Subtitle 13. Housing and Property Standards

The International Property Maintenance Code, 2018 Edition, as published by the International Code Council, Inc. (hereinafter "the Housing Code"), is adopted by this reference and made a part of this Subtitle as though set out in full herein with the additions, exceptions, and modifications set forth in Subdivision 2 of this Division.

At least three (3) copies of the International Property Maintenance Code, 2018 Edition, shall be on file in the office of the Clerk of the Council for public inspection and use.

Where a conflict arises, the provisions of this Sub-title as amended by the County shall control.

The Director of the Department of Permitting, Inspections, and Enforcement is designated the County official responsible for the enforcement and administration of the Housing Code adopted by this Division.

The Director of the Department of Permitting, Inspections, and Enforcement with the approval of the County Executive, shall appoint such number of officers, technical assistants, inspectors and other employees as are necessary for the administration and enforcement of this Subtitle. He may delegate to the head of the Housing Division of the Department the powers and responsibilities assigned in this Subtitle.

Administration and enforcement of the Housing Code will be coordinated to the maximum extent feasible with other County departments, boards, commissions, agencies and the governing bodies of incorporated cities and towns in order that corrective actions and resources may be efficiently and effectively applied to the common goal of attainment of improved housing conditions.

In the administration and enforcement of Subtitles 4, 5, and 13, the Prince George's County Department of Permitting, Inspection and Enforcement, has the power to issue subpoenas necessary to effectuate the duties and responsibilities of permit issuance, inspections and enforcement.

Service of subpoena. Any such subpoena shall be served by:

Enforcement of Subpoena.

As used in this Division and the Housing Code:

Section 101.1, entitled "Title," is deleted in its entirety.

Section 101.2 is amended to read as follows: "101.2 Scope. The provisions of this Code shall apply to all existing residential structures and premises and constitute the minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structure and premises, and for administration, enforcement, and penalties. This Code shall not apply to hotels and motels serving transient guests only, rest homes, convalescent homes, nursing homes, and such structures which have been converted to an approved nonresidential use."

Section 102.1 is amended to read as follows: "102.1 General. The provisions of this Code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. When any provision of this Code governing residential uses differs from any other provision of this Code or any other Section of the County Code, the more restrictive provision shall apply."

Section 102.3 is amended to read as follows: "102.3 Application of other codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the County Code."

Section 102.4 is amended to read as follows: "102.4 Existing remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe, and unsanitary."

Section 102.7, entitled "Referenced codes and standards," deleted in its entirety.

The title of Section 103 is amended to read as follows: "County Inspections."

Section 103.1 is amended to read as follows: "103.1 General. The Director of Permitting, Inspections, and Enforcement or the Director's designee shall be known as the Code Official."

Section 103.2, entitled "Appointment," is deleted in its entirety.

Section 103.3, entitled "Deputies," is deleted in its entirety.

Section 103.4 is amended to read as follows: "103.4 Restriction of employees. An official or employee connected with the enforcement of this Code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Prince George's County Department of Permitting, Inspections, and Enforcement."

Section 103.5 is amended to read as follows: "103.5 Liability. The Code Official, officer, or employee charged with the enforcement of this Code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

Section 103.6, entitled "Fees," is deleted in its entirety.

Section 104.3 is amended to read as follows: "104.3 Inspections. Subject to the limitations and conditions as hereinafter stated in this Section, it shall be the duty of the Code Official to make, or cause to be made, inspections as often as necessary to determine the conditions of dwellings, multifamily dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the safety and welfare of the public under the provisions of this Code. Such inspections shall be made in response to citizen or official complaints or other reliable information or allegations of existing violations of the Code. Further, inspections of dwellings, dwelling units, rooming houses, rooming units, and premises shall be made on a systematic basis (e.g., house by house, block by block) in areas, communities, or neighborhoods when it is determined by the Code Official that such action is necessary to properly apply and enforce the provisions of this Code. All reports of such inspections shall be in writing and shall be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority."

Section 104.3.1 is added to read as follows: "104.3.1 Inspections - Rental Housing - Ten or More Units.

Section 104.4 is amended to read as follows: "104.4 Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law. Permission need not be obtained for entry to spaces and areas to which the public is ordinarily invited.

Section 104.7 is amended to read as follows: "104.7 Department records. The Code Official shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be retained in accordance with the County's approved records retention schedule."

Section 104.8 is amended to read as follows: "104.8 Coordination of inspections. Whenever in the enforcement of this Code or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders."

A new Section 104.9 is added to read as follows: "104.9 Municipal enforcement. Any incorporated city or town, which by law has authority to enact regulations governing the enforcement of this Code, may elect to conduct its own housing code enforcement program, provided that any such incorporated city or town shall adopt the County's Housing Code or a housing code not less stringent in minimum requirements."

Section 107.3 is amended to read as follows: "107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is delivered personally or sent by certified or first-class mail addressed to the last known address, and by written consent of the rental license applicant or rental renewal license applicant, sent by email. Except for email, if the notice is returned showing that the letter was not delivered, indicating notice of returned service, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. The Department shall provide guidelines for implementation of email methods of service. It is the responsibility of those who consent in writing to be served a notice of violation, civil citation, and administrative citation of the Housing Code by email to maintain a current email address with the Department. If email consent is provided then, service by certified mail or first-class mail is not required. Failure to update the Department with a new email is not a basis to challenge service. Failure to update an email address shall preclude the applicant from any notice- related defenses."

Section 107.5 is amended to read as follows: "107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the Code Official."

A new Section 107.6 is added to read as follows: "107.6 Transfer of responsibility. A contract, lease, or other agreement, effective as between the owner and operator, operator and occupant, or owner and occupant, with regard to matters covered hereunder, shall not relieve any party of the direct responsibility under the provisions of this Code."

The title of Section 108 is amended to read as follows: "Open Unfit, Unsafe, Unlawful, or Abandoned Structures."

Section 108.1 is amended to read as follows: "108.1 General definitions. For the purposes of Sections 108, 109, and 110 of this Code, the following terms shall apply."

Section 108.1.3 is amended to read as follows: "108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful, or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, utilities, or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. This term shall also include the phrase unfit for human habitation."

A new Section 108.1.3.1 is added to read as follows: "108.1.3.1 Abandoned for residential use. A dwelling or dwelling unit is considered abandoned for residential use when it has been declared unfit for human habitation for a period in excess of six (6) months and has not been brought up to the Code standards required for occupancy."

Section 108.2 is amended to read as follows: "108.2 Procedures for closing open structures. If the structure is open and unfit for human habitation and occupancy and is not in danger of structural collapse, the Code Official is authorized to post a placard declaring the structure unfit and order the structure closed up so as not to be an attractive nuisance."

Section 108.3 is amended to read as follows: "108.3 Procedures for structures unfit for human occupancy. Whenever the Code Official finds that any dwelling or dwelling unit has become unfit for human occupancy, as defined by this Code, the Code Official shall declare it unfit and order it to be vacated. Once vacant, the exterior structure and premises must be maintained to the minimum standards of this Code and the County Code. Any boarding of windows and doors to secure the structure shall be done in a workmanlike manner, and the materials used shall conform to the overall exterior appearance of the structure and in conformance with the requirements of Section 109.2. Any dwelling declared unfit for human habitation shall be posted with a placard that shall include:

Be in writing;

Include a description of the real estate sufficient for identification;

Include a justification statement for the determination;

State the time period for correction of the cited conditions; and

State the time by which the occupants must vacate the premises.

By delivery to the owner personally;

By leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or

By depositing the notice in the United States Post Office addressed to the owner at the owner's last known address with postage prepaid thereof.

Section 108.4 is amended to read as follows: "108.4 Procedures for dwelling units declared abandoned for residential use. Any dwelling unit which has been declared unfit for human habitation for a period in excess of six (6) months and has not been brought up to Code standards required for occupancy may be declared abandoned for residential use and may be razed in accordance with the procedures in Section 110.3.

Section 108.5 is amended to read as follows: "108.5 Unlawful structure. No dwelling or any part thereof declared unlawful in accordance with Section 108.1.4 may be occupied until such dwelling or dwelling unit conforms with the provisions of this Code."

Section 108.6, entitled "Removal of placard," is deleted in its entirety.

The title of Section 109 is amended to read as follows: "Unsafe Conditions - Emergency Measures."

Section 109.1 is amended to read as follows: "109.1 Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes, or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice advising that the structure is unsafe and its occupancy has been prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same."

Section 109.2 is amended to read as follows: "109.2 Temporary safeguards. When, in the opinion of the Code Official, there is an imminent danger due to an unsafe condition, the Code Official shall cause the necessary work to be completed in the following manner:

Section 109.5 is amended to read as follows: "109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the Office of Finance on certificate of the Code Official. The County Attorney shall institute appropriate action against the owner of the premises harboring the unsafe condition. Recovery of costs shall include, but not be limited to, certification for a tax lien, as provided by Section 109.7 of this Code."

Section 109.6, entitled "Hearing," is deleted in its entirety.

A new Section 109.7 is added to read as follows: "109.7 Creation of a tax lien. There is created a tax lien on real property for monies expended by the County for the razing, demolition, removal, or making safe buildings and/or abatement of other unsafe nuisances or conditions constituting a danger to the public health and safety where the responsible party refuses or fails to comply with a lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 119 and 120 of the Building Code.

