Chapter 6.12
PROPERTY MAINTENANCE CODE*
Sections:
6.12.010 Property Maintenance Code—Administration.
6.12.020 Adoption of Property Maintenance Code.
6.12.050 Property Maintenance Code—Motor vehicles.
6.12.060 Property Maintenance Code—Premises identification.
6.12.070 Property Maintenance Code—Graffiti.
* Legislative History: M.C. 1961, Art. 15; Ord. No. 2073; Ord. No. 2555, 3/23/81; Ord. No. 2589, 10/13/81; Ord. No. 1987-59, 11/16/87; Ord. No. 1993-5, 4/12/1993; Ord. No. 1994-11, 2/25/1994; Ord. No. 1994-24, 10/10/1994; Ord. No. 1995-43, 12/11/1995; Ord. No. 2002-26, 7/29/2002.
6.12.010 Property Maintenance Code—Administration.
A. Title. This chapter shall be known as the Property Maintenance Code of the City of Takoma Park, hereinafter referred to as “this code” or as “Property Maintenance Code.”
B. Scope. The provisions of the Property Maintenance Code shall apply to the exterior of all existing residential and nonresidential structures, to all premises and appurtenances of such residential and nonresidential structures, and to vacant land. The provisions of this code shall also apply to the interior and exterior of all residential rental structures and all nonresidential structures which are required to be licensed and inspected by the City and all existing premises and to all premises and appurtenances of such residential structures. These code provisions 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 premises, and for administration, enforcement, and penalties.
C. Code Enforcement Officers. The City Manager is authorized to designate employees, contractors or agents of the City to administer and enforce the provisions of the Property Maintenance Code. The persons so authorized shall be known as Code Officials or Code Enforcement Officers.
D. Restriction of Employees. An employee, contractor or agent of the City who is responsible for the enforcement of any provision of the Property Maintenance Code shall not own or manage rental residential property or nonresidential property within the City and shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building within the City, or in the preparation of construction documents thereof. No employee, contractor or agent of the City shall engage in any work that conflicts with his or her enforcement of any provision of the Property Maintenance Code. (Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003/Ord. 2003-7 § 1 (part), 2003: prior code § 6-300)
6.12.020 Adoption of Property Maintenance Code.
The provisions of Chapter 26, Housing and Building Maintenance Standards, of the Montgomery County Code, as amended from time to time, are adopted as the Property Maintenance Code of the City of Takoma Park, Maryland. (Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003: Ord. 2003-7 § 1 (part), 2003: prior code § 6-301)
6.12.030 Property Maintenance Code—Amendments to Chapter 26, Housing and Building Standards, of the Montgomery County Code.
A. The word “County” in Section 26-1, Purpose, is amended to read “City.”
B. The definitions set forth in Section 26-2, Definitions, are amended as follows:
Chief Administrative Officer or CAO: The Chief Administrative Officer or the CAO’s designee and the City Manager of the City of Takoma Park or the City Manager’s designee.
Director: The Director of the Department of Housing and Community Affairs, or the Director’s designee and the City Manager of the City of Takoma Park or the City Manager’s designee.
Enforcing Agency:
1. The Department of Housing and Community Affairs;
2. Any other agency of County government which the Chief Administrative Officer assigns to enforce this Chapter;
3. The City of Takoma Park; or
4. Any employee, agency or department of the City government or any City contractor or agent which the City Manager assigns to enforce the Property Maintenance Code or any provision thereof.
(Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003: prior code § 6-302)
6.12.040 Property Maintenance Code—Deletions from Chapter 26, Housing and Building Standards, of the Montgomery County Code.
The following sections of Chapter 26, Housing and Building Standards, of the Montgomery County Code, are hereby deleted:
Section 26-3. Applicability; exemptions.
Section 26-4. Compliance with other laws, subsection (a), Other County laws apply.
Section 26-16. Penalty for violation of Chapter. (Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003: prior code § 6-303)
6.12.050 Property Maintenance Code—Motor vehicles.
A. No inoperative, immobile, or severely damaged or unlicensed motor vehicle or transport vehicle designed to be towed such as a utility or boat trailer shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. A license plate with current expiration tags or a temporary registration placard must be displayed on the motor vehicle at all times.
