City of Bowie, MD - City Code - Chapter 5 - Building and Property Maintenance

It shall be unlawful to erect, construct, or repair any building either for residential or business purposes in violation of the building regulations of the City as set out in this Chapter.

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Sec. 5-2. Adopted.

There is adopted by the City for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, certain building code known as the Maryland Building Performance Standards as adopted, and amended or modified from time to time by the State of Maryland, or by the Council, of which not less than two (2) copies are filed in the Office of the City Manager and the same are adopted and incorporated as if fully set out at length herein (hereinafter referred to as the "Building Code"); and the provisions thereof shall be controlling in the construction of all buildings and other structures therein contained in the City. (Sec. 5-2 amended by O-13-95, adopted 9/5/95).

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Sec. 5-2A. Enforcement authority for Maryland Building Performance Standards.

In conformance with the Annotated Code of Maryland, Article 28, Section 8-116, the Prince George's County Government and its designated officers are exclusively responsible for enforcing
compliance with the Maryland Building Performance Standards as described in Section 5-2 herein. Such responsibility shall include, but is not limited to, plan review and inspections. (Sec. 5-2A amended by O-13-95, adopted 9/5/95).

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Sec. 5-2B. Additional building standards adopted by the City.

In addition to Maryland Building Performance Standards, as described in Section 5-2 herein, the City has adopted a "Housing Code" which is set forth in Article II of this Chapter. The City Manager or his designee is responsible for enforcing the provisions of the City Housing Code. The City may from time to time adopt additional building standards which may apply to residential, commercial, recreational, industrial or any other type of building or development. The City Manager or his designee shall assume responsibility for inspection and enforcement of any such additional building standards. (Sec. 5-2B amended by O-13-95, adopted 9/5/95).

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Sec. 5-3. Amendments.

(a) Wherever the word "municipality" is used in the Building Code, it shall be held to mean the City, except where such an interpretation contradicts Section 5-2A herein, in which case Section 5-2A shall govern.

(b) Wherever the term "corporate counsel" is used in such Building Code, it shall be held to mean the City attorney.

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Sec. 5-4. City fees and permit requirements.

(a) There is hereby established a City Building Permit requirement. It is illegal to erect a building, sign or other structure without first obtaining a City building permit. The fee for any permit shall be prescribed by the Council in the Annual City Budget.

(b) A building permit must be obtained from the City for any construction for which a permit is required from Prince George's County. In addition, a County building permit is a prerequisite for issuance of a City permit except when the requirement of a City permit results from the local application of stricter standards regarding work for which the County would generally not require a permit.

1. Plans and specifications drawn to scale with sufficient clarity, with detailed dimensions to be drawn to show the nature and character of the work performed, as required by the City Manager or his designee. When quality of materials is essential for conformity to the Maryland Building Performance Standards, specific information shall be given to establish such quality; and in no case shall the Maryland Building Performance Standards be cited or the term "legal" or its equivalent be used as a substitute for specific information. The City Manager or his designee may waive the necessity for filing plans and specifications when the work involved is of a minor nature.
Sec. 5-4(c)1. amended by O-13-95, adopted 9/5/95).

2. A site plan showing to scale the size and location of all structures on the site, distances from lot lines, established street grades and proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary survey.

3. Location of private sewage disposal system where applicable.

4. Engineering details including structural, mechanical, and electrical work, including computations, stress diagrams and other essential technical data. All engineering plans and computations shall bear the signature and seal of the engineer or architect responsible for the design.

5. Where property is located within a Chesapeake Bay Critical Area Overlay Zone, a conservation plan and a conservation agreement.

(d) Applications for City building permits will be reviewed for compliance with City Housing Code provisions, when applicable, and reviewed for their impact on local public facilities and regulatory issues, including but not limited to:

1. Public transportation, to include, public bus and ride share districts;

2. Fence placement and other issues that may be related to restrictive covenants or scenic berms;

3. Refuse removal;

4. Environmental noise control;

5. Storm water management and storm drain systems;

6. Soil erosion and sediment control;

7. Water and sewer systems;

8. Fire safety;

9. Electrical safety;

10. Road requirements

(e) The City Manager may not approve the issuance of a building permit for improvements to property unless all past due amounts owed to the City for real property taxes for the property have been paid.

(f) Whenever any work for which a permit is required has been started, partially completed, or concealed prior to obtaining a permit, the City Manager or his designee may issue a stop work order. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. A copy of the stop work order shall be posted upon the property and mailed to the property owner. Upon the posting of a stop work order, all work shall cease immediately except such work as that person is directed to perform to remove a violation or unsafe condition. The property owner shall take steps to secure the work against unauthorized entry. A special investigation shall be made before an application may be filed to request the required permit. In addition to the regular permit fee, an investigation fee of ten dollars ($10.00) shall be paid at the time of filing the application for the required permit

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Sec. 5-4A. Impact Fees.

(a) The Council may from time to time establish impact fees for financing the design, establishment, extension, improvement, operation, alteration or maintenance of public bus and ride sharing systems either by resolution of the Council or by inclusion in the annual budget of the City. Such impact fees may be increased or decreased at any time by resolution of the Council.

(b) Prior to the issuance of any building permit, the City Manager or his designee shall review the permit application to determine whether or not the property is located within an area designated as a public bus and ride sharing special assessment district as such districts are created and set forth in Section 88 of the City Charter. If the property is found to be within a public bus or ride sharing special assessment district, then the City Manager shall, prior to the issuance of any building permit, collect an impact fee as established from time to time by resolution of the Council.

(c) In lieu of any impact fee imposed under this section, the City Manager is authorized to accept donations of land equipment or improvements or any combination thereof for existing or proposed public bus and ride sharing facilities provided the City Manager prior to acceptance of such donation certifies to the Council the proposed donation with a statement of justification for acceptance thereof.

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Sec. 5-5. Bonds required.

