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The owner of each dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a) Natural light. Each habitable room must contain windows, skylights, shutters, monitors, glazed doors, transoms, glass block panels, or other light transmitting media open to the sky or to a public street, yard or court which comply with the requirements for lighting in Chapter 8.
(1) When windows and exterior doors are used to provide natural light and ventilation, their aggregate glass area must be at least 8 percent of the floor area of each habitable room.
(2) If walls or other portions of structures face a window of any habitable room and are located less than 3 feet from the window and extend above the ceiling of the room, the window must not be included in the required minimum total window area.
(3) If the only window in a room is a skylight in the ceiling, the minimum aggregate glass area of the skylight must be at least 15 percent of the floor area of the room.
(4) Alternate arrangements of windows, doors or other methods that will provide the equivalent minimum light performance as prescribed in Chapter 8 may be used, but every individual living unit must have at least one window which aggregate glass area greater than 4 percent of the floor area of all rooms in the individual living unit.
(b) Artificial light. Each common hallway and stairway in a multiple dwelling and personal living quarters building must be adequately lighted with lighting facilities sufficient to provide at least 3 foot-candles of light at the floor or stair tread level at all times. Each common hallway and stairway in a structure devoted solely to dwelling occupancy and containing not more than 4 dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
(c) Ventilation. Each habitable room must provide adequate ventilation that meets the minimum standards prescribed in Chapter 8.
(1) When ventilation is provided by windows and exterior doors, the total of the openable window or door area in each habitable room must be at least 45 percent of the minimum aggregate glass area of the window or skylight as required in subsection (a) or 4 percent of the floor area of every habitable room.
(2) Every window or opening to outdoor space, used or intended to be used for ventilation, must be supplied with screens or other method of insect control approved by the Director.
(3) Every window used or intended to be used for ventilation, and every other opening in any dwelling which might provide an entry for rodents, must be supplied with a screen or other device which effectively prevents their entrance.
(d) Light and ventilation for bathrooms. Each bathroom and water closet compartment must comply with the light and ventilation requirements in Chapter 34 or applicable plumbing regulations of the Washington Suburban Sanitary District.
(e) Space and water heating. Each dwelling or dwelling unit, personal living quarters building, and transient lodging facility must be supplied with space and water heating facilities which are properly installed and are maintained in safe and good working condition. Either central or space heating may be used, but each must meet the following requirements:
(1) Central heating. Each central heating unit or central hot water heating unit must:
(A) have each heat duct, steam pipe, or hot water pipe free of leaks and functioning properly to provide a sufficient amount of heat and hot water to the intended place of delivery;
(B) be equipped with seals between sections of hot air furnaces to prevent the escape of toxic gases into heat ducts;
(C) if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and
(D) be provided with automatic safety devices which are installed and operated as required by applicable County regulations.
(2) Space heating; hot water. Each space heating or hot water unit must:
(A) not use gasoline as a fuel;
(B) not be manufactured or designed to be portable if the unit uses solid, liquid, or gaseous fuel;
(C) if the unit uses a flame, be connected to a flue or vent as required by applicable County regulations;
(D) if the unit uses gaseous fuel, be connected with a non-flexible metal tubing;
(E) if the unit uses solid or liquid fuels, have a fire resistant panel beneath it;
(F) be located at least 2 feet away from any wall, or be equipped with insulation sufficient to prevent the overheating of any wall as prescribed by applicable standards of the American National Standards Association or the National Fire Protection Association;
(G) if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and
(H) be installed and operated as required by applicable County regulations.
(3) Temperature control - space heating.
(A) Each owner of a dwelling unit or individual living unit where the heat is not under the control of the tenant must maintain a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.
(B) Each owner of a dwelling unit or individual living unit where the heat is under the control of the tenant must provide in working condition heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.
(C) If the thermostat or other mechanism governing the heat in more than one dwelling unit in a multiple dwelling or individual living unit in a personal living quarters building is located in a dwelling unit or individual living unit where the occupant of that unit controls the heat delivery to other dwelling units or individual living units, the owner must provide each tenant with an emergency phone number to directly contact a person who has 24-hour access to adjust the heat and who will adjust the heat within 2 hours.
(4) Temperature control - hot water. Water-heating facilities necessary to provide hot water required by this Chapter must be capable of heating water to a temperature that permits a sufficient amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees or more than 140 degrees Fahrenheit. The supplied water-heating facilities must be capable of meeting applicable water heat requirements when heating facilities required under this Chapter are not operating.
