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The mobile home park must comply with the applicable sections of the Montgomery County Fire Safety Code, including the Standard for Fire Safety Criteria for Mobile Home Installations, Sites and Communities (National Fire Protection Association (NFPA)501A). The owner may appeal any notice and order process requiring correction of violations of the Fire Safety Codes from the department of fire and rescue services as provided in chapter 22 of this Code. (1987 L.M.C., ch. 23, § 3.)
Editor’s note-The above section is quoted in Hardy v. Housing Management Company, 293 Md. 394, 444 A.2d 457 (1982).
The licensee, owner, or an authorized attendant or agent must be accessible at all times to keep the park, and the facilities and equipment of the park, in a clean, orderly, and sanitary condition. A licensee, owner, authorized attendant, or agent is responsible for complying with the provisions of this article. The director may serve a licensee, owner, authorized attendant, or agent with a notice and order to correct, a citation, or an injunction. (1987 L.M.C., ch. 23, § 3.)
(a) A person served with a notice and order to correct may file a written appeal with the director. The person served with a notice and order to correct has ten (10) calendar days from the date of receipt of the notice and order to file the appeal. The appeal must include a brief statement specifying the grounds for appeal. The filing of an appeal does not stay an order.
(b) Upon timely receipt of an appeal in which the petitioner requests a meeting, the director must conduct a conference within five (5) work days. Any representative that the petitioner selects may accompany the petitioner. The director must give the petitioner an opportunity to show cause why the director should withdraw or modify the notice and order. The director may postpone an appeal conference up to ten (10) work days.
(c) Within seven (7) calendar days following a meeting to consider an appeal, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.
(d) In cases where the petitioner files a timely appeal but does not request a meeting with the director, the director must evaluate all available data, including the initial notice and order, reports of subsequent inspections, and any written submissions offered by the petitioner. Within fifteen (15) calendar days after an appeal is filed, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.
(e) A petitioner may appeal a decision of the director to the board of appeals within thirty (30) days after the director issues the decision. However, if the director's decision concerns a fire or health violation, the petitioner may appeal within ten (10) days after the director issues the decision.
(f) This section does not foreclose the right of the owner, agent, operator, and the chief administrative officer to conciliate grievances that arise from notices of violations and orders to correct.
(g) This section does not prevent any person from exercising any right or seeking any remedy the person might otherwise be entitled to or from filing any compliant with a court. (1987 L.M.C., ch. 23, § 3.)
(a) The director may waive or vary the requirements of this article for up to six (6) months after making an investigation. Any extension or renewal of a waiver or variance requires the approval of the board of appeals.
(b) The director must issue the waiver or variance in writing, and must keep a copy available for public inspection during regular business hours. (1987 L.M.C., ch. 23, § 3.)