(a) If it is the opinion of the City Manager or his designee in connection with the issuance of a building permit, that a City easement, right of way or City property might be damaged by the movement of heavy equipment or by debris left on the City easement, right of way or property, then a cash bond, or a bond from an approved corporate surety or other collateral acceptable to the City Manager and the City Attorney in the amount of Five Hundred Dollars ($500) shall be posted with the City Manager to guarantee the repair of the damage to the easement, provided however, that homeowner may post a personal bond. When a release is given by the City Manager that the easement, right of way or City property is in satisfactory condition, the bond will be released.

(b) No building permit shall be issued until a One Hundred Dollar ($100) bond has been posted to protect the City against expenses for the removal of debris left on public lands or ways. The bond must be cash or approved corporate surety, except that a homeowner may post a personal bond. If no expense is suffered by the City for removal of debris, the bond will be released.

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Sec. 5-5A. Permit holders responsibility to upgrade local roads.

(a) When in the judgment of the City of Bowie, Prince George's County, or any other state or local authority with jurisdiction, it is determined that improvements or additions to public roads or other public utilities or facilities are required in connection with the issuance of a building permit, the permit holder is responsible for funding and completing the requisite improvements.

(b) Street lighting required by the City or Maryland National Capital Park and Planning Commission regulations or directives shall be the responsibility of, and installed at the expense of, the permit holder and shall be of such type or style as approved by the City.

(c) Improvements or upgrades to adjacent or abutting roads shall comply with the standards contained in Chapter 22 of the Bowie City Code.

(Secs. 5-2A, 2B, added, 5-3, 4 amended, 5-5A added by O-2-93, 3/15/93.

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ARTICLE II. PROPERTY MAINTENANCE CODE.

Sec. 5-6. Definitions.

For the purposes of this Article the following words and phrases shall have the meaning respectively ascribed to them by this section.

1. "Basement". A portion of the building partly underground, and having less than half of its clear height below the average grade of the adjoining ground (see Cellar).

2. "Building Code". The Basic Building Code, latest edition and current accumulative supplement officially adopted by Prince George's County and the City for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.

3. "Cellar". (See Basement)

4. “Commercial Buildings”. Any building or structure used or zoned for business, commercial or industrial purposes and any residentially zoned building or structure which is used for a purpose other than a residential purpose.

5. “Commercial Unit”. One or more rooms arranged for the use of one (1) or more individuals working together as a single enterprise, with offices or other working areas and sanitary facilities.

6. "Dwelling(s)". A building or structure, or portion thereof, used for human occupancy. An attached garage, used for storage purposes, shall be not included in this definition. The following are types of dwellings:

a. Single-family dwelling. A building containing one (1) dwelling unit. (See Footnote)

b. Multifamily dwelling. A building containing two (2) or more dwelling units.

c. Hotel. A building arranged or used for sheltering, sleeping or feeding ten or more individuals for which compensation is received.

7. "Dwelling Unit". One or more rooms arranged for the use of one (1) or more individuals living together as a single house-keeping unit, with cooking, living, sanitary and sleeping facilities.

8. "Emergency". The existence of circumstances constituting an immediate danger to the public health or safety and requiring prompt enforcement or remedial action under this Code.

9. "Exterior Property Area". The open space on the premises and on adjoining property under the control of owners or operators of such premises.

10. "Extermination". The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping, or by any other pest elimination methods.

11. "Family". A group of persons related by blood, marriage or adoption within and including the degree of first cousins.

12. "Garbage". The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

13. "Gross floor area". The total area of all habitable space in a building or structure.

14. "Habitable room". A room or enclosed floor space arranged for living, eating, and sleeping purposes (not including bathrooms, water closet compartment, laundries, pantries, foyers, hallways, and other accessory floor spaces.)

15. "Hotel". (See Dwellings.)

16. "Infestation". The presence within or contiguous to a Dwelling, Dwelling Unit or Rooming Unit, Commercial Building, or Commercial Unit of insects, rodents, vermin or other pests.

17. "Motel". For purposes of this code, a motel shall be defined the same as a hotel. (See Dwellings).

18. "Multifamily (multiple) Dwelling". (See Dwellings).

19. "Not naturally weather resistant". This term shall include but not be limited to the following materials: wood, pressboard, fiberboard, wood clapboard, and metal surfaces subject to rust or corrosion.

20. "Occupant". Any person over one (1) year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit or any person having actual possession of any commercial building or commercial unit.

21. "Openable area". That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

22. "Operator". Any person who has charge, care or control of a multifamily dwelling or rooming house, in which dwelling units or rooming units are let or offered for occupancy.

23. "Owner". The owner or owners of the freehold interest in the premises or lesser estate therein, a mortgagee or vendor in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building; or their duly authorized agents.

24. "Person". An individual, firm, corporation, association or partnership.

25. "Plumbing or plumbing fixtures". A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges waste water, liquid-borne waste materials; or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge for the drainage system of the premises.

26. "Premises". A lot, plot or parcel of land including the building or structures thereon.

27. "Rental dwelling". Any rented room or group of rooms forming a single habitable unit occupied by one or more persons which is used or intended to be used by the occupants for living or sleeping.

28. "Residence building". A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided; except when classified as an institution under the Building Code.

29. "Rooming house". A "Dwelling" in which (for compensation) lodging (excluding meals) is furnished by the inhabitants to four (4) or more, but not over nine (9) guests.

30. "Rubbish". Combustible and/or non-combustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.

31. "Single-family Dwelling". (See Dwellings).

32. "Supplied". Installed, furnished or provided by the owner or operator.

33. "Ventilation". The process of supplying and removing air by natural or mechanical means to or from any space.

a. "Mechanical". Ventilation by power-driven devices.

b. "Natural". Ventilation by opening to outer air through windows, skylights, door, louvers, or stacks without wind driven devices.

34. "Workmanlike". Whenever the words "workmanlike state of maintenance and repair" are used in this Code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

35. "Yard". An open unoccupied space on the same lot with a building extending along the entire length of a street, or rear, or the interior lot line.