(f) Temperature control – air conditioning in rental housing.
(1) For purposes of this subsection, rental housing has the meaning stated in Section 29-1, except that rental housing does not include:
(A) a detached single-family home; or
(B) a dwelling unit located on a site listed in the National Register of Historic Places.
(2) Except as provided in paragraph (3), between June 1 and September 30:
(A) Each owner of rental housing where the cooling is not under the control of the tenant must maintain a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
(B) Each owner of rental housing where the cooling is under the control of the tenant must provide an air conditioning system capable of maintaining a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
(C) An owner of rental housing must provide a tenant an emergency phone number to directly contact a representative, with 24-hour access to adjust the thermostat, if the cooling system is incapable of maintaining the temperature required under paragraph (2)(A) and (2)(B) of this subsection.
(3) A landlord may apply for, and the Director may grant, an extension of up to six months to comply with the requirements of this Section if the Director finds that:
(A) the landlord must make electrical upgrades to the rental housing to comply with the requirements; and
(B) making the upgrades would cause financial hardship to the landlord.
(4) This subsection must not be construed to permit any violation of a fire safety requirement under Section 26-8(a). (2002 L.M.C., ch. 15
, § 1; 2020 L.M.C., ch. 4, §1; 2024 L.M.C., ch. 10, § 1.)
Editor’s note—2020 L.M.C., ch. 4, §§2, 3, and 4 state: Sec. 2. Transition. For 12 months following the effective date of this Act, a landlord may request, and the Director may grant, delayed implementation of the requirements of this Act for any real property that is the subject of a pending application for a necessary approval for development before the Planning Board, Board of Appeals, or Office of Zoning and Administrative Hearings. The period of delayed implementation for a property may not exceed the sooner of the completion of the development or 24 months.
Sec. 3. Impairment of Leases. This Act must not be construed to invalidate or impair a lease in effect on the effective date of the Act.
Sec. 4. Financing. The Executive must, subject to appropriation and applicable law, explore options to offer low-interest financing to landlords who need to upgrade their electrical systems to comply with the requirements of this Act.
Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; former § 26-6, “Minimum standards for light, ventilation and heating,” which was derived from Mont. Co. Code 1965, § 91-6; 1972 L.M.C., ch. 12, § 2; 1972 L.M.C., ch. 16, § 13; 1979 L.M.C., ch. 11, § 3; 1980 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; and former § 26-7, “Temperature control,” which was derived from 1972 L.M.C., ch. 12, § 3; 1973 L.M.C., ch. 27, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, were repealed, reenacted with amendments, renumbered §§ 26-6 and 26-7, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
(a) Fire safety - means of escape.
(1) Each dwelling unit, individual living unit, and rooming unit must have a safe, unobstructed means of escape leading to safe and open space at ground level, as required by Chapters 8 and 22.
(2) Each mobile home must have at least 2 exit doors which provide a means of unobstructed escape and are located at a sufficient distance from each other to assure safe escape from any part of the mobile home in a fire or emergency. Each exterior mobile home door must:
(A) be constructed for exterior use;
(B) open outward;
(C) be capable of being opened from the inside by the use of a lever, knob, button, handle, or other device which does not require a key for operation from the inside; and
(D) provide a 26-inch wide clear opening, unless otherwise permitted as an emergency exit only.
(3) Each room in a mobile home designed expressly for sleeping purposes, unless it has an exit door, must have at least one outside window which:
(A) can be opened from the inside without using tools;
(B) has a clear opening of not less than 22 inches in the least dimension and 5 square feet in area, with the bottom of the opening not more than 4 feet above the floor; and
(C) if supplied with a screen or storm window, must have the screen or storm window readily removable without using a tool.
(b) Fire safety - smoke detectors.
(1) The owner of each occupied dwelling unit must provide smoke detectors in that dwelling unit as required by Section 22-96 and Section 17-37.
(2) Where an enforcing agency finds that smoke detectors have not been properly installed or maintained in working order, the agency must promptly report this fact to the Fire and Rescue Service or notify the nearest fire station.
(c) Doors off common areas, multi-family dwellings. Any door in a multi-family dwelling which opens onto an exit access corridor must be self-closing and self-latching, and must have a minium 20-minute fire protection rating under the applicable fire safety provision.
(d) Security in multiple dwelling units and personal living quarters buildings.
