Town Code & Ordinances Ordinance — Ordinance-21-02

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I, of the Queenstown Town Code is hereby repealed in its entirety and adopted as follows: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 Page2

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 Page 4

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 Page 5 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