B. Parking of motor vehicles and transport vehicles shall be limited to surfaced parking areas, driveways, and designated parking structures such as garages and carports. A surfaced area is land where the natural surface has been altered by gravel, stone, brick, concrete, asphalt, or any other material that facilitates the parking of a motor vehicle. (Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003: prior code § 6-304)
6.12.060 Property Maintenance Code—Premises identification.
Buildings shall display Arabic numbers designating assigned street address. Address displays must be posted on a contrasting background and displayed in a conspicuous place that is unobstructed and clearly readable from the street. (Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003: prior code § 6-305)
6.12.070 Property Maintenance Code—Graffiti.
A. Purpose and Intent. Graffiti on public and private property is a public nuisance and a blighting factor which deteriorates property and depreciates the value of the affected property, as well as the adjacent and surrounding properties. The Council intends, through adoption of this section, to help prevent the spread of graffiti vandalism, to require the removal of graffiti, and to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement.
B. Graffiti Defined. “Graffiti” means any inscription, mark, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise applied to any surface of public or private property without the authorization of the owner of the property.
C. Prohibition of Graffiti. It is unlawful for any person to apply graffiti to any natural or manmade surface on any public property or, without the permission of the owner, on any private property.
D. Removal of Graffiti by Perpetrator. Any person applying graffiti on public or private property shall remove or effectively obscure the graffiti within 24 hours after notice by the City or private owner of the property involved. Any person applying graffiti shall be responsible for the removal or for payment of cost of removal of the graffiti. Failure of any person to remove graffiti or pay for the removal shall be a violation of this section. Where graffiti is applied by a minor, the minor’s parents or legal guardian shall also be responsible for the removal of the graffiti or for payment of the cost of the removal.
E. Removal of Graffiti by Property Owner or City. If the graffiti is not removed or effectively obscured by the perpetrator according to subsection (D) of this section, the graffiti shall be removed pursuant to the following provisions:
1. Property Owner Responsibility. It is unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession or control of property (hereinafter “responsible party”) to fail to remove or effectively obscure any graffiti upon such property.
2. Notice. Whenever the City becomes aware of the existence of graffiti on any property, the City shall give written notice to the property owner or responsible party to remove or effectively obscure such graffiti within seven calendar days from the date of service of the written notice. The form and method of service of the notice of violation shall be as set forth in the Property Maintenance Code, Section 26-12 (Notice of violation; order to comply) of the Montgomery County Code.
3. Right of City to Remove.
a. Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the graffiti is not removed within the time specified in subsection (E)(2) of this section or any extension of time granted by the City for good cause shown, or if the City has requested consent to remove or effectively obscure the graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City or has failed to respond to the request for entry, then the City shall commence proceedings for the graffiti removal according to the provisions specified below.
b. The City Manager, or the designee of the City Manager, serving as the Hearing Officer, shall provide the property owner whose name appears in the tax records and the responsible party, if a person different from the owner, not less than 48-hour notice of the City’s intent to hold a due process hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice of the due process hearing shall be served as set forth in the Property Maintenance Code, Section 26-12 (Notice of violation; order to comply), subsection (d), of the Montgomery County Code.
c. Determination of Hearing Officer. The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the property owner or responsible party, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give written notice that, unless the graffiti is removed within one week, the City shall enter upon the property and remove or cause the graffiti to be removed or effectively obscured and charge the property owner or responsible party for the expenses incurred by the City in such graffiti removal.
d. Payment of Removal Costs—Lien. The City shall send a bill for the cost of the graffiti removal to property owner or responsible party. If all or any portion of the bill remains unpaid after 30 calendar days, then the cost shall be a lien against the property which may be collected and enforced in the same manner as are taxes, special assessments and other liens on real property or collected as provided for in Section 6.40.020.
F. Exemption. This section shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children’s activities, such as hopscotch and the like, nor temporary, easily removable chalk or water soluble markings used in connection with any lawful business or public purpose or any City-approved public art project or activity. (Ord. 2013-25 § 1, 2013/Ord. 2003-24 § 4 (part), 2003: prior code § 6-306)