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
Building, Fire, and Related Codes - Enforcement
FOR the purpose of authorizing the issuance of prepayable environmental citations to enforce certain violations of the Building, Fire, and Related Codes Article; revising the manner in which a stop-work order is to be issued; requiring the removal from construction sites and from abutting sidewalks, gutters, and alleys, of accumulated trash, garbage, waste, and debris and of nuisances; making the registered owner of a vehicle responsible for certain parking, keeping, and storing violations; and generally relating to the enforcement of the Building, Fire, and Related Codes Article.
Body
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(5a) and (6a)
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section(s) 2-103 (BC §§ 114.2, 123.8, and 3302, and PMC § 305.5)
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 Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40 14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(5a) Building, Fire, and Related Codes –
Building Code
§ 113.14. Work without permit $500
§ 114.3. STOP-WORK ORDER: UNLAWFUL CONTINUANCE $500
§ 123.8. FAILURE TO COMPLY WITH NOTICE
CONDEMNATION PROCEEDINGS {§ 120} $500
UNSAFE STRUCTURES {§ 115} $500
ALL OTHER NOTICES (EXCLUDING CITATIONS) $250
§ 3302.3 CONSTRUCTION SAFEGUARDS: WASTE AND DEBRIS $250
(6a) Building, Fire, and Related Codes –
Property Maintenance Code
[§§ 305 - 308. Sanitary maintenance]
CHAPTER 3. GENERAL REQUIREMENTS
§ 305.5.1. MOTOR VEHICLES AND TRAILERS: REGISTERED OWNER
RESPONSIBLE $150
ALL OTHER PROVISIONS
Residential properties $ 50
Commercial properties $100
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 114 Stop Work Order
114.2 Issuance. The stop-work order must be in writing AND STATE THE REASON FOR THE ORDER. It must be [sent by first class and certified mail to the owner of the property involved, and hand delivered to the owner’s agent or to the person doing the work. A copy of the stop-work order must be] posted on the property. On posting [of the stop-work order], the cited work must immediately cease. [The stop-work order must state the reason for the order.] WRITTEN NOTICE OF THE STOP-WORK ORDER MUST BE SENT BY FIRST CLASS AND CERTIFIED MAIL TO THE OWNER OF THE PROPERTY INVOLVED.
Section 123 Notices
123.8 Failure to comply with notice or citation. If any person fails to comply with a violation notice, condemnation notice, or citation, the Building Official:
1. MAY ENFORCE THE VIOLATION NOTICE OR CONDEMNATION NOTICE BY ISSUANCE OF AN ENVIRONMENTAL CITATION AS AUTHORIZED BY CITY CODE ARTICLE 1, SUBTITLE 40 {“ENVIRONMENTAL CONTROL BOARD”},
2. [1.] may take whatever OTHER action is necessary and proper, including the institution of legal proceedings, to compel compliance with the VIOLATION notice, CONDEMNATION NOTICE, or citation or to enforce the penalty provisions of this Code, and
3. [2.] subject to the notice requirements of § 123.8.1, may proceed to repair, rebuild, demolish, or take any other action necessary to eliminate, in whole or in part, or make safe any nuisance, blight, health hazard, or dangerous, insanitary, or unsafe condition that is the subject of the violation notice, condemnation notice, or citation.
Chapter 33. Safeguards During Construction
Section 3302 Construction Safeguards [{As in IBC}]
3302.1 Remodeling and additions. Required exits, existing structural elements, fire protection devices, and sanitary safeguards [shall] MUST be maintained at all times during remodeling, alterations, repairs, or additions to any building or structure.
Exceptions:
1. When [such] THESE required elements or devices are THEMSELVES being remodeled, altered, or repaired, adequate substitute provisions [shall] MUST be made.
2. [When] THESE REQUIREMENTS DO NOT APPLY IF the existing building is not occupied.
3302.2 [Manner of removal.] WASTE AND DEBRIS. ALL SITES FOR NEW CONSTRUCTION OR FOR REMODELING, ALTERATIONS, REPAIRS, OR ADDITIONS, AND ALL ABUTTING SIDEWALKS, GUTTERS, AND ALLEYS, MUST BE PROPERLY MAINTAINED AND KEPT FREE OF ACCUMULATED TRASH, GARBAGE, WASTE, OR DEBRIS, INCLUDING CONSTRUCTION WASTE OR DEBRIS, AND OF ANY OBJECT OR CONDITION THAT CONSTITUTES A NUISANCE. [Waste materials shall be removed] REMOVAL OF ALL TRASH, GARBAGE, WASTE, AND DEBRIS MUST BE DONE in a manner [which] THAT prevents injury or damage to persons, adjoining properties, and public rights-of-way.
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 305 Exterior Sanitary Maintenance – General
305.5 Motor vehicles and trailers. Except only as otherwise expressly authorized by law, the following rules apply to all motor vehicles and trailers.
1. No motor vehicle or trailer may be parked, kept, or stored, whether or not covered, on any exterior premises if:
a. it is inoperative, unregistered, or fails to display current registration tags, or
b. it is in a state of disassembly or disrepair or in the process of being stripped or dismantled.
2. A motor vehicle or trailer may be parked, kept, or stored only on a dustless all-weather surface constructed and maintained in accordance with the Building Code and Zoning Code of Baltimore City.
3. Painting a motor vehicle or trailer is prohibited unless conducted inside an approved spray booth.
Exception: On premises with a proper use permit, a vehicle may undergo overhaul, including body work, if that work is performed inside a structure or similarly enclosed area designed and approved for that purpose.
305.5.1 REGISTERED OWNER RESPONSIBLE. FOR A MOTOR VEHICLE OR TRAILER PARKED, KEPT, OR STORED IN VIOLATION OF § 305.5(1) OR (2), THE REGISTERED OWNER OF THE MOTOR VEHICLE OR TRAILER IS RESPONSIBLE FOR THE VIOLATION, JOINTLY AND SEVERALLY WITH THE PROPERTY OWNER.
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 30th day after the date it is enacted.
dlr09-641(2)~intro/18Mar09
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dlr09-641(2)~intro/18Mar09
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