The title of Section 110 is amended to read as follows: "Condemnation and Demolition."

Section 110.1 is amended to read as follows: "110.1 Dangerous structures. If all or part of any building or structure (including fences, billboards, and signs) or the equipment for the operation of said building or structure (including, but not limited to, the heating plant, plumbing, electric wiring, moving stairways, elevators, and fire extinguishing apparatus) is determined by the Code Official to be in an unsafe condition or otherwise poses a danger to life, limb, or property, the Code Official shall institute condemnation proceedings pursuant to the applicable provision of the Building Code or this Code pertaining to unsafe structures."

Section 110.2 is amended to read as follows: "110.2 Abatement of unsafe conditions, infestation of rodents, or demolition of dangerous structures. In the event that the responsible party fails to comply with the lawful order of the Code Official to make safe or demolish an unsafe structure, correct a dangerous condition, or eliminate an infestation of rodents, the Code Official shall proceed when, in the Code Official's opinion, emergency action is required to abate the unsafe condition or infestation by appropriate means, including demolition and removal of dangerous structures, utilizing such public or private resources required and available. All costs incurred for such emergency action shall be paid from the Office of Finance on certificate of the Code Official, and the legal officer of the County shall institute appropriate action against the owner of the premises where the unsafe structure, infestation, or condition was located for recovery of such costs, including, but not limited to, certification of a tax lien."

Section 110.3 is amended to read as follows: "110.3 Razing structures declared abandoned for residential use. Any dwelling unit declared abandoned for residential use, except for historic sites, must either be made habitable or utilizable within three (3) months of notice of violation, a copy of which shall be transmitted to the Historic Preservation Commission, or the structure will be razed as a dangerous structure. The Board of Appeals shall not have jurisdiction to grant a variance or waive this Section except upon a finding that litigation is pending in the courts and is actively being pursued, which litigation should finally determine legal ownership of the subject property, or upon a finding that litigation is pending regarding disposition of an insurance claim arising from the subject property."

Section 110.4 is amended to read as follows: "110.4 Condemnation of open, hazardous residential buildings. If the Code Official determines that a residential building three (3) stories or less in height is open and vacant and is an immediate and continuing hazard to the community in which the building is located, then the Code Official shall be authorized to post a notice of not less than two (2) feet by two (2) feet in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired, or enclosed, and unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the building may be demolished, repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials may be removed by the County.

Cause to be sent, by certified mail, a notice to all owners of record of the property stating the intent of the County to demolish, repair, or enclose the building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if action is not taken by the owner;

Cause to be published, for three (3) consecutive days, in a newspaper of record, notice setting forth the address of the building; a description of the real estate sufficient for its identification; a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community; and a statement that the County intends to demolish, repair, or enclose the building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner fails to do so; and

If a building is an identified historic resource on the Adopted and Approved Historic Sites and District Plan of Prince George's County, Maryland, cause a copy of the notice to be sent to the Historic Preservation Commission and demolition shall not be authorized without the approval of the Historic Preservation Commission.

Section 111.1 is amended to read as follows: "111.1 Appeals by owner or occupant. Whenever it is claimed that the true intent and meaning of this Code has been misconstrued or wrongly interpreted, the owner or occupant or duly authorized agent may appeal the decision of the Code Official to the Administrative Hearing Unit as established in Division 15 of this Subtitle. Notice of such appeal shall be in writing and filed within ten (10) calendar days after the decision is rendered by the Code Official. In the case of a structure or dwelling unit which, in the opinion of the Code Official, is unsafe or dangerous, the Code Official may, by order and proper notice, shorten the time for the filing of an appeal. Appeals arising under this Section shall be made using forms provided by the Administrative Hearing Unit and shall be filed with the Administrative Hearing Unit, which will then notify the appellant in writing of the time and place of the hearing."

Section 111.2 is amended to read as follows: "111.2 Decisions of the Administrative Hearing Unit. The Administrative Hearing Unit shall hold a hearing upon the appeal. The proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The County shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant owner or occupant shall have the burden to establish by a preponderance of the evidence that the County or its agencies have misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Code Official to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Code Official. However, the Administrative Hearing Unit may grant variances of the application of any provision of this Code when the substantial credible evidence clearly establishes that the enforcement thereof would do manifest injustice or would be contrary to the spirit and purpose of the Code. A decision of the Administrative Hearing Unit to vary the application of any provision of this Code or to modify an order of the Code Official shall specify in what manner such variation or modification is made, shall state the conditions upon which it is made, shall make findings of fact in support of the variance, and shall state the supporting reasons for the variance. Every decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. A copy of each such decision shall be promptly filed with the Code Official, and the issuing agency shall maintain a file of such decisions which shall be open to the public for inspection during regular business hours. A copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An owner or occupant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court."

Sections 111.2.1, 111.2.2, 111.2.3, 111.2.4, 111.2.5, 111.3, 111.4, 111.4.1, 111.5, 111.6, 111.6.1, 111.6.2, 111.7, and 111.8 are deleted in their entirety.

The following definitions in Section 202 of this Code are hereby amended or added to read as follows:

Boarding House, Lodging House. A residence building in which, as a home occupation and for compensation, lodging and meals are furnished to four (4) or more, but not exceeding nine (9), guests and containing not more than five (5) guest rooms.

Dormitory. A building arranged or used for lodging six (6) or more, but not exceeding twenty (20), individuals and having common toilet and bathroom facilities.

Hotel. A building arranged or used for sheltering, sleeping, or feeding, for compensation, more than twenty (20) individuals.

Multifamily Apartment House. A building containing three (3) or more dwelling units.

One-Family Dwelling. A building containing one (1) dwelling unit with not more than three (3) lodgers or boarders.

Tourist Home or Tourist House. A residential building containing not more than nine (9) guest rooms, where (for compensation) lodging or meals, or both, are provided or offered for transient guests.

Two-Family Dwelling. A building containing two (2) dwelling units with not more than three (3) lodgers or boarders per family but not more than twenty (20) individuals."

Section 302.1 is amended to read as follows: "302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property which such occupancy occupies or controls in a clean and sanitary condition. Except as otherwise specifically authorized by law, the open storage on residential property of any household appliance, motor vehicle parts, building materials, furniture, weeds, dead trees, garbage, rubbish, or similar items or materials, or residue therefrom, is prohibited, regardless of age or condition."

Section 302.3 is amended to read as follows: "302.3 Sidewalks, parking areas, and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be maintained free of unsafe obstructions or hazardous conditions."

A new Section 302.3.1 is added to read as follows: "302.3.1 Lighting and parking lots and exterior passageways. All exterior walkways between buildings, between parking lots, and between buildings and parking lots shall be illuminated with no less than one and one-fourth (1 1/4) lumens per square foot."

Section 302.4 is amended to read as follows: "302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. No plant growth shall be allowed to impede or obstruct walkways, sidewalks, streets, or adjoining driveways, or the required letters and/or numbers which identify the address of the property."

Section 302.7 is amended to read as follows: "302.7 Accessory structures. All accessory structures on dwelling premises (including, but not limited to, detached garages, storage sheds or buildings, steps, fences, and other constructed appurtenances and facilities) shall be maintained structurally safe and sound and in good repair. Exterior steps shall be maintained free of unsafe obstructions or hazardous conditions."

Section 302.8 is amended to read as follows: "302.8 Motor vehicles. It shall be unlawful for the owner or occupant of a structure used for human habitation to utilize, or allow to be utilized, the premises for the storage of any motor vehicle which is wrecked, dismantled, inoperable, or not currently licensed. This Section shall not apply to any one (1) vehicle which is wrecked, dismantled, inoperable, or not currently licensed, that is kept in a wholly enclosed garage. To be considered operable, it must be demonstrated that the vehicle is capable of being driven under its own power for a minimum distance of one hundred (100) feet."

A new Section 302.10 is added to read as follows: "302.10 Firewood. All firewood or other wood material intended for use in a stove or fireplace shall be cut to lengths for final use and neatly stacked at least eighteen (18) inches above the ground in open racks so that these materials will not afford a shelter or harborage for rodents, or not less than six (6) inches from a weed-free surface on property improved by a single-family dwelling."

Section 303.3 is amended to read as follows: "303.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. All structures that contain more than one address shall have numbers at least eight (8) inches in height placed in accordance with Section 11-274 of the County Code. Address numbers for all other residential structures shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of 0.5 inches."

Section 303.14 is amended to read as follows: "303.14 Insect screens. During the period from June 1 to October 15, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch, and every swinging door shall have a self-closing device in good working condition.

Section 303.15.1 is added to read as follows: "303.15.1 Locking devices. Any swinging entrance door to an individual apartment or multifamily dwelling unit shall be provided with a deadbolt locking device having a minimum throw of not less than five-eighths (5/8) of one inch and with the deadbolt capable of being activated by key from the outside and by turn-knob from the inside, so as to provide reasonable security against unauthorized entry. Door locks and the matter of installation shall be subject to the specific approval of the Building Official. The exterior door, door hinge, door lock, and door latch for each unit shall be maintained in functional condition."

Section 303.15.2 is added to read as follows: "303.15.2 Visual detection device. Unless a visual detection device (magnifying peephole) is currently provided, all swinging entrance doors to any individual apartment or multifamily dwelling unit shall be equipped with a visual detection device (magnifying peephole) which will provide a 180 degree viewing angle so as to allow the occupant of a dwelling unit to inspect the entrance area outside the door while the door is closed."