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Sec. 5-7. Standards.

(a) SCOPE. The provisions of this section shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure constructed for the prupose of human occupancy and the premises on which it stands shall comply with the conditions herein prescribed as they may apply thereto.

Under the applicable Prince George's County Zoning Ordinance, no rooming houses are permitted in the City, but guest rooms may be rented by a family of one (1) individual, any number of related individuals, or not more than two (2) unrelated individuals, to not more than three (3) roomers or boarders.

(b) EXTERIOR PROPERTY AREAS. The exterior property areas of any residential or commercial structure, whether occupied or unoccupied, shall comply with the following requirements:

1. Landscaping of premises. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, premises free from dead trees or shrubs, and free from being littered or unsightly where such would constitute a nuisance or a blighting effect on nearby property.

2. Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition, free from any accumulation of litter, rubbish, refuse, trash or garbage, including but not limited to paper, boxes, cans, bottles, tires, construction materials, trimmings from lawns, hedges, shrubs or trees, fuel oil, lubricating oil, gravel, broken stone, mortar, and unused accumulations of mulch, hay, straw, manure, shavings, sawdust, coal, or ashes. This section shall not be applicable to properly maintained compost piles.

3. Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any building or structure located thereon. Water in swimming pools, wading pools, and fish ponds shall not be allowed to stagnate and shall be maintained in a clean and sanitary condition at all times. No person shall redirect stormwater or drain water from any source so that it flows onto or across abutting property or pools or causes erosion.

4. Noxious plant growth. All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health.

5. Insect and rodent harborage. All exterior property areas shall be kept free from rodent infestation, and where rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation; such precautions shall include construction designed to prevent rodents, vermin or other pests from entering a building by blocking off or stopping up all passages by which rodents, vermin and other pests may gain entry, closing openings in exterior walls with materials through which rodents, vermin, and other pests cannot penetrate, together with such interior rat stoppage, harborage removal, and cleanup as may be necessary to reduce or eliminate breeding places.

6. Open storage. Exterior property areas shall not be utilized for any period of time for the open storage of building rubbish or refuse, bathroom or kitchen or other fixtures, household appliances, glass, furniture, tires, automotive parts, building materials or equipment, including construction equipment and attachments thereto, or other similar items or materials or the residue therefrom, irrespective of age or condition. This section shall not be construed to prohibit the storage of materials intended for commercial sale by an entity properly licensed to engage in such sale and on property properly zoned for such sale or to prohibit the storage of building materials otherwise permitted by Section 26-9(b) of this Code.

7. Accessory Structures. Any building or structure, the use of which is incidental to that of the main building or residence and which is located on the same lot or ground, including but not limited to, the following: fences, attached or detached garages, storage sheds and buildings shall be maintained structurally safe and sound and in good repair, and free from rust, corrosion and graffiti.

8. Appurtenance or appurtenant structure. All exterior decorative, aesthetic or other devices such as, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts, shutters, flower boxes, cupolas, steps, porches, and other similar structures that are attached to walls or railings or other parts of the structure shall be maintained in safe, weather resistant and structurally sound condition and shall be free of unsafe obstructions or hazardous conditions, and free from rust, corrosion and graffiti.

9. Firewood storage. No person shall permit the storage on any lot in the City of any wood, logs, branches or other wood products to be used for burning in an interior or exterior woodstove or fireplace unless the same shall be stored evenly on a concrete, asphalt, brick or wood deck, patio, porch, or be placed on open racks that are elevated above the ground with minimum clearance consistent with County regulations, and evenly piled so that these materials will not afford shelter or harborage for rodents. The area beneath the firewood rack shall be kept free of all debris and weeks. Firewood shall not be stored in any manner beyond the front building lines of the house. (Sec. 5-8(b)9. added by O-5-89, effective 7/1/90)

10. All vehicle repair facilities, towing stations, and storage lots abutting areas used for residential purposes shall be completely screened in accordance with the requirements of Subtitle 27 of the Code of Prince George’s County, Maryland notwithstanding the nonconforming status of a property.

11. All exterior stairways, walkways, driveways and other parts of the premises shall be kept in good repair and free from corrosion and graffiti. It shall be the duty of the owner to keep the premises free of hazardous conditions, which include but are not limited to ground surface hazards, holes excavations, breaks, and projections, and such conditions shall promptly be filled, repaired, replaced or removed to eliminate any hazard.

(c) EXTERIOR STRUCTURE. Every residential or commercial building or structure, whether occupied or unoccupied, shall comply with the following requirements:

1. Foundations, walls, and roof. Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents.

2. Foundations. The foundation elements shall adequately support the building at all points.

3. Exterior walls and exposed surfaces. Every exterior wall and weather-exposed exterior surface or appurtenance shall be free of rust, corrosion, graffiti, holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building. All exterior surfaces shall be covered by materials customarily used for exterior surfaces including, but not limited to, brick, aluminum, copper, masonry, stone, stucco or decay-resistant or treated woods. Treated wood coverings shall be made substantially impervious to the adverse effects of weather by periodic reapplication of an approved protective coasting of weather-resistant preservative, as necessary to maintain such coverings in such condition.

4. Roofs. The roof shall be structurally sound, tight, and have no defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.

5. Stairs, porches and railings. Stairs and other exit facilities shall be adequate for safety as provided in the Building Code, and shall comply with the following subsections.

a. Structural safety. Every outside stair, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected as required by the Building Code and shall be kept in sound condition and good repair.

b. Handrails. Every flight of stairs, which is more than two (2) risers high, shall have handrails which shall be located as required by the Building Code; and every porch which is more than two (2) risers high shall have handrails so located and of such design as required by the Building Code. Every handrail and balustrade shall be firmly fastened and shall be maintained in good condition.

6. Windows, doors and hatchways. Every window, exterior door, and basement hatchway, shall be substantially tight and shall be kept in sound condition and repair.

