AS AMENDED FOR SECOND READING ON MARCH 8, 2004
ORDINANCE NO. 1900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALISBURY TO PROVIDE A PROCEDURE FOR ESTABLISHMENT OF FINES AND COLLECTION OF FINES FROM THE OWNERS OF RESIDENTIAL DWELLING UNITS WHO ARE REPEAT OFFENDERS UNDER THE HOUSING CODE; AND SPECIFICALLY PROVIDING FOR LICENSING OF SUBJECT RENTAL DWELLING UNITS.
WHEREAS, the City Council of the City of Salisbury finds that owners of dwelling units who violate, on separate occasions, Housing Code provisions affect the quality of life in residential neighborhoods and the value of property generally; and
WHEREAS, most chronic problem dwelling units have the following characteristics in common: lack of responsibility by landlords, owner occupants and tenants; and deteriorating housing repair conditions resulting from lack of maintenance; and
WHEREAS, the City desires to preserve, protect and improve property maintenance standards and to prevent and prohibit conditions existing, which shall be detrimental to the health, safety, and welfare of others and cause substantial diminution in the value of dwelling units in the City.
NOW, THEREFORE, IT IS ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, that the Salisbury City Code be amended by adding Chapter 15.27, in regular session, as follows:
CHAPTER 15.27
PROPERTY MAINTENANCE HABITUAL OFFENDER
15.27.010 Scope.
The provisions of this Chapter govern procedures for owners of dwelling units in the City who violate provisions of the Housing Code repetitively in a twenty-four (24) month period.
15.27.020. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
“Dwelling Unit” means a single unit providing complete independent living
facilities for one or more persons, including permanent provision for living, sleeping, eating,
cooking and sanitation.
“Habitual Offender” means any person owning one (1) dwelling unit, who shall be
fined pay a fine assessed by the Department of Building, Housing & Zoning or be found guilty of violating Chapter
15.24 or Title 17 on three (3) separate occasions within a twenty-four (24) month period.
“Person” means any individual, partnership, firm, corporation, association or other legal entity of whatsoever kind and nature.
“Rental” means leasing or allowing occupancy or usage of a dwelling unit, either directly or by an agent, in consideration of value, including personal services, paid or tendered to or for the use or benefit of the lessor.
15.27.030. Non-Rental Dwelling Units.
A. The owner of a non-rental dwelling unit who becomes an habitual offender shall be subject to inside and outside inspection of the dwelling unit by the Department Building, Housing & Zoning. The dwelling unit shall receive an annual inspection, at a minimum, during each of the next five (5) years for a fee to be determined by resolution of the Council from time-to-time.
B. After an owner of a non-rental dwelling unit becomes an habitual offender, all fines levied under Chapter 15.24 or Title 17 for the dwelling unit shall be tripled until the habitual offender designation is removed.
C. After completion of five consecutive (5) annual inspections with no violations under Chapter 15.24 or Title 17, then the habitual offender designation shall terminate for that owner of a non-rental dwelling unit. If violations under Chapter 15.24 or Title 17 continue, then the habitual offender designation shall continue for that owner of the non-rental dwelling unit.
D. If the full amount of the inspection fees due the City are not paid by the owner within thirty (30) days after billing, then the Director of the Department of Building, Housing & Zoning shall cause to be recorded in the Finance Office for the City a sworn statement showing the amount of fees due and the fees shall be collectible in the same manner as real estate taxes are collected.
15.27.040. Rental Dwelling Units.
A. After an owner of a rental dwelling unit becomes an habitual offender, all fines levied under Chapter 15.24 or Title 17 for that dwelling unit shall be tripled until the habitual offender designation is removed.
B. (1) A License shall be required for a rental dwelling unit which is the subject of the habitual offender designation for a fee of $500.00. The license and license fee shall be required for five (5) consecutive years, unless the rental dwelling unit changes ownership to a legal entity which is not owned or controlled by the habitual offender and the new owner corrects all violations of Chapter 15.24 or Title 17, or the dwelling unit receives five (5) annual inspections with no violations of Chapter 15.24 or Title 17. The habitual offender designation then terminates for that owner of the rental dwelling unit. If violations under Chapter 15.24 or Title 17 continue, then the habitual offender designation shall continue for that owner of the rental dwelling unit. If violations under Chapter 15.24 continue for five (5) consecutive years, then the owner’s license shall be revoked for the subject rental dwelling unit, and the owner shall give sixty (60) days notice to vacate to the tenants of that rental dwelling unit.
(2) If violations under Chapter 15.24 or Title 17 continue for five (5) consecutive years one year after the habitual offender designation, then the owner's license under Section 15.26.040 shall be revoked for the subject rental dwelling unit, and the owner shall give sixty (60) days notice to vacate to the tenants of that rental dwelling unit. Any security deposit shall be returned pursuant to the provisions of Real Property Article, Title 8, Annotated Code of Maryland. The owner of the rental dwelling unit may correct all violations of Chapter 15.24 or Title 17 and after inspection and payment of a $1,000.00 fee to the City, the owner's license for that rental dwelling unit shall be reinstated.
C. The owner of a rental dwelling unit who becomes an habitual offender shall be subject to inside and outside inspection of the dwelling unit by the Department Building, Housing & Zoning. The dwelling unit shall receive an annual inspection during each of the next five (5) years for a fee to be determined by resolution of the Council from time-to-time.
D. If the full amount of the inspection and license fees due the City are not paid by the owner within thirty (30) days after billing, then the Director of the Department of Building, Housing & Zoning shall cause to be recorded in the Finance Office for the City a sworn statement showing the amount of fees due and the fees shall be collectible in the same manner as real estate taxes are collected.
15.27.050. Civil Offense.
Designation as an habitual offender shall be a civil offense and not a criminal offense.
AND BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SALISBURY, that the amendments set forth in this Ordinance shall take effect
from and after the date of its final passage.
THIS ORDINANCE was introduced and read at a meeting of the City Council
of the City of Salisbury held on the 23rd day of February, 2004, and thereafter, a statement of the substance of the Ordinance having been published as required by law, was finally passed by the City Council of the City of Salisbury on the __________ day of March, 2004.
ATTEST:
_________________________ ______________________________
Brenda J. Colegrove Michael P. Dunn,
CITY CLERK PRESIDENT of the Council of the
City of Salisbury
Approved by me this _________
day of ________________, 2004.
____________________________
Barrie P. Tilghman
MAYOR of the City of Salisbury