Town Code & Ordinances Ordinance — Ordinance-21-02

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ORDINANCE NO. 21-02
Introduced By: Thomas B. Willis, Jr.; President
Ar[ ORDINANCE OF THE TOW][ OF QUEENSTOWI\ ADOPTING THE
2O2I EDITION OF THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, AS AMENDED BY THIS ORDINAIICE, AS THE
PROPERTY MAINTENA}ICE CODE OF THE TOwl\ OF
QUEENSTOWN, Al[D REPEALTNG ALL ORDINA|ICES IN CONFLICT
IIEREWITII
WHEREAS, Md. Code Ann. Local Government Article $ 5-211 confers upon
municipalities the power to make reasonable regulations concerning buildings, including the
adoption of a building code; and
WHEREAS, by Ordinance 16-09 the Town previously adopted portions of the 2015
Edition of the International Property Maintenance Code, which is codified in Chapter 9 of the
Queenstown Town Code; and
WHEREAS, the Commissioners of Queenstown deem it desirable and in the public
interest to adopt the 2021 Edition of the International Property Maintenance Code, a copy of
which is attached hereto, and as amended by this Ordinance, as the Town of Queenstown
Property Maintenance Code, which sets forth the minimum regulations governing the conditions
and maintenance of all property, buildings and structures, provides the standards for supplied
utilities and facilities and other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use, and sets forth the procedure for the
condemnation of buildings and structures unfit for human occupancy and use and the demolition
of such structures.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE
coMMrssroNERs oF QUEENSTOWN AS FOLLOWS:
SECTION 1. The Commissioners of Queenstown hereby adopt the 2021 Edition of the
International Property Maintenance Code, a copy of which is attached hereto and incorporated by
reference herein, as amended by this Ordinance.
SECTION 2. Chapter 9, Article I, of the Queenstown Town Code is hereby repealed in
its entirety and adopted as follows:
CHAPTER 9. PROPERTY MAINTENANCE
Section 9.1 Adoption of standards by reference.
Ordinance No. 21-01
International Property Maintenance Code
Page I

The 2021 Edition of the International Property Maintenance Code, as published
by the International Code Council, Inc. is adopted as the Queenstown Property
Maintenance Code, and is incorporated into this Code by reference as if fully set
forth herein, subject to the amendments set forth in Section 9.2.
Section 9.2 Amendments.
The following sections of the 202I lnternational Property Maintenance Code are
hereby modified as follows:
SECTION 101
GENERAL
Section 101.1. Title. These regulations shall be known as the "Town of
Queenstown Property Maintenance Code", hereinafter referred to as "this code."
Section 101.2. Scope. The provis.t, o, this Code shall apply to all existing
residential and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants; the
occupancy of existing structures and prernises, and for administration,
enforcernent and penalties. Notwithstanding anything to the contrary herein, the
provisions of the Property Maintenance Code that govern the interior condition of
a residential structure shall not apply to an owner-occupied housing unit. Only
the provisions of this Code governing the exterior condition of a structure shall
apply to an owner-occupied housing unit.
Section l2z.3.Application of other Repairs, additions or alterations to a
".r*.
structure, or changes of occupancy, shall be done in accordance the applicable
building codes of the Town of Queenstown, including the International Building
Code, the Intemational Building Code for One- and Two-Family Dwellings, the
Intemational Energy Code, and the International Existing Building Code, as those
codes have been adopted and/or amended by the Town of Queenstown and
incorporated into the Queenstown Town Code. Nothing in this Code shall be
construed to cancel, modiff or set aside any provision of the Queenstown
Building Code.
SECTION 103
CODE COMPLIANCE AGENCY
Ordinance No. 2l-01
International Property Maintenance Code
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Section 103.2. Appointment. The code official shall be the Town Clerk, or any
person or entity designated or appointed by the Commissioners of Queenstown to
serve as code official.
SECTION 104
1T::
Section 104.1. Fees. The fees for activities and services performed under this
Ordinance shall be set forth in a fee schedule adopted by the Commissioners of
Queenstown.
SECTION 105
DUTIES AND POWERS OF THE CODE OFFICIAL
Section 105.3. Right of entry. Where it is necessary to make an inspection to
enforce the provisions of this code, or whenever the code official has reasonable
cause to believe that there exists in a structure or upon a premises a condition in
violation of this code, the code official is authorized to enter the structure or
premises at reasonable times to inspect or perform the duties imposed by the code,
provided that if such structure or premises is occupied, the code official shall
present credentials to the occupant and request entry. If such structure or premise
is unoccupied, the code official shall first make a reasonable effort to locate the
owner or other person having charge or control of the structure or premises and
request entry. If entry is refused, the code official shall have recourse to the
remedies provided by law to secure entry, including obtaining an administrative
search warrant.
SECTION 107
MEAIIS OF APPEAL
Section 107. Means of Appeal. Delete Section 107 in its entirety and replace
with the following.
Section 107.1. Application for appeal. Any person affected by a decision of the
code official or a notice or order issued under this code shall have the right to
appeal to the Queenstown Board of Appeals, provided that a written application
for appeal is filed within twenty (20) days after the day the decision, notice, or
order was served. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted thereunder have been
Ordinance No. 21-01
International Property Maintenance Code
Page 3