7. Windows to be glazed. Every window sash shall be fully supplied with glass window panes or an approved substitute which is without open cracks or holes.

a. Windows to be tight. Every window sash shall be in good condition and fit reasonably tight within its frame.

b. Windows to be openable. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

8. Door hardware. Every exterior door, door hinge, door latch and closing mechanism used with said door, shall be maintained in good condition.

9. Door locks. The entrance door to an individual rental dwelling unit shall be provided with locking devices so as to provide security against unauthorized entry.

10. Doors to fit in frame. Every exterior door, when closed, shall fit reasonably well within its frame.

11. Window and door frames to fit in wall. Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or multifamily dwelling or commercial building.

12. Basement hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or multifamily dwelling or commercial building.

13. Exit doors. Every door available as an exit shall be capable of being opened from the inside, easily and without the use of a key.

14. Screening. Guards and screens shall be supplied for protection against rodents and insects in accordance with the following requirements:

a. Guards for basement windows. Every basement or cellar window which is openable shall be supplied with corrosion resistant rodent-proof shields of not less than No. 22 U.S. gauge perforated steel sheets, No. 20 B & S gauge aluminium, or No.6 U.S. gauge expanded metal or wire mesh screens, with not more than one-half (1/2) inch mesh openings, or with other material affording equivalent protection against the entry of rodents, including storm windows.

b. Insect screens. From June 1st to October 15th of each year, every door opening directly from any dwelling to the outdoors, fifty percent (50%) of the nominal area of every double hung and horizontal sliding window, and that portion of every other type window normally used for ventilation and all other openings shall be screened with not less than sixteen (16) mesh per inch material; and every hinged screened door shall have a self-closing device maintained in good working condition; except that no screens shall be required for a dwelling unit on the floor above the fifth floor; provided that screen doors shall not be required on the main entrance door of any dwelling.

15. Gutters and Downspouts. All gutters and downspouts shall be properly connected and be maintained in good condition, free of holes and obstructions. Water shall be conveyed off premises in an acceptable manner and not in a manner that may cause erosion of any neighboring property.

16. House numbers. All dwelling units within the City of Bowie must display house numbers in compliance with the requirements of this subsection. The size of the house numbers shall be as the City Manager shall direct, but in no case shall be less than three (3) inches in height. They must be the Arabic numbers officially assigned to the dwelling and must be legible as such numbers. The use of words spelling out the house numbers does not satisfy the requirements of the subsection. The house numbers must be uniformly spaced and securely mounted against a contrasting background at least four (4) feet above ground level and not higher than twelve (12) feet above ground level. The numbers must be clearly visible from the assigned street, and vegetation must be trimmed as needed from time to time. In the case of houses located at the end of driveways, the house numbers must be placed over the driveway. In the case of corner houses or multifamily or townhouse dwellings, the house numbers shall be displayed in such size, manner and locations as the City Manager shall direct so as to secure prompt locatability of addresses by fire, health and safety officials. In the case of houses with mailboxes at the street in front of the house, the house numbers may be displayed on the mailbox rather than on the house itself. House numbers on mailboxes shall be on the broad side or top of the mailbox or on the support post and readable from both directions of the street. Dwellings with rear fences which abut a public street, alley or other such right of way which is used by vehicles, must be posted with numbers on the rear yard fence.

17. Shutters. All shutters shall be uniform in style and color. Pairs of shutters shall be maintained consistently on the dwelling or commercial building or both shall be removed. If they are removed, all hardware must also be removed of the structure. All slats on shutters must be maintained and in good condition.

18. Chimney Pipe. All exterior metal chimney pipe shall be enclosed in an approved continuous enclosure of brick, block or wood with siding and trim to match the existing structure. The enclosure must start at the bottom edge of the house. This provision shall be waived provided that no more than six (6) linear feet of chimney pipe is exposed and thechimney pipe transitions through the roof of the structure, as opposed to a transition through the wall.

(d) INTERIOR STRUCTURE. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements.

1. Free from dampness. Cellars, basements, crawl spaces, and interior portions of a dwelling shall be maintained reasonably free from dampness so as to prevent conditions conducive to decay or deterioration of the structure as required by the Building Code.

2. Structural members. Supporting structural members shall be maintained in sound condition; showing no evidence of deterioration which would render them incapable of carrying the imposed loads in accordance with the provisions of the Building Code.

3. Interior stairs and railings. Stairs shall be provided as required by the Building Code.

4. Maintained in good repair. All interior stairs shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load as required by the provisions of the Building Code.

5. Handrails. Every stairwell and every flight of stairs, which is more than two (2) risers high, shall have handrails or railings located in accordance with the provisions of the Building Code. Every handrail or railing shall be firmly fastened and must be maintained in good condition. Properly balustraded railing capable of bearing normally imposed loads as required by the Building Code shall be placed on the open portions of stairs, balconies, landings and stairwells.

6. Bathroom floors. Every toilet and bathroom floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

7. Sanitation. All interior spaces shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities and as further set forth elsewhere in this code.

8. Insect and rodent harborage. Dwellings shall be kept free from insect or rodent infestation, and where insects and rodents are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation; such precautions shall include construction designed to prevent rodents, vermin or other pests from entering a building by blocking off or stopping up all passages by which rodents, vermin and other pests may gain entry, and includes the closing of openings in exterior walls with materials through which rodents, vermin, and other pests cannot penetrate, together with such interior rat stoppage, harborage removal, and cleanup as may be necessary to reduce or eliminate breeding places.

9. Interior walls, floors and ceilings. Every interior wall, floor and ceiling shall be maintained in a clean, sanitary, safe and structurally sound condition, free of holes, cracks, loose plaster or wallpaper, flaking or scaling paint, and shall be substantially insect and rodent proof. When paint is applied to interior surfaces of habitable spaces, it must be lead free.

