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No person owning or having charge or control of any premises shall allow to exist thereon any dry vegetation, standing or otherwise, or any combustible waste or refuse of any nature which, by reason of its proximity to buildings or structures, would constitute a fire hazard. (1975 L.M.C., ch. 23, § 1.)
Cross reference-Weeds, ch. 58.
(a) Commencement of proceedings to repair, etc. Whenever the Director has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation, securing or demolition of the building.
(b) Ordering dangerous materials or conditions removed. Whenever the Director shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied immediately.
(c) Vacation of premises; locking, etc. of premises. Whenever the Director shall find any building or other structure which, for want of repairs, or because of damage done by storm, fire, explosion, natural wear and tear or other causes of damage or deterioration, is in such condition as to constitute an immediate and present danger to life, property or public safety, the Director is authorized to order the premises vacated immediately, if occupied, and is further authorized to post notice on the property and to order the property locked and boarded to prevent any person from entering onto the premises. If the unsafe and dangerous conditions are not corrected in accordance with the order of the Director and no appeal has been taken as provided in this chapter, the building or structure may be secured and boarded by the county or may be removed by the county, whichever shall be required to remedy the unsafe condition. If the owner has not maintained or has been unable to maintain the building in a safe, locked and boarded condition as previously ordered, the Director may order the demolition of the building, the filling of any excavation and the clearing of the property so that it will be in a safe condition. The cost of removal or securing by the county shall be charged to the owner of the property in the manner of taxes and such charge shall be a lien on the property. The cost to the county for removal or securing may also be collected as other debts. Nothing in this section is intended to provide authority to order removal or to remove buildings for aesthetic reasons only.
(d) Notice and order generally. The Director shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
(1) The street address and legal description sufficient for identification of the premise upon which the building is located.
(2) A statement that the Director has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous.
(3) A statement of the action required to be taken as determined by the Director.
(4) Statements advising that if any required repair or demolition work is not commenced within the time specified, the Director may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
(5) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order to the board of appeals; provided, that the appeal is made in writing as provided in this code, and filed within ten (10) days from the date of service, and (ii) that failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter.
(e) Method of service of notice and order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the county or as known to the Director. If no address of any such person so appears or is known to the Director, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings, and a copy shall be posted at or near the main entrance to the building. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(f) Posting and form of notice to vacate. Every notice to vacate must, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Department of
Permitting Services
Montgomery County, Maryland
or to remove or deface this notice.
Department of
Permitting Services
Montgomery County, Maryland
(g) Compliance with notice to vacate. Whenever such notice is posted, the Director shall include a notification thereof in the notice and order issued by him under subsection (d) of this section reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed. Any person violating this subsection shall be guilty of a misdemeanor.
(h) Stay of notice and order during appeals. Except for vacation orders, enforcement of any notice and order of the Director issued under this section shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(i) Failure to obey order. After any order of the Director or the board of appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey and such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.
(j) Authority of Director on failure to obey final order. If, after any order of the Director or board of appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Director may (i) cause such person to be prosecuted undersubsection (i) of this section or (ii) institute any appropriate action to abate such building as a public nuisance, or both.
(k) Extensions. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Director may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
(a) Storage facilities required. Every premises shall be provided with a specifically designated room or container in or on the premises for the temporary storage of combustible waste or refuse. It is the duty of the owner of property to provide the facilities for the storage of trash except in case of a one- or two-family dwelling in which case it shall be the duty of the occupant to provide these facilities.
(b) Maintenance of storage facilities. All storage or holding facilities located inside of buildings shall be maintained in accordance with NFPA Standard on Incinerators and Rubbish Handling, #82. The adoption of this standard shall not be construed to permit the construction or operation of any incinerator in violation of any air pollution regulation.
(c) Handling. All handling activities shall be performed in accordance with the standard set forth in subsection (b) of this section.
(d) Construction of storage containers. All containers used to collect waste in any building that exceed five (5) cubic feet in volume shall be constructed of noncombustible materials and equipped with a tight-fitting cover.
