"General. The executive official in charge of property maintenance
inspection shall be known as the "Property Maintenance Code Official,"
who shall be hereinafter referred to as the 'Code Official.'
"
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"Appointment. The Property Maintenance Code Official shall be
appointed by the Commissioners of Ridgely."
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"Fees. The fees for activities and services performed by the
Code Official or his agents in carrying out the responsibilities under
this code shall be established by resolution of the Commissioners
of Ridgely."
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Section 104.4 Right of entry; administrative search warrants. The Code Official may apply to a judge of the District Court or
Circuit Court for an administrative search warrant to enter any premises
to conduct any inspection required or authorized by law to determine
compliance with the provisions of this code.
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1.
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The application for an administrative search warrant shall be
in writing and sworn to by the applicant and shall particularly describe
the place, structure, premises, etc., to be inspected and the nature,
scope and purpose of the inspection to be performed by the applicant.
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2.
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Before filing an application for an administrative search warrant
with a court, the Code Official shall obtain approval by the Town
attorney as to its legality in both form and substance under the standards
and criteria of this section and a statement to this effect shall
be included as part of the application.
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3.
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A judge of a court referred to in this section may issue the
warrant on finding that:
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a.
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The applicant has sought access to the property for the purpose
of making an inspection; and
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i.
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After requesting, at a reasonable time, the owner, tenant or
other individual in charge of the property to allow access, has been
denied access to the property; or
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ii.
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After making a reasonable effort the applicant has been unable
to locate any of these individuals.
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b.
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The requirements of subsections 1 and 2 of this section are
met.
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c.
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The Code Official is authorized by law to make an inspection
of the property for which the warrant is sought; and
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d.
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Probable cause for the issuance of the warrant has been demonstrated
by the applicant by specific evidence of an existing violation of
any provision of this code or any rule or regulation adopted under
this code or by showing:
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i.
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That a reasonable administrative inspection program exists regarding
the condition of the property, and
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ii.
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That the proposed inspection comes within that program.
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4.
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An administrative search warrant issued under this section shall
specify the place, structure, premises, vehicle or records to be inspected.
The inspection conducted may not exceed the limits specified in the
warrant.
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5.
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An administrative search warrant issued under this section authorizes
the applicant and other officials or employees of the city to enter
specified property to perform the inspection, sampling and other functions
authorized by law to determine compliance with the provisions of this
code.
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6.
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An administrative search warrant issued under this section shall
be executed and returned to the judge by whom it was issued within:
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a.
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The time specified in the warrant, nor to exceed 30 days; or
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b.
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If no time period is specified in the warrant, 15 days from
the date of its issuance.
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Section 106.3.1. Prosecution of grass violation. When the Town of Ridgely must mow the grass due to the lack of response
from the property owner, after due notice has been given, this section
is amended to include the stipulation regarding fees for repeat acts
of violation:Editor's Note: This ordinance was mistakenly adopted
as Ord. No. 2011-04 and was renumbered as Ord. No. 343 on 9-19-2011.
This ordinance also provided that it would include all active cases.
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1.
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First mow upon violation shall be a minimum of $100 for the
cut and an administrative fee of 15%.
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2.
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The second mow upon violation for the same property shall include
a fine of $100, in addition to the minimum mowing charge of at least
$100 and an administrative fee of 15%.
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3.
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The third mow upon violation for the same property shall include
a fine of $200, in addition to the minimum mowing charge of at least
$100 and an administrative fee of 15%.
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This fine shall be progressive in increments of $100 for each
repeated grass violation for the property.
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The fees/fines reset at the beginning of each calendar year
(January).
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Unpaid charges shall become a lien upon the property.
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Section 106.6. Fines for violation of this chapter
shall be in accordance with a schedule of fines for such violations
adopted, from time to time, by resolution of the Commissioners of
Ridgely, which schedule of fines may be different from the fines established
for violations of other sections of the Town Code.
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"Method of Service. Such notice shall be deemed to have been
properly served if a copy thereof is:
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1.
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Delivered personally;
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2.
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Sent by certified or first class mail addressed to the last
known address; or
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3.
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If the notice is returned showing that the property owner refused
to accept the notice, or that the notice was not delivered, a copy
thereof shall be mailed to the property owner's last known address,
and shall be posted in a conspicuous place in or about the structure
affected by such notice, if improved, or on the land, if unimproved,
and if the residence or the place of business of the person to be
notified is located within the Town, then by posting such notice at
such residence or at such place of business."
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Section 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official,
or any of the persons listed in Section 108.1.5 finds that such structure
is unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
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Section 108.1.6. Expansion of listed officials. Where the condition giving rise to the emergency consists of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
material, the decision to condemn the property shall be made by the
State Fire Marshal. In the case of untreated sewage, the decision
to condemn shall be made by the acting senior officer of the Ridgely
Public Works Department, if available, otherwise by the Director of
the Caroline County Public Health Department or his designee.
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"collectible in the same manner as is provided for the collection
of annual real estate taxes or by an action at law."
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"collectible from the owner of the premises in the same manner
as is provided for the collection of annual real estate taxes or by
an action at law."
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"collectible in the same manner as is provided for the collection
of annual real estate taxes or by an action at law."
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302.4.1
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Noxious vegetation defined: any and all plants, grasses, bushes,
poison oak, poison ivy, bamboo or any other flora that either by growth
or by accumulation constitutes a fire hazard or menace to public health.
A generalized growth over six inches in height of any of the foregoing
is presumptively deemed a menace to the public health and a fire hazard.
Any branch of a tree within 12 feet of the ground or of a shrub or
any root thereof that intrudes upon any public right-of-way within
the corporate limits of the Commissioners of Ridgely is presumptively
noxious vegetation. Excluded from this definition are crops on soil
under cultivation, trees, ornamental shrubbery and flowers, vegetable
gardens and any plant acceptable to the local Soil Conservation Service
district office for soil stabilization purposes.
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302.4.2
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Duty of property owners and occupants. All premises
and exterior property shall be maintained free from noxious vegetation.
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302.4.3
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Notice of violation; removal by Town. Upon the
failure, refusal or neglect of the owner, occupant or agent in charge
to eliminate noxious vegetation, the Town Clerk/Treasurer shall cause
to be personally delivered or mailed a notice to the occupant (if
known) and to the property owner at the address listed among the property
tax rolls. Such notice shall warn that person to comply with this
chapter within two weeks from the date of the notice. If such notice
fails to cause compliance, the Town Clerk/Treasurer may cause the
noxious vegetation to be cut, or the Commissioners of Ridgely may
take such other action at law or in equity as may be required.
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302.4.4
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Assessment of removal costs. Whenever it is necessary
for the Town Clerk/Treasurer to have noxious vegetation cut, as provided
in the preceding subsection, the greater of (a) $100 or (b) the actual
cost of labor and material used to do the cutting plus an administrative
charge of 15% shall be a debt owed to the Commissioners of Ridgely
by the owner, occupant and any agent in charge and will be placed
by the Town Clerk/Treasurer upon the property tax bill of the property
owner and collected in the manner in which delinquent property taxes
are collected, or the Commissioners of Ridgely may collect it by such
other action at law as they deem appropriate.
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302.8.
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Motor vehicles. Except as provided for in other
regulations, no inoperative, unregistered or unlicensed motor vehicle,
trailer or watercraft shall be parked or stored on any premises, and
no such motor vehicle, trailer or watercraft shall at any time be
in a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Painting a motor vehicle, trailer or watercraft
is prohibited unless conducted inside an approved spray booth.
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Exception: A motor vehicle, trailer or watercraft
is permitted to undergo major overhaul, including body work, provided
that such work is performed inside a structure of similarly enclosed
area designed and approved for such purposes.
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302.8.1 Six-month permit.
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A.
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The owner of an inoperative or unlicensed vehicle, trailer, or watercraft may apply for a permit to store such vehicle, trailer, or watercraft on his/her property, or on property which such owner occupies as a lawful tenant thereof. No application shall be considered unless signed by all fee-simple owners of the property, by which said owners indicate their consent to the issuance of such permit and that they acknowledge ultimate financial responsibility for the removal of such vehicle, trailer, or watercraft should it remain on the property, in violation of this ordinance, after the expiration of any permit which may be issued pursuant to Subsection B of this Section 302.8.1.
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B.
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The Town may issue a permit for a period not to exceed six months upon receipt of an application as presented in Subsection A of this section. No permit will be renewed after the initial six months. However, the applicant can at any time obtain an automotive tarp designed to fit snugly on the type or style of vehicle, trailer, or watercraft for which a permit is sought and to keep said vehicle, trailer, or watercraft covered with such tarp, and/or apply for a fence permit to shield such vehicle, trailer, or watercraft from public view.
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304.2.1 Waiver. The provisions of 304.2 shall be
waived where the owner can demonstrate undue hardship. Any person
who is eligible for the property tax credit provided under § 9-401
of the Tax Property Article of the Annotated Code of Maryland (2007
Repl. Vol.) or corresponding future provision thereof.
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602.3.1 Portable kerosene heaters. Portable kerosene
heaters cannot be used alone.
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Section 704.2. Smoke alarms, power source and interconnection. See Code of Maryland Regulations § 29.06.01 et seq.
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