(1) Each owner of a rental dwelling unit in any multiple dwelling or of a personal living quarters building must supply, install and maintain locks and other security measures for doors and windows.
(2) A person must not replace or alter any keyed lock, or place a new lock on the entrance of a dwelling unit, without first providing both the tenant and owner of that dwelling unit with a suitable functional key to operate the lock. A tenant must obtain permission from the owner, in writing, before installing a lock.
(3) (A) Every owner of a personal living quarters building or 2 or more contiguous rental dwelling units must alter the required deadbolt locks on all affected dwelling unit, personal living quarters, and individual living unit entrance doors between tenancies to protect against misuse of a master key or if the enforcing agency notifies the owner that the agency has reason to believe that a master key has been lost or stolen or is being used in the commission of a crime.
(B) The owner must restrict access to any master key, or any other key which operates more than one key cylinder. Every master key must be accounted for at all times. Master key records must be available for inspection by the enforcing agency or the police department during normal business hours.
(4) Door locks.
(A) Each swinging entrance and exit door to a personal living quarters building, individual living unit, or rental dwelling unit must have a deadbolt lock with a minimum one-inch throw, or another acceptable
security device. Security measures other than the manufacturer’s latch are not required for a door which only allows access to a balcony located at least 3 stories above the ground.
(B) Each sliding, double, french or paired exterior door less than 3 stories above the ground must be installed and maintained to protect the door from sliding or being pried out of its track, or forced open when locked. One door of each sliding door structure must be stationary and secured in place by screws or pins.
(5) Viewers. A viewer must be installed in each entrance or exit door to an individual living unit or rental dwelling unit, but a viewer need not be installed if a window, vision panel, or similar transparent device is located within 2 feet of the door and faces the external area in front of the door.
(6) Windows. Each openable window in an exterior wall of a rental dwelling unit, personal living quarters building, or individual living unit that is located within reach of the ground or any adjacent surface must be constructed and maintained to protect it from being opened from the outside and from being pried out of its frame or track.
(7) Other locks required. The owner of each multiple dwelling with rental dwelling units or personal living quarters building must lock any access panel to a roof, attic, crawl space, storage area, and any other area which is not used daily.
(e) Security in other rental dwelling units. Each owner of any rental dwelling unit must supply, install, and maintain a lock for every door to the outside, and each door must close securely. The owner must supply the tenant with a key which will operate the lock from the outside, and the lock must operate by a thumb turn from the inside. A comparable lock may be substituted on any door with a thin frame.
(f) Address number. Each dwelling must be numbered as required in Section 22-97. Each individual unit in a dwelling must be numbered. (2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-10A, “Security requirements for rental dwelling units and personal living quarters,” which was derived from 1982 L.M.C., ch. 19, § 3; 1998 L.M.C., ch. 23, § 1 and 1997 L.MC., ch. 1; and former § 26-21, “Smoke detectors” which was derived from 1977 L.M.C., ch. 9, § 2; 1978 L.M.C., ch. 40, § 2; 1980 L.M.C., ch. 29, § 1; 1984 L.M.C., ch. 24, § 29; 1988 L.M.C., ch. 23, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2, were repealed, reenacted with amendments, renumbered § 26-8, and retitled pursuant to 2002 L.M.C., ch. 15, § 1. Also, certain portions of Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1, were incorporated into § 26-8 pursuant to 2002 L.M.C., ch.15, § 1.
Editor’s note—Former § 26-8, “General requirements relating to safe and sanitary maintenance,” which was derived from Mont. Co. Code 1965, § 91-7; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, was repealed by 2002 L.M.C., ch. 15, § 1.
(a) Applicability. The provisions of this Section apply to any occupied single-unit, two-unit, and townhouse unit, as defined in Chapter 59, for which a building permit was issued before January 1, 2008.
(b) Required.
(1) The owner of each occupied single-unit, two-unit, and townhouse dwelling unit containing a fuel burning appliance or attached garage must install carbon monoxide detection and warning equipment.
(2) Carbon monoxide alarms or detectors must be installed as follows:
(A) outside of each separate dwelling unit sleeping area and in the immediate vicinity of the bedrooms; and
(B) on every occupiable level of a dwelling unit, including basements, excluding attics and crawl spaces.
(3) A carbon monoxide alarm or detector must:
(A) be located on the wall, ceiling, or other location as specified in the manufacturer’s published instructions that accompany the unit; and
(B) be installed and maintained under NFPA 720.