Section 303.15.3 is added to read as follows: "303.15.3 Sliding doors and windows. All patio and balcony sliding entrance doors, and all windows capable of being opened and accessible from a balcony or two (2) stories or less above grade, shall be equipped with a device that locks and secures the door or window within its frame so as to provide reasonable security against unauthorized entry by opening or removal of the door or windows from its frame. Such acceptable devices include, but are not limited to, security bars and jimmy plates. The type of device and manner of installation shall be subject to the approval of the building official, who shall coordinate such approval with the Chief of Police or the Chief's designee."

Section 303.15.4 is added to read as follows: "303.15.4 Auxiliary use doors. Where exterior entrance doors to buildings are not secured, entrance doors to laundry rooms, storage areas, trash rooms, and other similar areas within multifamily dwellings shall be provided with the same locking hardware required in Section 303.15.1, and the respective apartment tenants shall be provided with access keys."

Section 306.3 is amended to read as follows: "309.2 Single occupancy. The owner of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises."

Section 306.4 is amended to read as follows: "309.4 Multiple occupancy. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential structure shall be responsible for pest elimination."

Section 306.5 is amended to read as follows: "309.5 Continued maintenance. The owner of any structure shall be responsible for the continued rodent- and pest-free condition of the structure."

A new Section 307 is added to read as follows:

Section 404.1 is amended to read as follows: "404.1 Privacy. Dwelling units, rooming units, and dormitory units shall be arranged to provide privacy and shall be separate from other adjoining spaces."

Section 404.4, entitled "Bedroom and living room requirements" reads as follows: "404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5." "404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m 2 ) and every bedroom shall contain not less than 70 square feet (6.5 m 2 ) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m 2 ) of floor area for each occupant thereof." "404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces." Exception: Units that contain fewer than two bedrooms. "404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story." "404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes." "404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7."

Section 404.5, entitled "Overcrowding" is amended to read as follows: "404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5." For purposes of Section 13-123 of the County Code, occupant is defined as any person over one year of age.

The Director of the Department of Permitting, Inspections and Enforcement is authorized to grant an extension not to exceed 90 days to comply with a violation of sections 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, Table 404.5, 404.5.1, 404.5.2, and/or 404.6 of the Housing Code, with the following exceptions for which no extension to comply shall be granted:

In order for an extension to comply to be applied for any tenant, occupant, or owner, the County shall require said tenant, occupant, or owner, to execute an inspection agreement to provide for access to the dwelling unit at a reasonable time for an inspection within 30 days of a violation of sections 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, Table 404.5, 404.5.1, 404.5.2, and/or 404.6 of the Housing Code.

Section 404.6, entitled "Efficiency unit," is reads as follows: "404.6 Efficiency Unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

Section 404.7.1 is added to read as follows: "404.7.1 Cooking facilities. Every dwelling unit shall contain cooking facilities for the purpose of preparation of food, and such facilities shall be properly installed and operated and kept in a clean and sanitary condition."

Section 404.7.2 is added to read as follows: "404.7.2 Refrigerator for food preservation. Every dwelling unit shall contain a refrigeration unit adequate for the temporary preservation of perishable foods. Such unit shall be capable of maintaining an average temperature below forty-five (45) degrees Fahrenheit. All installations and repairs shall be made in accordance with the provisions of the Building Code, Plumbing Code, Electrical Code, and any other appropriate laws or regulations. The occupant of the dwelling unit shall keep all supplied refrigeration units in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation."

Section 404.7.3 is added to read as follows: "404.7.3 Cooking equipment. All cooking equipment, components, and accessories shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards. Portable cooking equipment employing flame is prohibited for indoor use. The occupant of the dwelling unit shall keep all supplies and cooking equipment in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation."

Section 502.3, entitled "Hotels," is deleted in its entirety.

Section 502.4, entitled "Employees' facilities," is deleted in its entirety.

Section 502.4.1, entitled "Drinking facilities," is deleted in its entirety.

Section 503.2 is amended to read as follows: "503.2 Location. Toilet rooms and bathrooms serving rooming units or dormitory units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway."

Section 503.3, entitled "Location of employee toilet facilities," is deleted in its entirety.

Section 602.2 is amended to read as follows: "602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of seventy (70) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this Section."

Section 602.3 is amended to read as follows: "602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one (1) or more dwelling unit, rooming unit, dormitory, or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a temperature of not less than seventy (70) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms.

Section 602.4, entitled "Occupiable work spaces," is deleted in its entirety.

This Division shall be liberally construed and applied to promote its underlying purposes and policies.

The underlying purposes and policies of this Division are to:

For the purposes of this Division (and Division 4):

From the date of adoption, a landlord shall not:

A landlord shall not issue notice of a rent increase, late fees or penalties during an emergency and within 90 days after the expiration of an emergency.

shall not notify a tenant with substantial loss of income of a rent increase; or

shall inform a tenant with substantial loss of income in writing to disregard any notice of a rent increase if:

may offer rent payment plans, in writing, to tenants with substantial loss of income.

A landlord shall not charge late fees if they apply to payments required during the emergency.

A landlord shall not charge penalties during the emergency.

A landlord shall inform a tenant in writing to disregard any late fee or penalty notice if the landlord provided the notice to the tenant during the emergency.

A landlord may charge the costs of return check fees.

Department of Housing and Community Development (DHCD) and Department of Permitting Inspection and Enforcement (DPIE) shall provide information about the requirements of this Subdivision on their respective websites, including the date that the emergency expires, and the date that is 90 days after the expiration of the emergency.

DHCD and DPIE shall post notice to license holders of the prohibition of rent increases for a tenant that has not suffered a substantial loss of income as defined in CB-16-2020 and CB-52-2020, evictions, late fees or penalties and the two-point six percent (2.6%) per annum limit on rent increases for any tenant that has not suffered a substantial loss of income, within 15 days of the enactment of this bill.

The DPIE shall exercise the enforcement authority provided pursuant to Sec. 13-102 of Subtitle 13 and Sec. 1-123 of Subtitle 1 of this Code:

A landlord shall not evict for non-payment of rent by a tenant that occupies a dwelling unit for living or dwelling purposes;

this new provision shall apply to any pending eviction proceedings not initiated before the COVID 19 emergency.

As a result, any pending eviction proceedings, for non-payment of rent, not initiated before the COVID 19 emergency shall be suspended until the duration of the emergency; and

new complaints filed against tenants for failure to pay rent shall be prohibited during the duration of the emergency;

this new provision applies from date of the Governor of the State of Maryland's Executive Order Number 20-04-03-01 until August 31, 2020.

Annual rent increase allowance. The Director annually shall calculate a rent increase allowance for regulated rental units applicable to rental lease renewals equal to the lesser of:

Duration. A rent increase allowance under Subsection (a) remains in effect for a 12-month period, beginning July 1st of each year and ending on June 30th of the following year.

By May 1st of each year, DPIE shall provide notice to the public of the annual rent increase allowance under Subsection (a), above, that will become effective on July 1st of that year.

In general. Except as provided under Subsection (b), below, upon a lease renewal or execution of a new lease, a landlord shall not increase the rent of a regulated rental unit to an amount greater than:

Limited surcharge for capital improvements. Subject to Subsection (c), below, the Director shall grant a landlord's petition to add a surcharge to the amount permitted under Subsection (a) if the Director determines, in accordance with rent stabilization regulations adopted by the Director:

Surcharge — additional requirements.

Fair return rent increase. In accordance with this Section and rent stabilization regulations adopted by the Director:

For purposes of this Section, fair return means a return on investment:

The Director shall adopt rent stabilization regulations establishing:

Exemptions. The requirements and limits of Section 13-145 do not apply to:

Expiration of exemption. An exemption under Subsection (a), above, expires when the conditions entitling the unit or facility to an exemption cease or no longer exist.

Regulations. The Director shall adopt rent stabilization regulations regarding limitations on fee increases and that prohibit landlords from imposing new fees for services and amenities included during the term of the lease.

Fee schedule. At the discretion of the Director, a fee schedule may be included, as a part of the rent stabilization regulations.

On or before September 30th of each year, a landlord must submit to the Department a report for the preceding 12-month period, beginning July 1st and ending on June 30th, regarding regulated rental units, rents, and notices of rent increases.

The landlord shall submit the report in the form and manner prescribed by the Director pursuant to rent stabilization regulations.

The Department of Housing and Community Development (DHCD), DPIE, and the Office of Community Relations (OCR) shall provide information about the requirements of this Subdivision on their respective websites, including, but not limited to, informing landlords, tenants, and the general public about the types of units subject to the provisions of this Subdivision and exempt from some or all of its provisions, petitions for capital improvements, substantial renovations, and fair return relief from Ordinance coverage. By January 1, 2026, DPIE shall provide a publicly available web portal that the general public can access and utilize to determine whether a particular rental property is subject to the limits of the rent increase allowance prescribed in Section 13-144 and whether the provisions of Sections 13-145, 13-146, or 13-147 are applicable to the property.

DPIE shall email and post notice to license holders of the per annum limits on rent increases prescribed in this Subdivision within fifteen (15) days of its effective date.

