§§ 1-6-24 — 1-6-30. RESERVED.

ARTICLE III: MINIMUM LIVABILITY CODE (§§ 1-6-31 — 1-6-49)

Section

   1-6-31   General provisions

   1-6-32   Definitions

   1-6-33   Application

   1-6-34   Code enforcement

   1-6-35   Duties and powers of code official

   1-6-36   Condemnation

   1-6-37   Notices and orders

   1-6-38   Violations

   1-6-39   Right to appeal

   1-6-40   Environmental requirements

   1-6-41   Light and ventilation requirements

   1-6-42   Plumbing facilities and fixture requirements

   1-6-43   Mechanical and electrical requirements

   1-6-44   Fire safety requirements

   1-6-45   Responsibilities of persons

   1-6-46   Severability

Cross references:

   Electricity, see Chapter 1-7;

   Health and sanitation, see Chapter 1-11;

   Plumbing, see Chapter 1-14;

   Unsafe buildings, see Chapter 2-4, Art. II;

   Zoning, see Chapter 1-19

§ 1-6-31. GENERAL PROVISIONS.

   (A)   Title. This article shall be known as the “Minimum Livability Code.”

   (B)   Scope. This code is created to protect the public health, safety, and welfare in residential structures and premises by:

      (1)   Establishing minimum property maintenance standards for basic equipment and facilities used for light, ventilation, heating and sanitation for residential structures and premises, and for safe and sanitary maintenance of residential structures and premises;

      (2)   Establishing minimum requirements for residential structures and premises for means of egress, fire protection systems and other equipment and devices necessary for safety from fire;

      (3)   Fixing the responsibilities of property owners, operators and tenants of residential structures and premises; and

      (4)   Providing for administration, enforcement and penalties.

   (C)   Intent. This code shall be construed liberally and justly to protect public health, safety and welfare insofar as they are affected by the continued use and maintenance of residential structures and premises.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

§ 1-6-32. DEFINITIONS.

   (A)   Rules of interpretation.

      (1)   Unless otherwise expressly stated, the terms defined in subsection (B) of this section shall have the meanings indicated for purposes of this code.

      (2)   Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural the singular.

      (3)   When terms are not defined, through the methods authorized by this section, they shall have their ordinarily accepted meanings such as the context may imply.

   (B)   Terms defined.

      BASEMENT. That portion of a structure which is partly or completely below grade.

      CENTRAL HEATING. The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable areas from a source outside of these areas.

      CODE. The Minimum Livability Code regulations.

      CODE OFFICIAL. The Director of the Frederick County Department of Housing and Community Development or her designee.

      CONDEMN. To declare a structure or part of it, premises, or equipment, unsafe or unfit for use or occupation.

      EXTERMINATION. The control and elimination of insects, rodents, or other pests by:

         (a)   Eliminating their harborage places;

         (b)   Removing or making inaccessible materials that may serve as their food;

         (c)   Poison spraying, fumigating, trapping, or by any other pest elimination methods which have received all necessary and legally required approvals.

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

      HABITABLE AREA. The space in a structure used for living, sleeping, eating, or cooking, including bathrooms and toilet compartments. Closets, halls, storage or utility space, and similar areas are not considered habitable areas.

      HOUSING UNIT. A single unit of a structure providing or intended to provide complete living and sleeping facilities for 1 or more persons.

      INFESTATION. The presence, within or contiguous to a structure or premises of insects, rodents, vermin or other pests.

      MAINTENANCE. The repair and other acts intended to prevent a decline in the condition of a structure, premises, or equipment below the standards established by this code and other applicable statutes, codes and ordinances.

      OCCUPANT. An individual having possession of a space within a housing unit.

      OPERATOR. A person who has charge, care, or control of a structure or premises which is offered for occupancy.

      OWNER. PROPERTY OWNER, as defined below.

      PERSON. An individual, partnership, limited partnership, trust, estate, association or corporation.

      PLUMBING. The practice, materials, facilities, and fixtures used in the installation, maintenance, extension or alteration of all piping, fixtures, appliances, and appurtenances within the scope of the applicable plumbing code.

      PLUMBING FIXTURE. A receptacle or device which:

         (a)   Is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from it;

         (b)   Discharges used water, liquid- borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or

         (c)   Requires both a water supply connection and a discharge to the drainage system of the premises.

      PREMISES. A lot, plot or parcel of land, including the structures on it.

      PROPERTY OWNER. A person having a legal or equitable interest in the premises, including the guardian of the estate of the person, or the executor or administrator of the estate of the person if ordered to take possession of the premises by a court.

      RUBBISH. Paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials as well as the residue from the burning of wood, coal, coke, and other combustible materials.

      STRUCTURE. A residential structure used for human habitation.

      TENANT. An occupant other than a property owner.

      VENTILATION.

         (a)   VENTILATION means the process of supplying and removing air by natural or mechanical means to or from a space.

         (b)   MECHANICAL VENTILATION means ventilation by power-driven devices.

         (c)   NATURAL VENTILATION means ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks without power- driven devices.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

§ 1-6-33. APPLICATION.

   (A)   The Minimum Livability Code shall apply to residential structures used for human habitation except:

      (1)   Owner-occupied single-family housing units; or

      (2)   Housing exempted by the code official.

   (B)   Repairs or alterations to a structure, or changes of use to it, which may be caused directly or indirectly by the enforcement of this code shall be done in accordance with the procedures and provisions of the Frederick County Building Code, the Frederick County Plumbing Code, the Frederick County Electrical Code or any other law or ordinance applicable to housing in Frederick County.

   (C)   The provisions in this code do not abolish or impair any remedies available to the county or its officers or agencies relating to the removal or demolition of any structures which are deemed to be dangerous, unsafe, and unsanitary.

   (D)   Repairs, maintenance, alterations, or installations which are required for compliance with this code shall be executed and installed in accordance with industry standards so as to secure the results intended by this code.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

Cross references:

   Building Code, see Chapter 1-6, Art. II;

   Electrical Code, see Chapter 1-7, Art. III;

    Plumbing Code, see Chapter 1-14, Art. IV

§ 1-6-34. CODE ENFORCEMENT.

   (A)   Enforcement. It shall be the duty and responsibility of the Director of the Frederick County Department of Housing and Community Development or her designee to enforce the provisions of this code.

   (B)   Waiver. The Director of the Frederick County Department of Housing and Community Development may waive applicability of this code, in whole or part, to a unit of rental housing on application of the owner if:

      (1)   Adequate notice is afforded a tenant of the unit; that is, a copy of the said application is either hand-delivered or mailed first class to the tenant with a request for comment;

      (2)   The tenant is afforded an opportunity to comment on the application either in writing or in person; and

      (3)   The waiver would not threaten the health or safety of a tenant.

   (C)   Displacement. A person may not be displaced by enforcement of the Minimum Livability Code unless alternate housing of comparable affordability is available within a reasonable distance of the vacated premises.

   (D)   Enforcement and waiver applications are not intended to supersede any state laws pursuant to the Maryland Code Annotated as follows:

      (1)   State fire laws, Md. Code Ann., Public Safety Article, Title 6;

      (2)   State elevator laws, Md. Code Ann., Public Safety Article, Title 12, Subtitle 8; and

      (3)   State boiler laws, Md. Code Ann., Public Safety Article, Title 12, Subtitle 9.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)