(c) Equipment.
(1) Single station carbon monoxide alarms.
(A) A single station carbon monoxide alarm must be battery operated or must receive its primary power from the building wiring system.
(B) A plug-in device may satisfy this requirement if it is securely fastened to the structure and installed as directed by the manufacturer’s installation instructions.
(C) A hard wired or plug-in carbon monoxide alarm must be equipped with battery back-up.
(2) Combination smoke detector/carbon monoxide alarms.
(A) A carbon monoxide alarm may be combined with a smoke detector if the device complies with this Section, Section 22-96, and applicable State law.
(B) A combination smoke detector/carbon monoxide alarm must receive its primary power from the building wiring when that wiring is served from a commercial source, and when primary power is interrupted, must receive power from a battery.
(C) A combination smoke detector/carbon monoxide alarm must have permanent wiring. The only disconnecting switch allowed is that which is required for over-current protection. Smoke alarm features of a combination smoke detector/carbon monoxide alarm must be interconnected.
(d) Exceptions. A dwelling unit that does not itself contain a fuel-burning appliance or have an attached garage, but is located in a building with a fuel-burning appliance or an attached garage, does not need to be equipped with a carbon monoxide alarm if:
(1) the sleeping unit or dwelling unit is located more than one story above or below any story which contains a fuel-burning appliance or attached garage;
(2) the sleeping unit or dwelling unit is not connected by ductwork or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage; and
(3) the building is equipped with a common area carbon monoxide alarm system, which includes carbon monoxide detectors and audible notification appliances, installed and maintained in a manner that satisfies this Section and NFPA 720.
(e) Orders to install; penalty.
(1) If an enforcing agency finds that a dwelling unit does not have a carbon monoxide detector as required under this Section, the enforcing agency must order the owner to install a carbon monoxide alarm or detector under Section 26-12.
(2) Notwithstanding Section 26-16, a violation of this Section is a Class C violation.
(2018 L.M.C., ch. 23, § 1.)
Unless otherwise stated, the owner of each dwelling or dwelling unit must assure compliance with the following standards at all times. All installation, repair, and replacement must be performed in a workmanlike manner and with materials having properties and qualities substantially equal to or better than the original materials.
(a) Basic requirements.
(1) Each structure must be maintained in good repair.
(2) Each window, door, and hatchway must be maintained in sound working condition.
(3) In any renovation, addition or new construction of a dwelling or other structure on the premises, the owner must complete each exterior surface, including windows, wall siding, and roof within one year after the building permit was first issued, or within one year after construction started if no building permit was required. This subsection does not apply to any dwelling containing more than 4 dwelling units.
(4) Each supplied facility, piece of equipment, or utility which is required under this Chapter must be constructed or installed so that it will function safely and effectively, and must be maintained in satisfactory working condition.
(5) Each owner of a multiple dwelling or personal living quarters building must maintain:
(A) the shared or common area of the land and buildings in clean and sanitary condition; and
(B) all equipment and facilities in laundry rooms and other shares spaces in clean condition and good working order.
(6) Each occupant of a dwelling, dwelling unit, or individual living unit must maintain in safe and sanitary condition that part of the dwelling, dwelling unit, individual living unit, and premises which the occupant occupies and control.
(7) An owner or occupant must not cause any service, facility, equipment, or utility which is required by this Chapter to be removed or discontinued for any occupied dwelling, except for a temporary interruption that is necessary while repairs or alterations are actually taking place, or during a temporary emergency when discontinuance of service is approved by an enforcing agency. If a rental dwelling unit or individual living unit is not equipped with a separate meter for a utility, the owner must make sufficient utility payments to prevent the utility service from being discontinued.
(8) All rubbish and garbage must be stored and maintained in approved containers as required by Chapter 48. Rubbish and garbage must not remain outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours.
(A) The owner must provide a sufficient number of containers for storage of rubbish and garbage to prevent overflow and must maintain the containers as required by Chapter 48.
(B) Each occupant of a dwelling, dwelling unit, or individual living unit must dispose of all rubbish and garbage in a clean and sanitary manner by placing it in appropriate containers as required by Chapter 48.
(9) Each occupant of a dwelling containing a single dwelling unit must exterminate any insects, rodents, or other vermin in or on the premises. Each occupant of a dwelling unit or individual living unit in a dwelling containing more than one unit must exterminate if that unit is the only infested unit. The owner must exterminate if the infestation:
(A) includes more than one unit or the shared or common areas of a dwelling, or
(B) was caused by the owner’s failure to maintain the dwelling in a rat-proof or reasonably insect-proof condition.
