Section 301. General

301.1 Scope.

This Chapter governs the minimum requirements and the responsibilities of persons for repair and maintenance of structures, equipment, and premises.

301.2 Responsibility.

301.2.1 Owners and operators.

Except as otherwise specifically provided, the owner and the operator of any premises are responsible for maintaining all structures and exterior property areas in compliance with all requirements of this Chapter.

301.2.2 Occupants – In general.

The occupant of any premises:

1. must give the owner and the owner's agents access to the premises, at all reasonable times, for the purpose of inspecting and making repairs or alterations as necessary to effect compliance with this Code or with any lawful rule or regulation adopted or order issued under this Code,

2. may not obstruct any required means of egress,

3. may not store flammable liquids or gas or unsafe quantities of combustible materials,

4. if in control of the heating facilities, must maintain a sufficiently high temperature in all parts of the unit to prevent damage to the plumbing system, and

5. is responsible for:

a. keeping in a clean and sanitary condition the occupant's unit and any other part of the premises that the occupant occupies or controls, and

b. otherwise complying with the requirements specified in § 308 {"Occupants' Sanitary Responsibility"} of this Chapter.

301.2.3 Occupants – Vandalism.

The occupant of a non-owner occupied dwelling may not destroy, deface, damage, impair, or carry away, nor permit any other person on the premises to destroy, deface, damage, impair, or carry away any of the facilities, equipment, appurtenances, or any part of the structure of the dwelling.

301.3 Vacant structures and land.

All vacant structures and their premises and all vacant land must be maintained in a clean, sanitary, and safe condition, as provided in this Code.

301.4 Lead-based paint.

Lead-paint hazards must be abated in accordance with:

1. the rules and regulations of:

a. the Maryland Department of the Environment; and

b. the Baltimore City Health Department; and

2. the Department of Public Works' requirements governing discharges into the storm water system.

301.4.1 Unoccupied dwelling unit – Scope.

These provisions apply to any dwelling unit that:

1. is the subject of a notice or order for the treatment of lead paint, and

2. becomes unoccupied either:

a. before the notice or order is served, or

b. while the notice or order is still outstanding.

301.4.2 Unoccupied dwelling unit – Posting property.

If a dwelling unit is or becomes unoccupied, the Health Commissioner immediately must post 1 or more public notices in, on, or around the dwelling unit stating that the dwelling unit may not be reoccupied until the lead paint notice or order has been abated.

301.4.3 Unoccupied dwelling unit – Reoccupancy prohibited.

If a dwelling unit is or becomes unoccupied, the dwelling unit may not be reoccupied until:

1. the lead paint notice or order has been abated, and

2. the Health Commissioner has given written approval of reoccupancy.

301.4.4 Unoccupied dwelling unit – Removing notice, etc., prohibited.

Until the Health Commissioner has give written approval of reoccupancy, no person may remove, deface, or otherwise tamper with any notice that has been posted under this section.

301.4.5 Unoccupied dwelling unit – Unauthorized reoccupancy.

If a dwelling unit is reoccupied in violation of this section:

1. each day that an unauthorized occupancy continues is a separate offense, and

2. the owner, operator, and unauthorized occupant of the unit are subject to the following penalties:

a. in a criminal prosecution, a criminal fine of up to $500 for each offense, and

b. in an action seeking equitable relief, a civil fine of up to $500 for each offense.