DPIE shall exercise the enforcement authority provided pursuant to Section 13-102 of Subtitle 13 and Section 1-123 of Subtitle 1 of this Code:

The Prince George's County Rental Assistance Program ("RAP") is hereby established as an avenue of temporary financial assistance for the residents of Prince George's County that meet the eligibility requirements set forth in Section 13-149 of this Subdivision.

The Prince George's County Rental Assistance Program Fund is hereby established for the purposes of providing financial rental assistance to residents in accordance with Section 13-149 of this Subdivision. The availability of funds for the RAP shall be subject to allocation from the County budget and any other funding sources.

The Department of Housing and Community Development shall implement a program to administer financial assistance awards from the Prince George's County Rental Assistance Fund and will post all related information on their website.

Eligibility requirements.

Limitations

In this Subdivision the following terms shall have the denoted meaning.

A Housing Provider may not make an inquiry into or consider a previous arrest of an Applicant if it did not result in a conviction.

Before making a conditional offer, a Housing Provider shall not make an inquiry or inquire into or require an Applicant to disclose or reveal an Arrest, Conviction, or Pending Accusation.

Before accepting an application fee, a Housing Provider must disclose, in writing, to the Applicant:

After making a Conditional Offer, a Housing Provider may only consider an Applicant's Conviction that has occurred within seven (7) years of the application date that is for one (1) or more of the following enumerated crimes that were committed in the State of Maryland, any other State in the United States, the District of Columbia, the United States, or any United States territory:

A Housing Provider may withdraw a Conditional Offer based on an Applicant's Conviction Record only if the housing provider determines, on balance, that the withdrawal achieves a substantial, legitimate, nondiscriminatory interest.

The Housing Provider's determination of a nondiscriminatory interest shall be reasonable in light of the following factors:

If a Housing Provider withdraws a Conditional Offer, the Housing Provider shall provide the applicant with written notification that includes, with specificity, the reason or reasons for the withdrawal of the Conditional Offer and a notice that advises the Applicant of the Applicant's right to file a complaint with the Office of Human Rights.

The Applicant may request, within 20 days after the housing provider's notice of the recession, that the Housing Provider provide the applicant a copy of all information that the Housing Provider relied upon in considering the Applicant, including the Conviction Record(s). The Housing Provider shall provide the requested information at no charge to the Applicant, within ten (10) days after a timely request.

This Subdivision shall not apply:

Filing a complaint with the Office of Human Rights shall be an Applicant's only and exclusive remedy, and an Applicant aggrieved by any Section of this Subdivision shall have no private cause of action in any court based on a violation of this subdivision.

The Office of Human Rights shall have the authority to award damages to an aggrieved Applicant pursuant to Section 2-195.01, Subdivision 3, Division 12, Subtitle 2 of the Prince Georges County Code.

Warranty of Habitability. The landlord shall expressly warrant that, at all times during the tenancy, the landlord will comply with all applicable provisions of any Federal, State, County, or municipal statute, Code, regulations, or ordinance governing the maintenance, construction, use, or appearance of the dwelling unit and the property of which it is a part.

Duty to Maintain Facilities and Common Areas. The landlord shall be obligated to maintain all facilities and common areas supplied with the leased dwelling unit and/or as enumerated in the lease.

Promulgate Written Rules with Written Notice to Tenant. The landlord may, however, promulgate written rules to be consistent with the lease governing the use of the leased dwelling unit and the property of which it is a part, so long as the rules are reasonable and are not in violation of the applicable provisions of any Federal, State, County, or municipal law cited above and/or are not inconsistent with the provisions of the lease. The Tenant shall be notified in writing of any changes in the aforesaid rules.

Twenty-Four Hour Access for Emergency Purposes. Any landlord operating three or more rental units in the same facility shall be obligated to maintain a 24-hour telephone number and/or answering service where Tenants may contact the landlord in the event of an emergency affecting the health, safety, or welfare of any Tenant or any property thereof. The landlord shall notify all Tenants of the number in writing and by posting the number in a conspicuous place. The emergency number shall also be included in all leases executed after the effective date hereof. In the event of a change of the 24-hour emergency number, the landlord shall promptly notify all Tenants of such change.

Emergency Evacuation Plans—Age Restricted Senior Housing. Any landlord operating age restricted senior housing, as defined in Section 13-138(a)(2) of this Division, shall provide an emergency evacuation plan for the facility. The emergency evacuation plan shall be Maryland Life Safety Code 2018, adopted with amendments to the NFPA 101, Life Safety Code, 2018 compliant. The emergency evacuation plan shall be posted in the front office of the facility which is accessible to the public. The Plan shall include an evacuation map, location of fire extinguishers and the type of fire alarm inside. The emergency evacuation plan shall be provided by the landlord on-line. The Prince George's County Fire Department shall make available stickers for residents to place on their windows, at their discretion, to identify if persons in a unit have physical disabilities.

Security Measures and Security Equipment. The landlord shall ensure compliance with the following standards:

Security Measures and Security Equipment for Garden Style Apartments.

Security Measures and Security Equipment for High Occupancy Facility(ies).

Enforcement of Maintenance of Security Equipment in Common Areas. Tenants may bring complaints of defective or malfunctioning safety measures or equipment and related violations of Section 13-153 to:

Financial Assistance.

The tenant shall not unreasonably withhold his consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary repairs, decorations, alternations or improvements, supply services as agreed, or exhibit the dwelling unit to prospective purchasers, mortgagees or tenants.

The landlord shall not abuse his right to access nor use it in any way to harass the tenant. Except in the event of an emergency, affecting the health, safety, or welfare of the landlord or any tenant or any property thereof, the landlord shall give the tenant at least twenty-four (24) hours written or oral notice of his intent to enter and shall enter only during normal business hours or at such other time as is mutually agreed to by the landlord and the tenant.

In the event that the tenant is absent from the dwelling unit at the time of entry, the landlord shall supply the tenant, within twenty-four (24) hours after the entry, with a written report of the entry, setting forth the purpose of the entry and the details of any repair, decoration, alteration or improvement.

The abuse of access rights by either the landlord or the tenant shall be a basis for the termination of the lease by the affected party.

The landlord shall not withhold the right of tenants to access utility meters within leased premises having individual utility meters for gas, electricity, water or other services which are billed to the tenant by individual unit.

Access to meters within secured areas shall be arranged by appointment at the request of the tenant to the landlord or designated representative. Such appointments shall be requested at least three (3) working days in advance and shall be scheduled during normal business hours.

Each tenant shall comply with all obligations imposed upon him by the lease agreement and by applicable provisions of all State and County statutes, codes, regulations and ordinances, and in particular:

If the landlord imposes a security deposit, he shall promptly deliver to the tenant, upon written request, a report setting forth all damages existing within the leased dwelling unit, pursuant to the Real Property Article of the Annotated Code of Maryland. The request shall be made within fifteen (15) days of the tenant's occupancy of the leased dwelling unit. The tenant shall, if he disagrees with the report, serve on the landlord a statement of his own, setting forth any variations, within five (5) days after he receives the report. Failure by the landlord to provide the tenant with such a report shall make the landlord liable to the tenant for threefold the amount of the security deposit.

The landlord shall be presumed to be responsible for any damages noted in the condition report and any variations noted therein, unless proof of repairs is shown.

Any defective condition within the leased dwelling unit which comes to the tenant's attention, which he has reason to believe is unknown to the landlord, shall be reported to the landlord within forty-eight (48) hours. Where the defective condition may cause serious damage to person or property, it shall be reported to the landlord immediately.

A security deposit is any advance or deposit of money given to the landlord by the tenant for the purpose of securing the performance of the rental agreement or any part thereof.

A landlord shall not impose a security deposit in excess of the equivalent of two (2) months' rent or Fifty Dollars ($50.00), whichever is greater, per dwelling unit, regardless of the number of tenants.

The landlord shall maintain the security deposit in an interest bearing and insured escrow account in a bank or savings and loan association located within the State of Maryland, and administer it for the benefit of the tenant. This money shall not be commingled with any asset of the landlord and shall be identified in some manner as security deposit escrow money. Failure to provide such information shall be cause for denial, suspension, or revocation of the license to operate a multifamily rental facility as required by Section 13-184.

The landlord shall deposit the security deposit money within thirty (30) days after its receipt. The tenant shall be entitled to interest earned on the deposit as provided under § 8-203 of the Real Property Article.

In the event of sale or transfer of any sort, including, but not limited to, receivership or bankruptcy, the security deposit shall be binding on the successor in interest to the person to whom the deposit is given. Security deposits shall be free from any attachment by creditors.

Any successor in interest shall be liable to the tenant for failure to return the security deposit together with interest, as provided by this Section.

The landlord shall return the security deposit and interest per annum, as determined pursuant to § 8-203 of the Real Property Article, less any damages rightfully withheld, within forty-five (45) days after the lease is terminated.

The tenant has the right to be present when the landlord or his agent inspects the leased dwelling unit in order to determine if any damage was done to the leased dwelling unit, if the tenant notifies the landlord by certified mail of his intention to move, the date of moving, and his new address. The notice to be furnished by the tenant to the landlord shall be mailed at least fifteen (15) days prior to the date of moving. Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the leased dwelling unit is to be inspected. The date of inspection shall occur within five (5) days before or five (5) days after the date of moving as designated in the tenant's notice. The tenant shall be advised of his rights under this Subsection in writing at the time of his payment of the security deposit. Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.