(10) The exterior surfaces of each structure and the interior surfaces of all common areas in each multi-family dwelling must be maintained free of graffiti, as defined in Section 32-12A.
(11) All water must be drained and conveyed from every roof and paved surface so it does not cause dampness in any wall, ceiling or floor.
(12) Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent the nuisance from reoccurring.
(13) A person must not store any unused vehicle on residential property for more than 30 days unless a person living in the household has received an extension under Section 26-17A.
(b) Exterior.
(1) Each foundation, floor, wall, ceiling, and roof must be reasonably weather-tight, water-tight, rodent-proof, free from foreign matter, and capable of affording privacy.
(2) Each window, exterior door, and hatchway must be reasonably weather-tight, water-tight, and rodent-proof. Each occupant must hang all window screens unless the owner has agreed to do so.
(3) All exterior surfaces must be adequately protected from water seepage and against decay. All exterior surfaces must be free of flaking, peeling, or loose paint.
(4) The owner must maintain the paved or gravel surface of each entry apron, driveway, sidewalk and walkway, parking lot, and patio in good, serviceable, and safe condition.
(5) Each lawn and other land not covered by a structure must be reasonably free of erosion or gullying. Any grass or weeds must not be allowed to grow more than 12 inches high where required by Chapter 58. Shrubbery, trees, vines, hedges, and other vegetation, including dead trees and branches, must be maintained so they do not pose a danger to health or safety.
(A) The owner of a multiple dwelling or personal living quarters, the owner of a vacant building, each occupant of a single-family dwelling, and any occupant of a dwelling unit in a multifamily dwelling who controls a lawn or yard area, must keep grass and weeds below any required height limit.
(B) The owner must keep the premises free of erosion or gullying and replace damaged ground cover.
(C) The owner must maintain shrubbery, trees, vines, hedges, and other vegetation.
(6) Each owner must direct any exterior lighting away from the windows of any adjacent dwelling unit or individual living unit.
(c) Interior.
(1) Each plumbing fixture and water and waste pipe must be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. Each occupant of a dwelling unit or individual living unit must maintain all plumbing fixtures in the unit in a clean and sanitary condition and must exercise reasonable care in their use and operation.
(2) Each water closet compartment floor surface and bathroom floor surface must be constructed and maintained reasonably impervious to water and to permit the floor to be easily maintained in a clean and sanitary condition.
(3) All walls, ceilings, floors, interior woodwork, doors and windows must be maintained in sound condition and good repair, and free of flaking, peeling, or loose paint. Only lead-free paint may be used.
(4) The owner of a rental dwelling unit or individual living unit must repaint the painted interior surfaces of the unit:
(A) (i) if after the third year of tenancy, the paint is stained, or is not intact and cleanable; and
(ii) this condition is not due to tenant abuse; and
(B) at least every 5 years.
Any painting required under this subsection may be postponed for 5 years or until a change in occupancy, whichever occurs first, if an occupant certifies that all occupants do not want the unit to be painted at the scheduled time.
(5) All floor coverings must be in good repair and sanitary condition. (2002 L.M.C., ch. 15, § 1; 2009 L.M.C., ch. 25, § 1.)
Editor’s note—Former § 26-9, “Minimum space, use and location requirements,” was repealed, reenacted with amendments, renumbered § 26-5, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
The owner of each nonresidential property, including any property converted from residential use, must comply with the following requirements:
(a) Grounds maintenance. Each lawn or other land not covered by a structure must be properly maintained reasonably free of erosion, gullying, and missing ground cover. All weeds and grass must be cut periodically, and must not grow more than 12 inches high when required by Chapter 58. Lawns, shrubbery, trees, vines, hedges, dead trees or branches, and other vegetation must be maintained so they do not endanger public health or safety.
(b) Structure maintenance. Each structure must be structurally sound and maintained in good repair. Each surface exposed to the elements and susceptible to deterioration must be painted or provided with a suitable, weather-resistant protective coating sufficient to prevent deterioration.
(c) Exterior surfaces. Each exterior surface and appurtenance, such as a wall, window, door, roof, canopy, step, walkway, planter box, or sign, must be maintained in good condition, with materials having properties and qualities substantially equal to the original materials, and substantially free from damage and deterioration. Each exterior surface must be maintained free of flaking, peeling, or loose paint, and graffiti as defined in Section 32-12A.
(d) Rubbish and garbage. All rubbish and garbage must be stored in approved containers as required by Chapter 48. The owner and each tenant of a nonresidential structure are both responsible for providing sufficient rubbish and garbage containers to prevent overflow, and for maintaining the premises as required by Chapter 48. Litter, rubbish, refuse, and garbage must not remain on the property outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours. An owner or tenant of any nonresidential property must not let trash, litter, or rubbish be carried to or deposited on any street, sidewalk or other public or private property.
(e) Paved surfaces. The paved and gravel surfaces of each entry apron, driveway, sidewalk, and parking lot must be maintained in good, serviceable, and safe condition.
(f) Public nuisance. Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent its reoccurrence. (1988 L.M.C., ch. 23, § 2; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-23, “Minimum standards for nonresidential property,” was repealed, reenacted with amendments, renumbered § 26-10, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-10, “Responsibilities of owners and occupants,” derived from Mont. Co. Code 1965, § 91-9; Ord. No. 6-162, § 2; 1982 L.M.C., ch. 19, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1, was repealed by 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-10A, “Security requirements for rental dwelling units and personal living quarters,” which was derived from 1982 L.M.C., ch. 19, § 3; 1998 L.M.C., ch. 23, § 1 and 1997 L.MC., ch. 1; and former § 26-21, “Smoke detectors” which was derived from 1977 L.M.C., ch. 9, § 2; 1978 L.M.C., ch. 40, § 2; 1980 L.M.C., ch. 29, § 1; 1984 L.M.C., ch. 24, § 29; 1988 L.M.C., ch. 23, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2, were repealed, reenacted with amendments, renumbered § 26-8, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
(a) Inspection by agency. An enforcing agency may inspect the condition of any dwelling, nonresidential structure, and other premises to safeguard the health and safety of occupants and the public.
(b) Administrative search warrant. The enforcing agency may apply to a judge of the District Court or Circuit Court for an administrative search warrant to enter any premises regulated under this Chapter to conduct a code enforcement inspection.
(c) Application for warrant. The applicant for the warrant must, in writing and under oath, particularly describe the premises to be searched and the nature, scope, and purpose of the proposed search.
(d) Grounds for issuance. A judge may issue the warrant if the judge finds that:
(1) the applicant is authorized or required by law to make the inspection;
(2) the applicant has demonstrated that the inspection of the premises is sought:
(A) as a result of evidence of an existing violation of this Chapter or other law; or
(B) as a result of a general and neutral administrative plan to conduct fire inspections or a condition of a rental property license which authorizes periodic inspections;
(3) the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort the applicant has been unable to contact any of these individuals for oral communication; and
(4) the inspection is sought for health, safety, and general welfare related purposes.
(e) Described premises. An administrative search warrant issued under this Section must describe the premises to be searched. The inspection must not exceed any limit specified in the warrant.
(f) Time period. An administrative search warrant issued under this Section must be executed and returned to the judge who issued it not later than:
(1) the time specified in the warrant, which must not exceed 30 days; or
(2) if no time period is specified in the warrant, 15 days after it is issued.
(g) Information confidential. Any information obtained under an administrative search warrant is confidential and must not be disclosed, except:
(1) in an administrative or judicial proceeding arising out of a violation relating to the purpose for which the warrant was issued and within the scope of the warrant; or
(2) to an owner or occupant of the premises.
(h) Access. Each occupant of a dwelling or nonresidential structure must give the owner access to the dwelling or nonresidential structure at all reasonable times to make repairs or alterations or take other action necessary to comply with this Chapter or an order issued under this Chapter.
(i) Determination of lead agency. When a violation of this Chapter also falls under the jurisdiction of another County department or office, the Chief Administrative Officer must determine which agency will investigate possible violations and enforce this Chapter. (Mont. Co. Code, 1965, § 91-4; 1972 L.M.C., ch. 16, § 3; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1993 L.M.C., ch. 26, § 1; 1994 L.M.C., ch. 26, § 1; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-4, “Inspections generally; when warrants required; right of entry of inspectors and owners,” was repealed, reenacted with amendments, renumbered § 26-11, and retitled pursuant to 2002 L.M.C., ch.15, § 1.
Editor’s note—Former § 26-11, “Hotels, boardinghouses, rooming houses and tourist homes,” which was derived from Mont. Co. Code 1965, § 91-10; 1972 L.M.C., ch. 12, § 4; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1, was repealed by 2002 L.M.C., ch. 15, § 1.
If an enforcing agency finds a violation of this Chapter, except for occupancy of a condemned dwelling or dwelling unit under Section 26-13(c), the enforcing agency may order action to be taken and, if it so orders, must notify the person responsible. The notice and order must:
(a) be in writing;
(b) describe in general terms a remedial action which, if taken, will achieve compliance with this Chapter;
(c) specify a reasonable time to perform any required action;
(d) be served on the owner or occupant as the order requires. A notice and order is properly served if:
(1) a copy is served personally;
(2) a copy is sent by certified mail to the last known address of the owner or occupant;
(3) a copy is posted in a conspicuous place on or near the dwelling affected by the notice; or
(4) the owner or occupant is served by any other method authorized by state law.
(e) also be sent to the Historic Preservation Commission if any affected building or structure:
(1) has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, or
(2) is listed on the locational atlas and index of historic sites published by the Planning Board. (Mont. Co. Code 1965, § 91-13; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1993 L.M.C., ch. 26, § 3; 1994 L.M.C., ch. 8, § 1; 1996 L.M.C., ch. 13, § 1; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-12, “Designation of unfit dwellings and unsafe nonresidential structures; legal procedure of condemnation,” was repealed, reenacted with amendments, renumbered § 26-13, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-14, “Notice of violation and order to comply with chapter; appeal,” was repealed, reenacted with amendments, renumbered § 26-12, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
(a) Standards for condemnation. The enforcing agency may condemn as unfit for human habitation any individual living unit, dwelling, or dwelling unit or its premises, or as unsafe for human occupancy or use any nonresidential structures or its premises, which:
(1) is entirely or partly so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;
(2) lacks, entirely or party, illumination, ventilation, heating, water supply, or sanitation facilities, as required by this Chapter;
(3) is, because of its general condition, unsanitary or otherwise dangerous to the health or safety of the occupants or the public;
(4) contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container, or other equipment, on the premises or in the structure which is in disrepair or a condition that the Director finds presents a hazard to the life, health, property, or safety of the occupants or the public;
(5) (A) is vacant and unoccupied for the purpose for which it was built;
(B) has remained substantially in that condition for at least one year; and
(C) has been cited for 5 or more violations of this Chapter, none of which has resulted in a ‘not guilty’ finding by a court; or
(6) is a public nuisance.
(b) Notice required. The enforcing agency must attempt to notify the owner of each individual living unit, dwelling or dwelling unit, and nonresidential structure condemned for human habitation, occupancy, or use. The enforcing agency also must post a warning placard on the property.
(c) Vacating condemned property.
(1) Any person occupying an individual living unit, dwelling, or dwelling unit when it is condemned as unfit for human habitation must vacate the condemned premises within a reasonable time ordered by the enforcing agency.
(2) Any person occupying or using a nonresidential structure when it is condemned as unsafe for human use or occupancy must vacate the building or structure immediately after a warning placard is posted.
(3) A person must not occupy or use, and an owner must not allow a person to occupy or use, an individual living unit, dwelling, dwelling unit, or nonresidential structure which has been condemned as unfit for human habitation or unsafe for human occupancy or use until the enforcing agency approves the occupancy or use and removes the placard. The enforcing agency may remove the placard if all defects on which the condemnation was based have been eliminated.
(d) Removal of placard. A person must not deface or remove a placard from any individual living unit, dwelling, dwelling unit, or nonresidential structure, except as authorized by the enforcing agency.
(e) Secure from entry. Each owner of a condemned or abandoned structure must:
(1) secure all windows and doors which are accessible from the ground, from an adjacent structure, or by the reasonably foreseeable use of a ladder, table, or other device, and
(2) keep them secured against unauthorized entry. (Mont. Co. Code 1965, § 91-11; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1993 L.M.C., ch. 26, § 2; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-12, “Designation of unfit dwellings and unsafe nonresidential structures; legal procedure of condemnation,” was repealed, reenacted with amendments, renumbered § 26-13, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
Editor's note—Former § 26-13, relating to housing board of review, derived from Mont. Co. Code 1965, § 91-12; 1972 L.M.C., ch. 16, § 13, and 1980 L.M.C., ch. 29, § 1, was repealed by § 1 of 1994 L.M.C., ch. 8.
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