10. Caulking. The caulking around all fixtures and surfaces which require caulking shall be maintained so as to be substantially impervious to water and so as to permit such fixtures and surface areas to be easily kept in a clean and sanitary condition.

11. Interior doors. All interior bathroom, bedroom and utility room doors shall be maintained in good repair and shall fit properly in their frames and shall retain all necessary hardware.

(e) BASIC FACILITIES. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not contain the following basic facilities.

1. Water closet. Every dwelling unit shall contain within its walls a room, separate from the habitable rooms, which affords privacy and which is equipped with a water closet.

2. Lavatory. Every dwelling unit shall contain a lavatory, which, when a water closet is required, shall be in the same room with said water closet.

3. Bathtub or shower. Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub or shower.

4. Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required elsewhere by this code.

5. Cooking facilities. Every dwelling unit shall contain cooking and baking facilities for the purpose of preparing food, and such facilities shall be properly installed and operated and kept in a clean and sanitary condition.

6. Refrigeration for food preservation. Every dwelling unit shall contain a refrigeration unit adequate for the temporary preservation of perishable foods. Such refrigeration unit shall be capable of maintaining an average temperature of below forty-five (45) degrees Fahrenheit, shall be properly installed and operated, and kept in a clean and sanitary condition.

7. Water and sewer system. Every kitchen sink, lavatory basin, bathtub or shower and water closet required under the provisions of this Code, shall be properly connected to either a public water and sewer system or to a private water and sewer system or to a private water and sewer system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

8. Water heating facilities. Every dwelling unit shall be supplied with water heating facilities, which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water elsewhere in this Code. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facility or other similar units, at a temperature of not less than one hundred thirty (130) degrees Fahrenheit at any time needed.

9. Heating facilities. Every dwelling unit shall have heating facilities and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained and in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of sixty-eight (68) degrees Fahrenheit with an outside temperature of ten (10) degrees below zero. The owner shall maintain a minimum average room temperature of sixty-eight (68) degrees Fahrenheit in all habitable rooms including bathrooms and toilet rooms when rented, at all times on the basis of ten (10) degrees below zero outside.

10. Operation of heating facilities. Every heating or water heating facility shall be installed and shall operate in accordance with the requirements of the Building Code or air pollution control ordinances.

11. Storage and removal of rubbish and garbage. Every dwelling unit shall be supplied with containers and covers for the temporary storage of rubbish and garbage. There shall also be a method for the removal of said rubbish and garbage from the premises.

(f) INSTALLATION AND MAINTENANCE. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof which does not comply with the following requirements.

1. Facilities and equipment. All required equipment and facilities shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the Building Code.

2. Maintained clean and sanitary. All facilities shall be maintained in a clean and sanitary condition so as not to breed insects and rodents or produce dangerous or offensive gases or odors.

3. Plumbing fixtures. Water lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Building Code or Plumbing Code.

4. Plumbing systems. Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the Building Code or Plumbing Code.

5. Heating equipment. Every required room heating, water heating, and cooking device shall be properly installed, connected, and maintained, and shall be capable of performing the function for which it was designed in accordance with the provisions of the Building Code.

6. Electrical outlets and fixtures. Every electrical outlet and fixture required by this code shall be installed, maintained and connected to the source of electric power in accordance with the provisions of the Building Code or Electrical Code.

7. Electrical system. The electrical system shall be maintained in such a manner that it will not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons.

(g) OCCUPANCY REQUIREMENTS. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements.

1. Minimum ceiling heights. Habitable rooms shall have a clear ceiling height of not less than seven and one-third (7-1/3) feet, except that in attics or top half stories the ceiling height shall be not less than seven (7) feet or not less than one third (1/3) of the area when used for sleeping, study or similar activity. In calculating the floor area of such rooms only those portions of the floor area of the rooms having a clear ceiling height of five (5) feet or more may be included.

2. Required space in dwelling units. Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

3. Required space in sleeping rooms. Every room occupied for sleeping purposes by one (1) occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof.

4. Access limitation of dwelling unit to commercial uses. No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or similar room used for public purposes.

5. Location of bath and second sleeping room. No dwelling unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one (1) sleeping room can be had only by going through another sleeping room; nor shall the room arrangement be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. No bathroom shall be so located that access thereto is solely through a kitchen.

6. Occupancy of dwelling units below grade. No dwelling unit partially below grade shall be used for living purposes unless:

a. Floors and walls are watertight;

b. Total window area, total openable area and ceiling height are in accordance with this Code; and

c. Required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area.

(h) LIGHT AND VENTILATION. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof which does not comply with the following requirements.

1. Natural light in habitable rooms. Every habitable room shall have at least one (1) window facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be ten percent (10%) of the floor area of such room, except in a kitchen when artificial light may be provided in accordance with the provisions of the Building Code. Whenever walls or other portions of the structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors or to a court and shall not be included as contributing to the required minimum total window area for the room.

2. Light in non-habitable workspace. Every laundry, furnace room, and all similar non-habitable work space shall have a minimum of one (1) supplied electric light fixture available at all times.

3. Light in public halls and stairways. Every public hall and inside stairway shall be adequately lighted at all times with an illumination of at least five (5) lumens per square foot in the darkest portion of the normally traveled stairs and passageways.

4. Electric outlets required. Where there is electric service available to the building or structure, every habitable room shall contain at least two (2) separate and remote outlets, one (1) of which may be a ceiling or wall-type electric light fixture. In kitchens three (3) separate and remote wall-type electric convenience outlets or two (2) such convenience outlets and one (1) ceiling or wall-type electric light fixture shall be provided. Every public hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one (1) electric light fixture. In addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least one (1) electric outlet.

5. Adequate ventilation. Every habitable room shall have at least one (1) window which can be easily opened or such other device as will adequately ventilate the room. the total openable window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size required by the light and ventilation requirements of this Code except where mechanical ventilation is provided in accordance with the provisions of the Building Code.