As a condition precedent to the leasing of a dwelling unit in a multifamily rental facility and in age restricted senior housing in this County, there shall be either an oral lease between the landlord and tenant, where such an oral lease is allowable under Maryland law, or a written lease evidencing the understanding of the parties which shall be executed by both the landlord and the tenant.

The lease shall be subject to the following conditions:

In addition to the provisions of Section 13-161, each written lease agreement shall contain the following:

It shall be unlawful for any person, tenant, landlord, landlord agent, management staff and/or property owner to knowingly, sublease, assign, transfer possession, or permit use of an apartment for the purposes of any violation of the Controlled Dangerous Substance Laws of the State of Maryland and/or of Prince George's County.

Anyone who violates this Section shall be guilty of a misdemeanor per apartment, per occurrence and, upon conviction, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months for each offense.

It shall be unlawful for any person, tenant, landlord, landlord agent, management staff and/or property owner to knowingly sublease, assign, transfer possession, or permit use of an apartment for the purposes of any violation of the Prostitution Laws, including human sex trafficking and human labor trafficking laws of the State of Maryland and/or Prince George's County.

Anyone who violates this Section shall be guilty of a misdemeanor per apartment, per occurrence and, upon conviction, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months for each offense.

Any inquiries and/or complaints regarding prostitution and/or human sex or human labor trafficking to the Prince George's County 311 Call Center shall be directed to the enforcing agencies of the County, including the Office of Human Rights.

Upon request, the Office of Human Rights shall make available to property owners and landlords of rental properties requesting the information and/or the inquiries or complaints received regarding their rental properties.

The Office of Human Rights shall make available resources regarding prostitution and/or human sex or human labor trafficking to property owners and landlords of rental properties.

Any person who is a property owner, landlord, landlord agent, or management staff that operates an apartment rental within the County shall be offered voluntary training for management employees on how to identify human sex and human labor trafficking activities and human sex and human labor trafficking victims.

An owner and a manager of an apartment rental within the County may voluntarily register for human sex and human labor trafficking training with the Office of Human Rights. If an entity is owned by a corporation, the registered agent of the owner may register with the Office of Human Rights.

Any voluntary registration shall be updated by the Office of Human Rights by the end of the 30th day after registration with the Office of Human Rights.

The Office of Human Rights, in collaboration with the Prince George's County Police Department, will provide voluntary training on human sex trafficking and human labor trafficking consisting of training for management staff of an apartment rental within the County at the cost of the participating apartment owners.

Beginning on July 1, 2017, apartment rentals identified in Sec. 13-162.00.04(a), may voluntarily biennially certify to the Office of Human Rights that management staff has completed the voluntary training. The Office of Human Rights shall issue regulations prescribing the process for biennial certification within sixty (60) days after the effective date of this Act except for human labor trafficking, which certification process shall be completed at a later date. The same training requirements apply for human labor trafficking except for the above-referenced dates in this subsection.

When the Department of Permitting, Inspections, and Enforcement determines that any part of a multifamily rental facility, including the parking area thereof, is within the one hundred (100) year floodplain, as defined in the Building Code of Prince George's County, and is so designated on a Flood Hazard Area Boundary Map furnished by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development, or the Flood Plain maps of the U.S. Army Corps of Engineers, or is otherwise so determined as being within the one hundred (100) year floodplain, as defined in the Building Code of Prince George's County, then the Director shall be provided with a property plat, aerial photo, or other graphic depiction showing that portion of the multifamily rental facility, including the parking area thereof, situated within the Flood Hazard Boundary, provided that if the Landlord has obtained from a professional engineer registered in the State of Maryland a certification that a building and the parking area normally used by tenants therein is not within the one hundred (100) year floodplain, which certification shall be based upon a detailed comprehensive floodplain study prepared by a public authority or an independent study prepared by such engineer, and which independent study shall be presented to and accepted by the Director, the building and the parking area shall be exempt from the provisions of this Section. The Director in turn shall immediately notify the landlord who, upon receipt of the notification, shall include one of the following acknowledgements in any future lease for any tenant who would occupy any building situated within the Flood Hazard Boundary, or who would normally utilize a parking or storage facility area any portion of which is situated within the Flood Hazard Boundary, such parking areas to be clearly posted to alert those using it that the parking area is subject to flooding:

A professional engineer registered in the State of Maryland has certified that (strike the phrases that do not apply) the apartment unit you are to occupy - the first floor and basement of the building in which your unit is located - a portion of the facility's parking area in which you would normally park your motor vehicle - (is)(are) situated within an area which has been designated as being within the one hundred (100) year floodplain and therefore may be subject to flooding. You may, therefore, be eligible for subsidized, low cost U.S. Government flood insurance on your personal belongings located in the building. Accordingly, you may wish to consider acquiring such insurance which may be purchased from insurance agents.

Such acknowledgement may be in the form of an attachment or, if included in the lease form, it shall be distinctly set apart from any other provisions of the lease with a space provided for a written acknowledgement that the tenant is aware of the flood risk. Any such lease not accompanied by the foregoing acknowledgement, and either the tenant's signature or witnessed mark specifically and independently related to the acknowledgement, shall be unenforceable by the landlord.

Within five days after receipt of notification from the Director, the landlord shall furnish all tenants occupying dwelling units in premises within the Flood Hazard Area Boundary, or utilizing a parking or separate storage facility within the Flood Hazard Area Boundary, with a written warning in the above stated form (1) or (2) without the statement relating to the assumption of risk, and obtain the tenant's signature as prescribed herein.

Any landlord electing to provide the notice specified under subparagraph (2) shall obtain through the services of a professional engineer registered in the State of Maryland the data required for completion of the notice.

Equipment which is provided by the landlord shall be properly installed, connected, and maintained, and shall be capable of adequately performing the function for which it was designed.

Air conditioning in rental housing. Except when required for reasonable maintenance and repair, if the landlord supplies air conditioning units or a central air conditioning system, it shall be maintained in a safe and good working condition. Safe and good working condition shall mean that between June 1 and September 30:

Enforcement - Air Conditioning in Rental Housing. Tenants may bring complaints of violations of 13-162.02(b) to the Department of Permitting, Inspections, and Enforcement (DPIE). If DPIE finds that a violation has occurred, DPIE shall impose a civil fine up to five hundred dollars ($500) for each violation.

No written lease agreement shall contain:

Any lease provision which is prohibited by terms of this section shall be unenforceable by the landlord.

If the landlord included in any lease a provision prohibited by this section or otherwise made unenforceable by State or County law, and tenders a lease containing such a provision, or attempts to enforce and/or make known to the tenant an intent to enforce any such provision, the tenant may recover any actual damages incurred as a result thereof, including reasonable attorney's fees.

If any lease shall contain a provision calling for an automatic renewal of a lease term unless prior notice is given by the party or parties seeking to terminate the lease, any such provision shall be distinctly set apart from any other provision of the lease and provide a space for the written acknowledgement of tenant's agreement to the automatic renewal provision, except leases containing an automatic renewal of one (1) month or less. Any such provision not specifically accompanied by either the tenant's initials, signature, or witnessed mark, shall be unenforceable by the landlord.

After a warrant of restitution is executed, the landlord shall dispose of the property of a tenant. In no event may any of the tenant's property be placed on a public right-of-way or on any public property. Any property removed from the leased premises pursuant to a properly issued warrant of restitution shall be deemed abandoned.

If the tenant or the tenants' agent is present at the time the warrant of restitution is executed, the tenant shall be permitted to salvage and transport the tenant's property removed from the leased premises, after the warrant of restitution is executed, for a reasonable period of time, not to exceed four hours.

This section shall not apply to County owned property.

The Office of the Sheriff shall notify the enforcing agencies of the County of the eviction. The Office of the Sheriff shall notify, within one business day, the Department of Permitting, Inspections and Enforcement and the Department of Public Works and Transportation regarding the eviction.

Following an eviction, no garbage, litter, rubbish, abandoned property, and/or trash shall be placed, left, dumped or permitted to accumulate or remain in buildings or premises in the County.

After the initial period, which is granted pursuant to Section 13-164, in which the evicted person or persons have to remove property, the landlord has one business day following an eviction to have the garbage, litter, rubbish, abandoned property, and/or trash from the eviction removed at the expense of the property owner. Within one business day of receipt of a complaint that garbage, litter, rubbish, abandoned property and/or trash is not removed the Department of Permitting, Inspections and Enforcement shall investigate the complaint and shall issue a violation notice and/or citation, as deemed appropriate. For private property evictions, the Department of Public Works and Transportation shall be designated as the responsible agency to remove garbage, litter, rubbish, abandoned property and/or trash placed on private property after an eviction upon receipt of a clean-up request and court order.

On or after June 1, 2016, a landlord shall offer an initial lease or, when a current lease expires, a renewal lease, with a lease term of at least twenty-four (24) months to a senior lessee residing in age-restricted senior housing, unless the senior lessee agrees otherwise. Rental housing not covered in this Division includes, but is not limited to, assisted living, care home, and nursing home facilities. The twenty-four (24) month lease or renewal lease shall apply to senior lessees in a facility that are at least fifty-five (55) years of age at the time the lease or renewal is offered.

The initial or renewal lease offered under Subsection (a) above shall also comply with Sections 13-161, 13-162 and 13-163 of this subdivision.

