THE CITY OF FREDERICK

MAYOR AND BOARD OF ALDERMEN

 

RESOLUTION NO:  07-35

 

A RESOLUTION concerning

 

Amendments to the 2006 International Property Maintenance Code

 

 

 


            BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK, MARYLAND, that the International Property Maintenance Code, 2006, as adopted in Section 5-10.1 of the Frederick City Code (1966, as amended), is hereby amended as follows:

 

1.  SECTION 101.1 Title.  Delete this subsection and substitute: 

 

101.1 Title. The regulations set forth in this Sec. 5-10.1 shall be known as the Property Maintenance Code of The City of Frederick, hereinafter referred to as "the Property Maintenance Code" or "this code."

 

2.  SECTION 102.3 Application of other codes.  Delete "ICC Electrical Code" and substitute:  National Electrical Code.  Delete "International Fuel Gas Code" and substitute:  National Fuel Gas Code.  In the last sentence, delete "International Zoning Code" and substitute: Land Management Code (Appendix A of the Frederick City Code).

 

3.  SECTION 102.6 Historic Buildings.  Delete this subsection in its entirety.

 

4.  SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION.  Delete the name of this section and substitute: DEPARTMENT OF PUBLIC WORKS.

 

5.  SECTION 103.1 Delete this subsection and substitute the following:

 

103.1 General.  The Department of Public Works is hereby charged with the administration and enforcement of the Property Maintenance Code.  The "Code Official," as that term is used in this code, is the Director of Public Works or the Director's authorized designee.

 

6.  SECTION 103.2 Appointment.  Delete this subsection in its entirety.

 

7.  SECTION 103.3 Deputies.  Delete this subsection in its entirety.

 

8.  SECTION 103.5 Fees.  Delete this subsection in its entirety.

 

9.  SECTION 104.4 Right of entry.  Delete this subsection and substitute the following:

 

104.4 Right of entry.  The Code Official may enter a structure or premises in accordance with section 2-27.5(c) of the Frederick City Code.

 

10.  SECTION 104.5 Identification. Insert after "code official": and employees of the Department of Public Works.

 

11.  SECTION 106.1 Unlawful acts. Delete this subsection and substitute the following:

 

106.1 Unlawful acts.  An owner, occupant or tenant may not erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, permit another person to occupy any dwelling unit or structure regulated by this code, or cause the same to be done in violation of any provision of this Code; or fail to obey a lawful order of the Code Official or a code inspector.

 

12.  SECTION 106.3 Prosecution of violation. Delete this subsection, rename, and substitute the following:

 

106.3 Enforcement and penalties.  Violation of any provision of this Code is hereby deemed a municipal infraction punishable by a fine not to exceed $1,000.  Each day a violation continues is a separate offense.  In addition to the foregoing, the City may seek any other remedy available to it at law or in equity to abate, restrain or correct the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or the order or direction made pursuant thereto.  Any costs incurred in connection with any action taken by the City to abate, restrain or correct the violation on the premises in violation of this code shall be charged to the owner of the property. Until the expenses are paid by the owner, they will constitute a lien upon the property to be collected in the same manner as other City taxes.

 

13.  SECTION 106.4 Violation penalties. Delete this subsection in its entirety.

 

14.  SECTION 106.5 Abatement of violation. Delete this subsection in its entirety.

 

15.   SECTION 107.1 Notice to person responsible.  Delete this subsection, rename, and substitute the following:

 

107.1 Notice of violation.  Whenever the Code Official or any inspector of the Department of Public Works has grounds to believe that this Code has been violated, the Code Official or inspector shall serve upon the person responsible a written notice of violation, in accordance with section 2-27.5 of the Frederick City Code.

 

16.  SECTION 107.2 Form.  Delete this subsection in its entirety.

 

17.  SECTION 107.3 Method of service. Delete this subsection in its entirety.

 

18.  SECTION 107.4 Penalties.  Delete this subsection in its entirety.

 

19.   SECTION 109.5 Costs of emergency repairs.  Delete this subsection and replace with the following:

 

109.5 Costs of emergency repairs.  Any costs incurred by the City in connection with the emergency repairs performed pursuant to this section shall be charged to the owner of the property where the unsafe structure is located.  Until the expenses are paid by the owner, they will constitute a lien upon the property to be collected in the same manner as other city taxes.

 

20.  SECTION 111 MEANS OF APPEAL. Delete this section in its entirety and substitute: 

 

SECTION 111 APPEALS

 

 A person directly aggrieved by a notice of violation issued under this Code may appeal in accordance with section 2-27.5(d) of the Frederick City Code. 

 

21.  SECTION 302.2 Grading and drainage.  To the end of the first sentence, add: or on adjacent properties.

 

22. SECTION 302.4 Weeds.  In the first sentence, delete "(jurisdiction to insert height in inches)" and substitute: 10 inches.

 

23.   SECTION 304.7 Roofs and drainage.  Delete last sentence and substitute: Roof water shall not be discharged so as to create either a public nuisance or a nuisance to owners or occupants of adjacent or nearby properties.

 

24. SECTION 304.14 Insect screens.  In the first sentence, delete "[DATE] to [DATE]" and substitute: April 1 to December 1.

 

25.  SECTION 404.4.1 Room area.  Delete this subsection, rename and substitute the following:

 

404.4.1 Area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.5 m2) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof.

 

26.  SECTION 404.5 Overcrowding. Delete this subsection and substitute the following:

 

404.5 Overcrowding.  Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5

 

 

 

 

TABLE 404.5

MINIMUM AREA REQUIREMENTS

 

Minimum Area in Square Feet

                                    1-2 Occupants           3-5 Occupants               6 or More Occupants

living room

120

120

150

dining room

------

80

100

kitchen

50

50

60

bedrooms

Shall comply with Section 404.4.1

 

27. SECTION 602.1 Facilities required. Delete this subsection and substitute:

 

602.1 Facilities required.  Permanent and fixed heating facilities shall be provided in structures as required by this section.  Portable heating fixtures are not considered permanent and fixed.

 

28. SECTION 602.3 Heat supply.  In the first sentence, delete "[DATE] to [DATE]" and substitute: October 1 to May 1.

 

29.   SECTION 602.4 Occupiable work spaces.  In the first sentence, delete "[DATE] to [DATE]" and substitute: October 1 to May 1.

 

30.  SECTION 605.2 Receptacles.  In the last sentence, delete the word "new."

 

31.  Chapter 8 REFERENCED STANDARDS. Add: The Code of the City of Frederick (1966, as amended).

 

NOW THEREFORE, BE IT FURTHER RESOLVED that Resolution No. 07-4 is hereby rescinded, and that the local amendments to the IPMC adopted thereby are of no further effect except as otherwise provided herein.

           

ADOPTED AND APPROVED THIS 20th DAY OF DECEMBER 2007.

 

WITNESS                                                                              

 

 

 

___________________________                                          ___________________________

                                                                                                  William J. Holtzinger, Mayor

 

Approved for legal sufficiency:

 

 

 

___________________________

Legal Department