6. Ventilation and light in bathroom and water closet. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by the Building Code, except that no window shall be required in bathrooms or water closet compartments equipped with an adequate ventilation system.

(i) FIRE SAFETY. No person shall occupy as owner-occupant, or shall let to another for occupancy, any dwelling, or portion thereof, which does not comply with the applicable provisions of the fire prevention sections of the Building Code and the Life Safety Code, as amended from time to time, and the following additional requirements for safety from fire.

1. Storage of flammable liquids prohibited. The dispensing or storage of flammable liquids with a flash point of one hundred ten (110) degrees Fahrenheit or lower shall not be permitted within a dwelling.

2. Cooking and heating equipment. All cooking and heating equipment, components, and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions, and kept functioning properly so as to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the provisions of the Building Code.

3. Kerosene heaters and wood stoves. Only recognized and approved units may be used and then only if installed as per manufacturer's and testing laboratory specifications. Open flame devices may not be used for cooking or heating unless specifically intended for and approved for such use.

4. All multifamily apartments shall have:

a) A fire extinguisher in each unit or located in a place accessible to all units.

b) A card posted beside all central fire alarm switches which gives simple directions on the use of the central fire alarm switch as well as the street name and address of the building in which the central fire alarm switch is located.

c) Entrance doors to each multifamily unit secured by a dead-bolt lock shall be easily opened from within without the use of a key.

d) A peephole with one hundred eighty (180) degree visibility from inside a multifamily unit, located in the entrance door to each multifamily unit.

5. Smoke detectors. All dwelling units shall be equipped with smoke detectors of a type, make, and model approved by the Prince George’s County Fire Protection Codes. These units shall be mounted in locations as set forth in the aforementioned Fire Protection Codes and maintained in the manner prescribed.

(j) ROOMING HOUSES. Every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, shall comply with the provisions of every section of this Code, except as provided in the following subsections.

1. Water closet, hand lavatory, and bath facilities. At least one (1) water closet, lavatory basin, and bathtub or shower properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever said facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

2. Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than three (3) persons shall contain at least fifty (50) square feet of floor area for each occupant thereof.

3. Bed linen and towels. The operator of every rooming house shall supply bed linen and towels therein at least once each week, and prior to the letting of any room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

4. Shades, drapes, etc. Every window of every rooming unit shall be supplied with shades, drawn drapes, or other devices or materials which, when properly used, will afford privacy to the occupant of the rooming unit.

5. Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house and premises.

6. Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by this code shall be located within the rooming house and within a room or rooms which:

a) Afford privacy and are separate from the habitable rooms;

b) Are accessible from a common hall and without going outside the rooming house or through the other room therein. (Sec. 5-7 (b) 2 and 3 amended by O-8-02, adopted 8/1/02, effective 9/3/02).

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Sec. 5-8. Administration.

(a) PURPOSE. The purpose of this Code is to protect the public health, safety and welfare in buildings and structures used for dwelling purposes as hereinafter provided by:

1. Establishing minimum standards for exterior property areas, exterior structure, interior structure, basic facilities, installation and maintenance, occupancy, light and ventilation, and fire safety as to residential buildings and establishing minimum standards for exterior property areas and exterior structure as to commercial buildings.

2. Providing for administration, enforcement and penalties.

(b) MATTERS COVERED. The provisions of the Building Code shall apply to all structures used for human habitation, with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions and overcrowding, or otherwise may be deemed to constitute a menace to the safety, health or welfare of the community. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.

(c) APPLICABILITY. Every portion of a building or premise used or intended to be used for residential or commercial purposes, shall comply with the provisions of this code, irrespective of when such buildings shall have been constructed, altered or repaired.

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Sec. 5-9. Licensing and inspection of rental dwellings.

(a) RENTAL LICENSE. It shall be unlawful for any person to let any single-family rental dwelling, multifamily rental dwelling or rooming house within the City without having first obtained a license or temporary certificate to do so as hereinafter provided. No license is required when at least one of the property owners resides at the property address. If no property owner resides at the property address or within fifty miles of the City, the property owners shall designate on the application for the rental license or temporary certificate the name, address, and telephone number of a local agent residing within fifty miles of the City, who is authorized by the property owners to receive inspection notices and other correspondence regarding violations pertaining to the property, other than citations or other legal process, and the property owners shall keep such information current with the City.

(b) LICENSE APPLICATION. Within sixty (60) days after the enactment of this section, the legal owner of record shall make written application to the City for a rental unit license upon such form or forms as the City shall from time to time designate. Such application shall be submitted together with a non-refundable rental license fee. The amount of such fee to be established by a resolution or ordinance of the Council.

(c) TEMPORARY CERTIFICATES. Upon receipt of a completed application for a license, the City Manager shall issue a non-transferable "Temporary Certificate" indicating that a license has been duly applied for, and that a non-transferable license shall be issued or denied after the building, including interior portions thereof, has been inspected for compliance with applicable provisions of the Building Code. It is the duty of the property owner to ensure that the inspection occur within thirty (30) days of the issuance of the temporary certificate and that any required maintenance, repairs and reinspection are completed within thirty (30) days of the date of inspection, except that the City Manager or his designee may extend the time for maintenance, repairs and reinspection upon a showing of good cause for such additional period as may be reasonable and necessary, in the City’s discretion. The temporary certificate shall expire sixty (60) days after issuance or, if an extension has been granted for repairs, maintenance and/or reinspection as provided herein, upon the expiration of such extended time period.

(d) INSPECTIONS. All rental properties shall be subject to periodic inspection to determine if they are in conformance with this Code. Permission for such inspections, upon a judicial warrant if required by the property owner or tenant, is a condition of any license or temporary certificate. Failure to allow entry for such inspection or to require any tenant to allow entry for such inspection upon a judicial warrant shall constitute a municipal infraction subject to a fine as set forth in Section 5-13 of this Chapter and shall further constitute sufficient reason for the denial or revocation of the rental license or temporary certificate. Whenever the housing inspector notices violations he shall reinspect the premises to confirm that the violations have been corrected. If the violations have not been corrected, there is hereby imposed an additional charge of fifty dollars ($50) for each succeeding reinspection, until compliance has been obtained. No charge shall be made hereunder for a reinspection unless written notice of such reinspection has been sent to the owner of record at least ten (10) days in advance of such scheduled reinspection. If notice of inspection or reinspection has been given at least ten (10) days in advance of a scheduled inspection or reinspection, and the property owner fails to contact the City prior to the date of such scheduled inspection or reinspection and fails to appear or otherwise make arrangements for the Code Enforcement Officer to gain access to the property for inspection purposes an addition additional charge of fifty dollars ($50) shall be imposed upon the property owner and shall be paid prior to the scheduling of any further inspection.

(e) REVOCATION OR DENIAL OF LICENSE INJUNCTION. A license may be removed or denied by the City Manager if the owner, after ten (10) days notice from the City, fails to eliminate violations of the Building Code. Revocation or denial of a license shall be in addition to, and not in substitution for, such other penalties as may be provided for said violations elsewhere in this Code.

(f) LICENSE RENEWAL. Licenses and temporary certificates issued hereunder shall expire one (1) year from the date of issuance and shall be renewable annually at the fees specified elsewhere in this Code. Application for renewals shall be made at least sixty (60) days prior to the expiration date. The license or certificate renewal fee shall be subject to a ten percent (10%) penalty per month, or any portion thereof, beyond the date due and payable.

(g) DISPLAY OF LICENSES. Licenses and temporary certificates issued under this section shall be produced on the demand of a tenant or prospective tenant and shall be available at reasonable times for examination by an authorized agent of the City.

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Sec. 5-10. Inspection of other buildings and structures.

(a) INSPECTIONS. The City Manager or his duly authorized representative is hereby authorized to inspect all dwellings, dwelling units, rooming units commercial buildings, commercial units, and premises to determine if they are in violation of the provisions of the Building Code.

(b) ENTRY. If any owner, occupant, or other person in charge of a structure subject to the provisions of this Code prevents entry and free access to any part of the structure or premises, the City Manager, upon the basis of an exterior inspection from the property line, shall make a determination as to whether there is reason to believe that a serious clear and present danger to the health and safety of the occupants or community exists.

1. Serious violation. If such a clear and present danger exists, the City Manager may initiate any appropriate action or proceedings and seek any appropriate order necessary to enforce the City's right of entry.

2. Less serious violations. In the absence of such a clear and present danger, the City Manager is authorized to conduct an exterior inspection from the property line. The owner shall be notified of exterior violations and prosecuted in the manner provided elsewhere in this Code.

(c) In the case of commercial buildings and commercial units, the inspection provided for in Subsection (a) of this Section shall be limited to exterior property area conditions and exterior structural conditions.

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Sec. 5-11. Unfit dwellings.

(a) DANGEROUS STRUCTURES. Any building or structure which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the City Manager.

1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.

2. One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.

3. One which because of its general condition or location is unsanitary, or otherwise dangerous to the health or safety of the occupants or of the public.

(b) POSTING OF PLACARD. Any building or structure declared as unfit for human habitation shall be posted with a placard reading "UNFAIR FOR HUMAN HABITATION" at each entrance by the City Manager. It shall be unlawful for any person to enter such building or structure (after the date set forth in the placard to vacate) except for the reason of making the required repairs or of demolishing the same.

The placard shall include the following:

1. Name of City;

2. The chapter and section of the Code under which it is issued;

3. An order that the dwelling or multifamily dwelling shall be vacated by a stated date, and must remain vacant until the order to vacate is withdrawn;

4. The date that the placard is posted;

5. A statement of the penalty for defacing or removal of the placard; and

6. A statement saying "This building is unfit for human habitation and its use or occupancy has been prohibited by the City of Bowie" and the placard shall bear the signature of the City Manager.

(c) REMOVAL OF PLACARD OR NOTICE. No person shall deface or remove the placard from any building or structure which has been declared or placarded as unfit for human habitation except by authority in writing from the City Manager.

(d) VACATING OF DECLARED BUILDINGS. Any building or structure declared as unfit for human habitation and so designated and posted shall be vacated within a reasonable time as ordered by the City Manager, and it shall be unlawful for any owner or operator to let any person inhabit said building or structure which has been declared and posted by the City Manager as unfit for human habitation after the date set forth in the placard.

The City Manager shall remove such placard whenever the defect or defects upon which the declaration and placarding action were based have been eliminated.

(e) NOTICE TO OWNER. Whenever the City Manager has declared a building or structure as unfit for human habitation, he shall give written notice to the owner.

Such notice to the owner shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the reason or reasons why it is being issued;

4. State the date occupants must vacate the dwelling units if the defects have not been eliminated and the order to vacate withdrawn.

(f) SERVICE OF NOTICE. Service of notice that the building is unfit and must be vacated is required as follows:

1. By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or

2. By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon; or

3. By posting a copy of the notice in placard form in a conspicuous place on the premises to be vacated.

(g) SEALING OF UNFIT STRUCTURE. It shall be the responsibility of the owner of the property to remove all unsanitary or flammable material and to board up all windows and doors after a building or structure has been properly determined to be unfit for human habitation, if such boarding up is determined by the City Manager to be necessary for reasons of health or safety. In the event that the owner of the property fails to properly seal the structure against unlawful entry, the City shall take action to remove unsanitary or flammable waste material and to board up all windows and doors so as to prevent entrance. The cost of said action shall be a lien on the property and collectible in the same manner as delinquent taxes.