The term of new or renewal senior leases shall be for twenty-four (24) months and shall remain without fee or rent increases for the entire period.

Landlords are required to provide written notice to all lessees about the twenty-four month period upon entering into a new lease or a renewal lease. The landlord must keep a record of seniors who are using the twenty-four (24) month lease period. Any senior who waives the twenty-four (24) month lease period needs to complete a waiver form, or have the waiver indicated on the lease, which the landlord must keep on file for three years.

The Department of Permitting, Inspections and Enforcement: shall, as part of the biennial license renewal process:

The Department of Permitting, Inspections and Enforcement shall use the rental license process to determine if landlords have appropriately offered the twenty-four (24) month lease period to lessees. The Department of Permitting, Inspections and Enforcement may deny, suspend or revoke a rental license or the renewal of a rental license, pursuant to Sections 13-184 or 13-187 of the Code, if they find that the landlord has not offered this lease period.

The Department of Housing and Community Development, in conjunction with the Department of Social Services and the Office on Aging, will use HUD and other housing resources to help encourage financial literacy and to provide housing information to seniors.

Definitions. For purposes of this section, the following terms have the following meanings:

Rent Reporting. Beginning July 1, 2023, any Landlord, as defined in (a) of this section, shall offer the Tenant or Tenants obligated on the lease of each unit in that housing development the option of having the Tenant's rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)) or any other consumer reporting agency that meets the definition set forth in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)) so long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)). A Tenant's rental payment information may be reported by a third-party service, or the landlord, or otherwise.

Tenant Election. A Tenant's election to have rent payments reported under this subdivision shall be in writing.

Leases after July 1, 2023. For leases entered into after July 1, 2023, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter.

Leases Outstanding as of July 1, 2023. For leases outstanding as of July 1, 2023, the offer of rent reporting shall be made no later than October 1, 2023, and at least once annually thereafter.

Offer of Rent Reporting. The offer of rent reporting shall include a written statement that only the Tenant's timely payments will be reported.

Fee for Rent Reporting. If a Tenant elects to have that Tenant's rental payments reported to a consumer reporting agency under section (b) the Landlord may require that Tenant to pay a fee to a third-party service, or the landlord, or otherwise not to exceed the lesser of the actual cost to the Landlord to provide the service or ten dollars ($10) per month.

Tenant Failure to Pay Rent Reporting Fee. If a Tenant fails to pay any fee required by the Landlord pursuant to section (g), all of the following shall apply:

Tenant's Rights to Terminate Rent Reporting. A Tenant who elects to have rent reported as described in subdivision (a) may subsequently:

Md. Code Ann., Real Prop. § 8-211 Protections. A Tenant who elects to have rent reported shall not forfeit any rights provided under Md. Code Ann., Real Prop. § 8-211.

Md. Code Ann., Real Prop. § 8-218 Protections. A Tenant who elects to have rent reported shall not forfeit any rights provided under Md. Code Ann., Real Prop. § 8-218.

Termination of Pilot Program. This section shall remain in effect from July 1, 2023, until July 1, 2028, and shall be repealed after that date, unless it is extended by statute before that date.

Definitions. As used in this Section:

Relocation amount.

Proof of compliance. A landlord must retain a copy of the check or money order provided to the displaced tenant and a receipt signed by the tenant for a period of five (5) years.

First right to reoccupy.

Penalty. Any landlord issued a citation for a violation of this Subdivision shall be subject to a fine of up to One-Thousand Dollars ($1,000). Each day a violation continues is a separate violation.

The Prince George's County Senior Housing Assistance Pilot Program ("SHAPP") is hereby created as a one-year Pilot Program, effective one-year following the effective date of this Act as a means of providing temporary financial assistance to low-income senior residents of Prince George's County for residential rent, residential mortgage payments, and residential real property tax payments that meet the eligibility requirements set forth in Section 13-180.02 of this Division.

The Prince George's County Senior Housing Assistance Pilot Program Fund is hereby created for the purposes of providing financial assistance to residents in accordance with Section 13-180.02 of this Division. For Fiscal Year 2024, an investment and allocation of State funds to the Prince George's County Senior Housing Assistance Pilot Program Fund shall be One-Million Dollars ($1,000,000).

The Department of Family Services and the Department of Social Services shall implement a one-year pilot program to administer financial assistance awards from the Prince George's County Senior Housing Assistance Pilot Program Fund.

The Directors of the Department of Family Services and the Department of Social Services ("Directors") shall establish an application process, award procedures, and other regulations necessary to implement the SHAPP consistent with this Division.

The Directors shall publish and transmit to the County Council and the County Executive an annual report summarizing the activities of the Prince George's County Senior Housing Assistance Pilot Program no later than one-year from the effective date of this Act.

The Department of Social Services shall be the responsible county agency to track all applications submitted by the Department of Family Services and issue financial assistance to the eligible senior.

Eligibility requirements.

Limitations. Tenants may apply for and receive assistance for a number of two times in a period of one (1) year. Each time a senior, covered by this Division, is in need of financial assistance for residential rent, residential mortgage, or County residential real property taxes, they must meet the eligibility criteria and apply for that assistance. The one (1) year coverage period begins on the date the application is awarded. A senior may receive up to a total of $2,500 in SHAPP funds.

No person shall conduct or operate or cause to be operated either as owner, lessee, agent, or in any other capacity within the County any single-family rental facility or any multifamily rental facility as defined in Section 13-138(a) without having first obtained a license as provided in this Division.

Implementation of this Division shall be established by procedures adopted by the Director.

Notwithstanding the provisions of Subsection (a), above, no license shall be required for a single-family rental facility in any of the following circumstances. Documentation of the license exemption must be provided to and accepted by the Department for the provisions below.

The legal owner of record of each existing single-family rental facility or multifamily rental facility shall make written application to the Director for a license for such use, on a form to be supplied by the Director and containing such information as necessary to administer and enforce the provisions of, and to ensure compliance with the provisions of, this Division and the Housing Code in its entirety. Such information shall include, but shall not be limited to, the name and physical address of the legal owner of record's authorized agent and resident agent on an on-line searchable public database of all licensed single-family rental facility and multifamily rental facility housing in the County maintained by the Department of Permitting, Inspections and Enforcement, and the name and physical address of the legal owner of record's mortgage holder and proof of insurance and the name and physical address of the legal owner of record's insurance company made available by the Department to the public in a timely manner, upon request. There shall be a continuing obligation on the part of the license holder to update the information on the application and/or to supply information not previously submitted. In addition, the legal owner of record of each such multifamily rental facility newly constructed shall make written application to the Director for a license, as herein provided, prior to any initial occupancy.

No license for a single-family rental facility will be granted until the premises meets the minimum standards of the County Code.

The license application shall contain authorization for the licensee to have the option to consent in writing to service of notice of violation, civil citation, and administrative citation of Housing Code violations by email. The license application shall provide for the placement of the optional signature of an applicant for service by email. The license application shall provide that the licensee is obligated to maintain an updated email address. If email consent is provided then, service by certified mail or first-class mail is not required. Failure to update the Department with a new email address is not a basis to challenge service and shall preclude the applicant from any notice-related defenses.

In this section the following words have the meanings indicated:

For an application for a single-family rental facility or multifamily rental facility in a Common Ownership Community, in addition to the information required under Section 13-182, an applicant shall provide the following information:

The Director may suspend, revoke or deny a license pursuant to Section 13-184 or Section 13-187, where a Common Ownership Community provides documentation to the Department of a final adjudication that:

When the Director finds that the requirements of the Housing Code have been met, a license certifying such facts shall be issued.

If the Director finds that the requirements of the Housing Code have not been met, a written denial specifying the defects shall be transmitted to the applicant.

If the Director finds that a Use and Occupancy Permit, pursuant to Subtitle 27 of the Zoning Ordnance, has not been issued, a rental license shall be denied and a written denial shall be transmitted to the applicant in writing.

Unless revoked or suspended for cause prior to expiration, each license issued under this Division shall expire not less than one (1) year nor more than two (2) years from the date of initial issuance or renewal as the Director may determine is necessary to develop and maintain an evenly distributed work schedule of the inspection and licensing program. The licensing fee shall be prorated in accordance with the schedule set forth in Section 13-189 of this Code.

The renewal license application shall contain authorization for the licensee to have the option to consent in writing to service of notice of violation, civil citation, and administrative citation of Housing Code violations by email. The renewal license application shall provide for the placement of the optional signature of an applicant for service by email. The renewal license application shall provide that the licensee is obligated to maintain an updated email address. If email consent is provided then, service by certified mail or first-class mail is not required. Failure to update the Department with a new email address is not a basis to challenge service and shall preclude the applicant from any notice-related defenses.

A license issued under this Division is not transferable and terminates upon change of ownership.

The purchaser of a licensed single-family or multifamily rental facility may conduct/operate the property provided an application for a new license is applied for within 30 days following settlement.

A license issued under this Division is not required where a buyer and a seller of a single-family dwelling enter into a Pre-Settlement Occupancy Agreement and/or a Post-Settlement Occupancy Agreement.

If a purchaser fails to apply for a new license as required in Subsection (b) of this Section or Use and Occupancy Permit as required by Subtitle 27, the Zoning Ordinance, a penalty of up to Five Thousand Dollars ($5,000) for each month, or portion thereof, the single-family or multifamily rental facility was operated and/or occupied without a valid license will be assessed.

