EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Department of Housing and Community Development)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Sanitary Maintenance - Responsibility
FOR the purpose of specifying certain situations in which owners are primarily responsible for exterior sanitary maintenance; generally relating to the allocation of responsibility for sanitary maintenance between tenants and owners; and providing for a special effective date.
Body
BY repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section(s) 2-103 (IBC § 113.21.2) and 7-102 (IPMC § 307.2)
Baltimore City Revised Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Building, Fire, and Related Codes
Part II. International Building Code
§ 2-103. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 1. Administration
Section 113 Violations
113.21.2 Secondary liability for sanitary maintenance. If, after a notice, order, or citation, a tenant fails to correct a violation of Property Maintenance Code § 304 {"Exterior sanitary maintenance - General"} or § 305 {"Exterior sanitary maintenance - Trash, garbage, and debris"} for which occupants are responsible under Property Maintenance Code § 307 {"Occupant's sanitary responsibilities"}, the owner and operator of the property are secondarily liable.
113.21.2.1 EXCEPTIONS - RESIDENTIAL PROPERTY REGISTRATION. THE OWNER OF A PROPERTY IS PRIMARILY RESPONSIBLE FOR EXTERIOR SANITARY MAINTENANCE IF:
1. THE OWNER FAILS TO REGISTER OR LICENSE THE PROPERTY AS REQUIRED BY CITY CODE ARTICLE 13, SUBTITLE 4 {"NON-OWNER-OCCUPIED DWELLINGS"} OR SUBTITLE 5 {"LICENSING OF MULTI-FAMILY DWELLINGS"}, OR
2. REASONABLE ATTEMPTS AT TELEPHONE CONTACT, USING INFORMATION IN A CURRENT REGISTRATION STATEMENT, DO NOT LEAD WITHIN 2 BUSINESS DAYS TO CURRENT OCCUPANT INFORMATION.
113.21.2.2 EXCEPTIONS - THIRD ENVIRONMENTAL CITATION. THE OWNER OF A PROPERTY IS RESPONSIBLE FOR EXTERIOR SANITARY MAINTENANCE IF, WITHIN A 12-MONTH PERIOD, TWO OR MORE ENVIRONMENTAL CITATIONS WERE ISSUED UNDER CITY CODE ARTICLE 1, SUBTITLE 40, FOR VIOLATIONS OF THIS CODE THAT WERE THE PRIMARY RESPONSIBILITY OF AN OCCUPANT, AND AN OCCUPANT CREATES OR ALLOWS A CONDITION TO EXIST IN VIOLATION OF THIS CODE. NOTIFICATION OF EACH VIOLATION AND CITATION MUST BE SENT TO THE OWNER BY REGULAR MAIL.
113.21.2.3 [113.21.2.1] Notice to owner, operator. Before an owner or operator may be charged under this § 113.21.2, he or she must be served with A violation notice under § 123.4.
113.21.2.5 [113.21.2.2] Recovery of expenses. If an owner or operator incurs expenses in correcting the violation, the owner or operator:
(1) may recover those expenses from the tenant as rent, and
(2) has all the rights and remedies available under the law for nonpayment.
Part VII. International Property Maintenance Code
§ 7-102. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 3. General Requirements
Section 307 Occupants' sanitary responsibilities.
307.2 Exteriors. An occupant of a single-unit building and an occupant of a unit with exclusive use of an exterior property area must maintain the exterior areas, including abutting sidewalks, gutters, and alleys, in compliance with §§ 304 and 305 of this Chapter.
307.2.1 EXCEPTION - RESIDENTIAL PROPERTY REGISTRATION. THE OWNER OF A PROPERTY IS RESPONSIBLE FOR EXTERIOR SANITARY MAINTENANCE UNDER ANY OF THE CIRCUMSTANCES DESCRIBED IN BUILDING CODE § 113.21.2 {"RESIDENTIAL PROPERTY REGISTRATION"}.
307.2.2 EXCEPTION - THIRD ENVIRONMENTAL CITATION. THE OWNER OF A PROPERTY IS RESPONSIBLE FOR EXTERIOR SANITARY MAINTENANCE UNDER THE CIRCUMSTANCES DESCRIBED IN BUILDING CODE § 113.21.3 {"THIRD ENVIRONMENTAL CITATION"}.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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