any further permission or a judicial warrant, is a condition for the
issuance of any license, and failure to permit such an inspection shall constitute
reason to deny or not renew a license.
C.
In the event that a violation is found by the Code Enforcement
Officer, he or she shall provide written notice of the violation to the owner
of the property or his or her agent at the address shown on the license application,
and the owner has 15 days from the date of said notice to correct said violation
and notify the Code Enforcement Officer so that he or she may reinspect to
determine compliance.
[Amended 5-24-2004 by Ord. No. 2004-3]
D.
The decision of the Code Enforcement Officer to disapprove
an application for a residential rental license may be appealed by the applicant
to the Town Manager and Town Commissioners by requesting an appeal in writing
within 10 days of the notice of disapproval. In the event that an appeal is
noted by the applicant, the appeal shall act as a stay on the disapproval
until a decision by the Town Commissioners.
A license may be suspended by the Code Enforcement Officer if he or she finds that any provision of this chapter has not been complied with. Such suspension shall occur only after written notice of such violation has been provided to the owner or his or her agent at the address shown on the application and a reasonable time has been afforded to the owner to correct the violations. The owner may note an appeal under the provision set forth in § 120-5D, and such appeal will stay the suspension until completed.
[Amended 5-24-2004 by Ord. No. 2004-3]
Every owner or agent must produce and show, on demand by a prospective
tenant or tenants, a valid residential rental license for the dwelling rented
or to be rented. In addition, the rental license must be displayed in a place
(common area) within the dwelling so as to be easily viewed.
B.
If the penalty shall go unpaid for a period of 10 days
after receipt of such infraction, the penalty will be assessed against the
property, and if the same is not paid within the time aforesaid, then the
amount thereof or so much thereof as shall remain unpaid shall be assessed
against the property involved and collected in the same manner that town taxes
are now collected by law.
C.
Failure or refusal to comply with the provisions of this
chapter may, in addition to any other remedy provided herein or in place thereof,
be restrained, prohibited or enjoined by a court of competent jurisdiction.