The term for a new license shall begin on the date the application with appropriate fee was received by the Director.

The term for the initial single-family rental facility license shall begin on the date the license was issued by the Director.

A license once issued or reissued may be suspended or revoked upon a finding by the Director that one (1) or more of the requirements of Subtitle, 4 Subtitle 5, Subtitle 11, Subtitle 13, or Subtitle 27, of this Code have been violated, where the violations constitute a serious threat to the health and safety of the occupants, or upon the unreasonable failure of the licensee to comply with a notice of violation. A license is not required where a buyer and a seller of a single-family dwelling enter into a Pre-Settlement Occupancy Agreement and/or a Post-Settlement Occupancy Agreement.

Reissuance of a license that has been revoked, or denied upon application for renewal, shall be subject to payment of the full amount of the applicable license and inspection fee except that, at the discretion of the Director, the license may be reissued on a six (6) month basis. When an inspection confirms that a property on a six (6) month licensing schedule is being maintained to Code standards it shall then be placed on an annual licensing schedule for a period not to exceed three (3) years. The fee for such six (6) month or annual license shall be the same as normally required for a two year license and shall double, progressively, for any subsequent denial or revocation which may occur prior to expiration of the six (6) month or three (3) year annual licensing term. Such a decision of the Director may be appealed to the Administrative Hearing Unit established by Division 15 of this Subtitle if filed within thirty (30) calendar days.

When a license has been suspended or revoked or an application for a license has been denied, it shall be unlawful for the licensee or any person to let for occupancy or use any dwelling unit then vacant or becoming vacant until a license has been reissued or revalidated.

Upon suspension, revocation, denial, or expiration of a license, a notice, provided by the Department of Permitting, Inspections, and Enforcement, shall be posted and publicly displayed in the rental office or upon the property, as the Director determines, which shall state as follows:

Any issued license which is suspended or revoked shall be returned to the Director.

The notice of suspension, revocation, or denial of a license shall advise the person notified of his right of appeal of such notice. The Administrative Hearing Unit shall hold a hearing upon the appeal and the proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director.

Every decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.

At the time of application for the initial license or for license renewal for a multifamily rental facility for each dwelling unit, and a single-family rental facility for each dwelling unit shall be collected per the fee prescribed in the Table of Fees. The license shall be for a two (2) year period.

Except as provided for the transfer of license, no refunds of license and inspection fees shall be made to those discontinuing operation or who sell, transfer, give away, or otherwise dispose of a licensed building to another person. In the event it is determined by the Director that an application shall be denied due to legal restrictions that prohibit the issuance of the license, the applicant's tendered fees will be returned.

The schedule of fees shall be subject to review and revision periodically as experience dictates to insure that the fees are equitable and in line with costs of administration of this Division. The fees for single-family rental facilities shall only be amended by Council Resolution.

In addition to the authority granted by this Division, the County Executive is directed to:

It is specifically intended that this Division shall:

For the purposes of this Division the following words and phrases shall have the meaning respectively ascribed to them by this Section.

There is hereby established the Prince George's County Group Residential Facility Commission which shall consist of five (5) members that are residents of the County, appointed by the County Executive for terms coterminous with his own and confirmed by the Council. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until his successor is appointed and qualifies. One (1) of said members shall be a social worker with practical and educational experience in the field of Group Residential Care; one (1) of said members shall be a representative of the Group Residential Care Industry; three (3) of said members shall be of the public-at-large, provided that one (1) of the three (3) shall be a representative of the County Municipal Association.

The Municipal Association nominee shall be chosen by the County Executive from a list of three (3) persons submitted by the Municipal Association. The Chairman of the Commission shall be one of the public members, other than the representative of the Municipal Association, who shall be designated by the County Executive pursuant to Section 322 of the Charter. A member of the Commission may be removed by the County Executive pursuant to Section 507 of the Charter. Any member who ceases to reside within the County shall immediately forfeit his office.

The Commission shall have the power, duty and authority to approve or disapprove applications for a Group Residential Facility certificate after having conducted a public hearing in the neighborhood of the proposed facility as hereinafter provided by Section 13-206, into the nature, purposes and objectives of the proposed program; the background and experience of the person sponsoring the Group Residential Facility and the experience and qualifications of the professional personnel to be involved in operating the facility, and such other relevant items of information as the Commission deems necessary to carry out the purposes and objectives of this Division.

The Commission shall have the authority to suspend or revoke any Group Residential Facility certificate pursuant to the provisions of Section 13-211 of this Division.

The Commission shall have the authority to carry out any other duties and responsibilities as prescribed by this Division, provided, however, that nothing contained herein shall be construed to prohibit the Director of the Department of Permitting, Inspections, and Enforcement from suspending or revoking any Group Residential Facility certificate in an emergency situation threatening the health, safety, and welfare of any resident or other person involved in a program administered by a Group Residential Facility and proceeding to abate that threat directly by injunction or other appropriate remedy at law or equity.

Any person that wishes to establish a Group Residential Facility shall file an application in writing with the Commission in a manner and on a form prescribed by it. The applicant shall be the owner of the Group Residential Facility or the person legally designated by the owner as having complete responsibility for the administration and business of the facility.

Every application for certification or renewal thereof shall be accompanied by, but not limited to, the following proofs and documents:

With respect to the documents listed under paragraph (b) of this Section which must accompany an application for certification, the Commission shall accept as valid a copy of any such document as may have been filed with a State regulatory agency for the same purpose by the person making application for the certificate hereunder, unless the Commission shall have reasonable grounds to believe that any such document is outdated or inaccurate.

Before the Commission shall certify any facility, or renew any certificate, it shall cause a notice of such application to be published two (2) successive times in the County's newspapers of record, at least fourteen (14) days but not more than thirty (30) days, prior to the date of the public hearing. The notice shall specify the name of the applicant, the kind of certificate applied for, the location of the Group Residential Facility proposed for certification, and the time and place fixed by the Commission for the hearing upon the application. Upon receipt of an application for certification of a Group Residential Facility located within the boundaries of an incorporated municipality, the Commission shall notify the municipality of the pending application and, in addition, shall provide the municipality with notice of the public hearing at least thirty (30) days prior thereto. If the Commission determines that the applicant is not fit to receive such certification applied for, or has made a material false statement in his application, or has practiced fraud in connection with said application, or that the operations of a Group Residential Facility, if certification is granted, will adversely affect the health, safety and welfare of the residents of the neighborhood in which the Group Residential Facility is to be located or that the applicant does not demonstrate an ability to comply with the provisions of this Division, then the application shall be disapproved and certification refused. If no such finding is made by the Commission, then the application shall be approved and certification shall be granted. All findings and conclusions of the Commission as to the issuance or denial of a certificate shall be presented to the applicant within ninety (90) days of the submission of the initial application to the Commission for certification, with copies of such conclusions sent to all parties of record. If the application is approved and certification is granted, the Commission shall issue its certificate of approval for presentation to the Director of Permitting, Inspections, and Enforcement or his designee, and the Director or his designee shall issue the certificate applied for upon presentation of said certificate and payment of the fee required. The Director of the Department of Permitting, Inspections, and Enforcement or his designee shall maintain a record of certificates issued. In addition, if the applicant is not a nonprofit corporation, no certificate shall be issued by the Director of the Department of Permitting, Inspections, and Enforcement or his designee unless and until there is presented to him a certificate issued by the County Treasurer showing that there are no unpaid taxes on the real property or the taxable tangible business personal property of the applicant due to the State of Maryland or the County.

For assistance in reaching its decision relative to application for a Group Residential Facility certificate, the Commission may request technical service, advice, data or factual evidence from the agencies of County government.

Approval of any application for a Group Residential Facility to be located within an incorporated municipality for which such municipality has recommended denial shall require four (4) votes of the Commission. All other such action by the Commission as to the approval or denial of a Group Residential application shall require a majority vote of the full Commission.

After at least thirty (30) days notice to the certificate holder and any parties of record of the time and place of a hearing, and a hearing held thereon, the Commission may revoke, suspend, refuse to issue or refuse to renew a certificate if it finds any of the following:

Any party of record aggrieved by a decision of the Commission with respect to the issuance, renewal, suspension, revocation or refusal to renew or issue a certificate shall have the right to appeal any such decision to the Board of Appeals for the County, within ten (10) days after receipt of notice of the issuance, renewal, suspension, revocation or refusal to renew or issue decision rendered by the Commission. Appeals to the Board of Appeals from the issuance, renewal, suspension, revocation or refusal to renew or issue decision of the Commission shall be on record of the hearing before the Commission.

Any party of record aggrieved by a final decision by the Board of Appeals, whether such decision is affirmative or negative in form, is entitled to file an appeal to the Circuit Court of Prince George's County, Maryland. Such appeal shall be governed by the provisions of the Maryland Rules pertaining to administrative appeals.

The program of supportive living arrangements is one of the characteristics that distinguishes a Group Residential Facility from other types of family or institutional living that are excluded from this Division. The responsible person therefore, shall prepare a program statement that describes the program's goals and objectives, the means to accomplish such goals, the nature of the occupants to be served, operating methods and procedures and other aspects appropriate to the program. Program statements shall include specific elements both qualitative and quantitative against which actual operations will subsequently be evaluated.

Failure to maintain elements specified in the program statement shall be grounds for invoking the suspension procedures of Section 13-211 of this Division.