incorrectly interpreted, the provisions of this code do not fully apply, or the
requirernents of this code are adequately satisfied by other means.
Section 107.2. Board of Appeals. For the purposes of this code, the board of
appeals shall be the Board of Appeals established by the Town of Queenstown
ZoningOrdinance. All provisions goveming the Board of Appeals with respect to
members, provisions for alternates, quorum, procedure, chairman, term of office,
etc. shall be applicable to appeals from this code. Review of the decision of the
Board of Appeals shall also be in accordance with the Queenstown Zonitg
Ordinance and the Maryland Rules of Procedure applicable to review of
administrative agency deci sions.
SECTION 109
VIOLATIONS
Section 109.3. Prosecution of violati"". *t person failing to comply with a
notice of violation or order served in accordance with Section lll.4 shall be
deerned to have committed a civil municipal infraction as determined by the
Town, and the violation shall be deerned a strict liability offense. If the notice of
violation is not complied with, the code official shall institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation, or to
require the removal or termination of the unlawful occupancy of the structure in
violation of the provisions of this code or of the order or direction made pursuant
thereto. Any action taken by the authority having jurisdiction over such prernises
shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate.
SECTION 110
sroP *:..".ORDER
Section 110.4 Failure to comply. Any person who shall continue any work after
having been served with a stop work order, except such work as that person is
directed to perform to remove a violation or unsafe condition, shall be deemed to
have committed a municipal infraction. The penalty for the first violation shall be
One Hundred Dollars ($100.00), and Two Hundred Dollars ($200.00) for the
second violation. Each dav that a violation continues shall be considered a
separate offense.
SECTION 302
EXTERIOR PROPERTY AREAS
Ordinance No. 21-01
International Property Maintenance Code
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Section 302.4. Weeds. All premises and exterior property shall be maintained
from weeds or plant growth in excess of (8) eight inches. All noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided; however, this term shall not include cultivated
flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy
weeds after service of notice of violation, they shall be subject to prosecution in
accordance with Section 109.3 and as prescribed by the authority having
jurisdiction. Upon failure to comply with the notice of violation, any duly
authorized ernployee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut and destroy the
weeds growing thereon, and the costs of such removal shall be paid by the owner
or agent responsible for the property.
SECTION 304
EXTERIOR STRUCTURE
Section 304.3 Premises identificatr"".'""rtdings shall have approved address
numbers placed in a position to be plainly legible and visible from the street or
road fronting the property in compliance with 911.
Section 304.l4lnsect screens. ,r" period from May 1 to october I,
every door, window and other " o ; u ; t ; s ide opening required for ventilation of
habitable rooms, food preparation areas, food service areas or any areas where
products to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25mm), and every screen
door used for insect control shall have a self-closing device in good working
condition.
9.3
Section Repealer.
All prior property maintenance ordinances or parts of property maintenance
ordinances in conflict herewith are hereby repealed, except that in any case in
which the Queenstown Zoning Ordinance and this Ordinance conflict, the
Queenstown Zoning Ordinance shall control.
9.4
Section Copies on file.
Ordinance No. 2l-01
International Property Maintenance Code
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The Town Clerk shall maintain two copies of the Property Maintenance Code on
file in the Town Office.
9.5
Section Severabilify.
If any section, subsection, sentence, clause or phrase of this Ordinance is,
for any reason, held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance. The Commissioners of
Queenstown hereby declare that they would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Section9.6 Exemptions.
The provisions of the property maintenance code relating to the interior condition
of a residential structure shall not apply to an owner-occupied housing unit.
SECTION 3. This ordinance and any rules, regulations, provisions, requirements,
orders and matters established and adopted pursuant hereto hereby shall take effect and be in full
force and effect twenty (20) days from and after the date of its final passage and adoption.
&1tA
ENACTED thi, day or Qtt-u- ,202r.
U
WITNESS: THE TOWN COMMISSIONERS OF
QUEFNSTOWI{
Ordinance No. 2l-01
Intemational Property Maintenance Code
Paee 6