(h) DEMOLITION OF UNFIT STRUCTURES. The City Manager shall order a building or structure to be demolished if it has been designated unfit for human habitation, has been posted as such, has been vacated, and has not been put into proper repair as to rescind the designation as unfit for human habitation and to cause the placard to be removed. After the City Manager has given an order to demolish an unfit structure, the following procedure shall be followed:

1. The owner of any building or structure which has been ordered demolished, shall be given notice in the manner provided for service of notice for unfit buildings and shall be given reasonable time, not to exceed ninety (90) days, to demolish such structure.

2. When the owner fails, neglects or refuses to demolish an unfit, unsafe or unsanitary building or structure unit within the requisite time, the City Manager may apply to a court of competent jurisdiction for a demolition order to undertake the demolition. The cost of the demolition shall be a lien on the property and collectible in the same manner as delinquent taxes.

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Sec. 5-12. Emergencies.

(a) EMERGENCY ACTION. Whenever in the judgment of the City Manager an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued without notice, conference or hearing, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency.

(b) VACATING BUILDINGS. When in the opinion of the City Manager, there is a clear and present danger to the health or safety of the occupants, the City Manager is authorized and empowered to order and require the occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows: "This Building is Unsafe and Its Use or Occupancy Has Been Prohibited by the City Manager", and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.

(c) TEMPORARY SAFEGUARDS. When, in the opinion of the City Manager, there exists grossly unsanitary conditions or an immediate danger of collapse or failure of a building or structure or part thereof which could endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been initiated.

(d) CLOSING STREETS. When necessary for the public safety, the City Manager may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe buildings, and prohibit the same from being used.

(e) EMERGENCY REPAIRS. For the purpose of this section, the City Manager shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(f) COSTS OF EMERGENCY REPAIRS. Costs incurred in the performance of emergency work shall be a lien on the property and collectible in the same manner as delinquent taxes.

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Sec. 5-13. Violations.

(a) NOTICE. Whenever the City Manager determines that there has been or is a violation of the provisions of this Code, he shall give notice to the owner. Such notice shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the reason or reasons why it is being issued; and

4. State the time to correct the conditions. Service of notice that a dwelling is in violation shall be as follows:

1. By delivery to the owner personally or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion, or

2. By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon.

(b) PENALTY FOR VIOLATIONS. Violations of this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Sections 6 and 6A of this Code, unless otherwise provided herein.

1. Violations of Section 5-7 of this Chapter with respect to commercial buildings or commercial units are subject to a fine of One Hundred Dollars ($100.00) for the first violation, and Two Hundred Dollars ($200.00) for a second violation, Three Hundred Dollars ($300.00) for a third violation, and Five Hundred Dollars ($500.00) for each repeat violation in excess of four.

2. Violations of Section 5-9 of this Chapter with respect to licensing of rental units by person who are licensed or one or more rental units and who fail to obtain a license for additional units are subject to a fine of Two Hundred Dollars $200.00.

3. Violations of the stop work provisions of Section 5-4(f) of this Chapter are punishable by a fine of five hundred dollars ($500) for each violation.

(c) Whenever violations of this Article have not been corrected within sixty (60) days of issuance of same, the City Manager is authorized to apply to the Circuit Court for Prince George's County for an injunction to counsel the owner to correct the violation(s), and to make such other provision to secure compliance with this Code as the Court sees just and proper. In particular, the City Manager is authorized to request the Court to appoint a trustee to exercise the owner's rights at the earliest time permitted by law to terminate the occupancy rights of the existing tenants; and to request the Court to enjoin the renting or rerenting of the premises upon the termination of the existing tenancy and to request the Court to order the City to perform or have performed all repairs necessary to bring the structure into compliance with this Code and to charge the cost of such repairs as a lien on the property to be included in the next tax bill and to further request the Court to allow a judgment against the owner for the reasonable attorney's fees of the City and for the reasonable administrative costs, including salary and overhead, incurred in connection with the enforcement effort. (Sec. 5-13 (b) and (c) amended by O-17-94, adopted 10/3/94; Sec. 5-13 amended by O-10-07, adopted 9/17/07, effective 10/17/07).

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Sec. 5-14. Hearings.

Any person aggrieved by an action of the City Manager or a City Code Enforcement Official under the provisions of this Chapter may, within fifteen (15) days of receipt of notice of action by the City Manager or City Code Enforcement Official, request a hearing before the Administrative Review Board. Hearing requests shall be on forms provided by the City Manager and shall be filed with the City Manager who will notify the appellant in writing of the time and place set for the hearing. A hearing shall not operate to stay the action of the City unless the City Manager stays the action for good cause. The hearing shall be open to the public and records and minutes shall be maintained by the said Committee at all such hearings. Within ten (10) days after said hearing, the Committee shall make a recommendation to the City Mangers as to the reversal, modification or affirmation of the action complained of, and shall issue its recommendation in writing and provide a copy thereof to the person aggrieved.

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Sec. 5-15. Validity.

(a) SAVING CLAUSE. This Chapter 5 of the Code shall not affect violations of any ordinance, code or regulation of the municipality existing prior to the effective date of this provision of the Code (which date was October 1, 1979) and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

(Sec. 5-15 amended by O-06-90, 4/16/90).

(Chap. 5 amended and renumbered by O-08-92, adopted 5/4/92, effective 6/3/92).

(Chap. 5 amended by O-4-98, adopted 2/2/98, effective 3/4/98).

(Chap. 5, Section 5-6 (25) and Section 5-7 (b) 1. amended by O-5-98, adopted 2/17/98, effective 3/18/98).

(Chap. 5, Article II, Sections 5-6, 5-7, 5-9, amended by O-6-00, adopted 11/6/00, effective 12/06/00.)

(Chap. 5, Article II, Subsection (b)(2) and (b)(3) amended by O-8-02, adopted 9/3/02, effective 10/3/02).

(Chap. 5, Article II, Sections 5-7, 5-9, 5-13 amended by O-4-07, adopted 5/7/07, effective 6/6/07).

(Chap. 5, Sections 5-4 and 5-13 amended by O-10-07, adopted 9/17/07, effective 10/17/07).

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