(e) Storage of combustible waste. Combustible waste and refuse shall be stored in:
(1) Approved containers which are constructed of noncombustible materials equipped with a tight-fitting cover; or
(2) An approved bin constructed of noncombustible materials having a self-closing cover that will operate automatically in case of fire inside the bin; or
(3) Rooms used exclusively for such storage; or
(4) Such other isolated areas either inside or outside of buildings that are approved by the Director.
(f) Automatic sprinkler protection. Automatic sprinkler protection shall be provided in all inside storage rooms or areas, chute discharge rooms or areas, compactor rooms and rubbish chutes.
(g) Closure of containers. Storage containers not equipped with approved automatic closing covers shall be closed at all times except when trash is actually being loaded or unloaded.
(h) Violation of section. Any person who places, keeps or stores or permits to be placed, kept or stored any combustible waste, rubbish or refuse in any area or facility in violation of this section shall be guilty of a misdemeanor.
(i) Obstruction of entrances or exits with containers. The containers shall not obstruct any entrance or exit.
(j) Accumulation in rubbish chutes. Trash or combustible waste shall not be stored or permitted to accumulate in rubbish chutes. Trash shall be removed from the chute continuously or as often as necessary to prevent accumulation.
(k) Setting fire, etc., to refuse. Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any combustible waste or refuse located in a chute, bin, compactor, room, container or other facilities provided for the collection of waste or refuse, shall upon conviction thereof, be sentenced in accordance with the penalties section of this chapter. (1975 L.M.C., ch. 23, § 1.)
The use of charcoal burning, other fuel burning or electric cooking equipment outside of any multi-family dwelling shall be prohibited unless such cooking equipment is at least twenty (20) feet from every part of the building. The provisions of this section shall not apply to townhouses, row houses or other multi-family dwellings where all dwelling units are side by side and none are superimposed above another. (1975 L.M.C., ch. 23, § 1.)
The use in buildings, trailers and other confined areas of charcoal fired stoves or grills shall be prohibited, except where such stove is provided with an approved system to vent gaseous combustion products directly to the outside. (1975 L.M.C., ch. 23, § 1.)
Portable heaters shall be designed and located so that they cannot be easily overturned. The Director may prohibit use of portable heaters in occupancies or situations in which such use or operation would present an undue danger to life or the property of others. (1975 L.M.C., ch. 23, § 1.)
(a) Any person using a torch or other flame-producing device for removing paint from any building or structure shall provide one approved fire extinguisher or water hose connected to a water supply in the area where such burning is done. In all cases, a fire watcher shall remain on the premises for one (1) hour after the torch or flame-producing device has been used.
(b) Any person using a torch or other flame-producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity where the sweating is done one (1) approved fire extinguisher or water hose connected to a water supply. Combustible material in the close proximity of flame shall be protected against ignition by shielding, wetting or other approved means. In all cases, a fire watcher shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used. (1975 L.M.C., ch. 23, § 1.)
(a) Designated areas where smoking prohibited. Where conditions are such as to make smoking a hazard in any areas of piers, wharves, warehouses, stores, industrial plants, institutions, schools, places of assembly and in open spaces where combustible materials are stored or handled, the Director is empowered and authorized to order the owner or occupant in writing to post “No Smoking” signs in each building, structure, room or place in which smoking shall be prohibited. Such signs shall be conspicuously and suitably located. The Director shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.
(b) Form of “No Smoking” signs. The lettering, size, color and location of legally required “No Smoking” signs shall be subject to the approval of the Director.
(c) Removal of signs prohibited. It shall be unlawful for any person to remove or mutilate or destroy any legally required “No Smoking” sign.
(d) Compliance with “No Smoking signs.” It shall be unlawful for any person to smoke or throw or deposit any lighted or smoldering substance in any place where “No Smoking” signs are posted or in any other place where smoking would occasion or constitute a fire or life hazard.
(e) Stables. No person shall carry or use a lighted candle, lighted lamp or any other open flame nor smoke or carry any lighted cigar, cigarette or pipe nor light any matches in any public stable. (1975 L.M.C., ch. 23, § 1.)
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