In the event of a proposed significant change in the program, the responsible person shall notify the Commission of the proposed amendment to the program statement not less than thirty (30) days before inaugurating the change. The Commission shall acknowledge each notification within two (2) weeks and advise the responsible person of any actions required.

A Group Residential Facility certificate shall be issued for a Group Residential Facility that is, or promises to be, effective in terms of achieving the objectives of its program statement.

In determining the effectiveness of a Group Residential Facility program, consideration shall be given but not limited to:

At least three (3) months prior to the expiration of a Group Residential Facility certification and an application for a renewal of the certificate, whichever event occurs first, the history of operations of each Group Residential Facility shall be evaluated for effectiveness against the goals, objectives, policies and procedures set forth in the program statement.

The evaluation shall be inaugurated by the Commission. Such evaluation shall be accomplished by a team consisting of the Commission, members of the Citizens Advisory Boards and one representative of the certified facility under evaluation. A written record of the conclusions, recommendations, and minority opinions of the evaluation team shall be made and shall be publicly available.

The privacy of the residents of the Group Residential Facility shall not be violated by the evaluation team nor by the written conclusions of the team. The evaluation shall not include the identity and history of individual residents.

The grantee with the confirmation of the Commission and at least sixty (60) days after the certificate is granted shall appoint a three (3) member Citizens Advisory Board from among the residents in the surrounding neighborhood of the Group Residential Facility.

The grantee shall hold monthly meetings with the Citizen's Advisory Board, making readily and openly available a progress report of the implementation of the overall Group Residential Care Program. The grantee shall encourage and assist the Citizens Advisory Board members in developing broad community support for the Group Residential Facility and its functions.

The following words and phrases shall have the meanings indicated:

All sidewalks, steps, driveways, parking spaces, loading docks, service areas, and similar paved areas for public use shall be kept in a proper state of repair and maintained free of hazardous conditions and shall be maintained free of garbage and rubbish.

The owner shall provide and maintain receptacle(s) for garbage and rubbish in the public areas of the property. The owner shall remove all garbage and rubbish from both the paved and unpaved public areas and empty the receptacle into an approved container in accordance with Section 13-234.

Every exterior surface, wall, and foundation shall be free of holes, breaks, loose or rotting boards, timbers, or other materials, and any conditions which might admit rain or dampness to the interior portions of the walls. All exterior surface materials, including wood, composition, cinder block, or metal siding, shall be maintained in a weather-proof condition, properly surface-coated, and free of graffiti.

It shall be unlawful for a person to apply graffiti to any natural or artificial surface on publicly-owned property or to any natural or artificial surface of privately-owned property without the prior authorization and consent of the owner of the property.

The owner of property upon which graffiti has been applied shall remove the graffiti within ten calendar days after it was applied. If the owner fails to remove the graffiti, the Director may issue a notice of violation in accordance with Section 13-244. If the owner fails to remove the graffiti within 7 calendar days after receipt of a notice of violation and has not filed an appeal of the violation, the Director shall cause the graffiti to be removed. The owner shall pay the actual costs of removal to the County within thirty days after receipt of an itemized invoice from the County.

Canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements against decay and rust by the periodic application of a weather-resistant material such as paint or other protective treatment.

Any structure, post, or foundation which was constructed, erected, or maintained for the purpose of supporting or displaying, or which was used for support or display of any on-site sign, but which has not been used for such support or display for a period of ninety (90) consecutive days is prohibited and must be removed.

Framing lights, whether static or flashing, internal or external, fully or partially framing windows or doors, is prohibited for commercial use. Notwithstanding the fines set forth in Section 13-246 of the County Code, any person who fails to comply with the remedial action set forth in a notice of violation of this Subsection shall be subject to the following monetary fines:

Whenever the Director shall determine that a provision of this Division has been violated, the Director shall serve notice of the violation upon the owner or other responsible party by sending a copy of the notice by mail to the last known address, or, if the notice is returned showing that it has not been delivered to the last known address by posting a copy in a conspicuous place in or about the subject property in violation.

The notice shall be in writing; shall include a description of the property sufficient for identification; shall specify the violation that exists and the remedial action required; and shall allow a reasonable time for the performance of any act it requires.

Except as provided in this Section, an owner may appeal a notice of violation or a decision of the Director with respect to any provision of this Division by filing an appeal with the Administrative Hearing Unit established by Division 15 of this Subtitle within fifteen (15) calendar days or within the period required for compliance, whichever is shorter. The appeal shall state in detail the reasons for the appeal. The Administrative Hearing Unit shall hold a hearing upon the appeal and the proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director.

The decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days after the hearing is concluded. The Administrative Hearing Unit shall not have jurisdiction to grant a variance from, extend the time of performance, or waive any requirement of Section 13-246.01, except upon a finding that litigation is pending in the courts and is being actively pursued. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit.

Any party aggrieved by the decision of the Administrative Hearing Unit with respect to this Division may appeal such decisions to the Circuit Court for Prince George's County, Maryland, pursuant to the rules governing appeals from administrative agencies. All appeals shall be on the record. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.

In the event that an owner does not comply with the remedial action set forth in a notice of violation within the time period provided (including any period allowed by appeal), and upon verification by the Director or the Director's designee that the violation still exists, the Director or the Director's designee may issue upon the responsible parties

The responsible person as defined in Section 13-232 issued the civil or administrative citation shall be subject to a monetary fine of One Thousand Dollars ($1,000.00) for each violation.

Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine in the same dollar amount as the repeat citation(s).

In addition, a lien shall be placed on the property pursuant to Section 13-246.02, which shall be paid in full before transfer or sale of the property, for monies expended by the County for demolition, repair or enclosure of a building or removal of garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials where the responsible party refuses or fails to comply with the lawful order of the County.

In addition, any person who violates or fails to comply with any provision of this Division shall, upon conviction, be guilty of a misdemeanor and subject to a fine not to exceed the doubling of the total sum of all fines associated with citations issued to the person pursuant to this Section or imprisonment not to exceed ninety (90) days, or both.

In addition to the other remedies provided herein, the County Attorney, on behalf of the County, may institute an injunction, mandamus, or other appropriate action or proceeding to enforce the provisions of this Division.

The Police Department shall be authorized to issue a criminal citation or a civil citation pursuant to Subtitle 28, Division 3.

The Revenue Authority shall be authorized to issue a civil citation pursuant to Section 28-266.

If the Director determines that a structure is open and vacant, constitutes a public nuisance, and is an immediate and continuing hazard to the community in which the property is located, then the Director shall be authorized to post a notice of not less than two feet by two feet in size on the front of the structure. The notice shall be dated as of the date of the posting and shall state that unless the structure is demolished, repaired, or enclosed, and unless any garbage, refuse, and other hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the structure may be demolished, repaired, or enclosed, or any garbage, refuse, and other hazardous, noxious, or unhealthy substances or materials may be removed by the County.

Not later than 30 days following the posting of the notice, the Director shall do all of the following:

A person objecting to the proposed actions of the County may file his or her objection in an appropriate form in a court of competent jurisdiction.

If the structure is not demolished, repaired, or enclosed, or the garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials are not removed within 30 days of mailing the notice to the owners of record, or within 30 days of the last day of publication of the notice, whichever is later, the Director shall have the power to demolish, repair, or enclose the structures, or to remove any garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials.

The County may proceed to demolish, repair, or enclose a structure or remove any garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials under this Section within a 120-day period following the date of the mailing of the notice if the Director determines that the demolition, repair, enclosure, or removal of any garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, however, before the Director proceeds with any of the actions authorized by this Section, any person has initiated an action under this Section in a court of competent jurisdiction and has served a copy of the complaint on the County, then the County shall not proceed with the demolition, repair, enclosure, or removal of garbage, refuse, or other substances until the court determines that action is necessary to remedy the hazard and issues an order authorizing the County to do so.

The Administrative Hearing Unit shall not have jurisdiction to grant a variance or waive this Section except upon a finding that litigation is pending in the courts and is being actively pursued.

There is created a tax lien on real property for monies expended by the County for the demolition, repair, or enclosure of a building, or removal of garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials where the responsible party refuses or fails to comply with the lawful order of the Director after due notice thereof, either actual or constructive or as provided in this Division.

Following the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this Division, the County may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, with the Director of Finance. The notice of lien shall consist of a sworn statement by the Director setting forth:

Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.

For the purposes of this Division, the following words and phrase shall have the following meanings indicated:

In Prince George's County Council, no person may:

A person aggrieved by an alleged violation of this Division may file a written complaint (including in electronic format) with the County.

If the County issues a notice of violation to a property owner for growing bamboo in violation of 13-246.04, the property owner shall commence appropriate containment measures within six (6) months and shall complete the containment measures within twenty-four (24) months. Upon demonstration of appropriate containment measures or removal, the property owner may request a one-time six (6) month extension for completion.

Any individual(s) or property owner found in violation of this Division shall be subject to a civil fine of $500.00 for the first violation and $1,000 for each subsequent violation.

An individual(s) or property owner found in violation of this Division shall be required to mitigate any damage caused by invasive bamboo on their property that spreads to an adjoining property. Mitigation shall include, but not limited to, the cost of any running bamboo that grows beyond the boundaries of an individual's property.

Eligibility Developments. The Moderately Priced Development Unit Program shall be open to any applicant who: