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Middletown City Zoning Code

CHAPTER 17

43 - Licensing and Inspection of Rental Dwellings

17.43.010 - Rental license.

A. It shall be unlawful for any property owner to rent or lease any dwelling, dwelling unit or portion of a dwelling within the town, including multiple-family dwelling units, without first obtaining a license to do so from the town and includes:

1.

Dwelling or dwelling unit(s) occupied by any person other than the property owner in exchange for any compensation or monetary remuneration;

2.

Short-term rentals (thirty (30) days or less) and long-term rentals (thirty-one (31) days or more);

3.

In addition to a rental license, property owners must also comply with Chapter 17.16 residential districts and Chapter 17.20.010 TC town commercial district of the Middletown Municipal Code.

B.

Resident Agent. If no owner of record resides at the property address or within fifty (50) miles of the property, the owner(s) of record shall designate on the rental housing application for the rental license the name, address, and telephone number of a local agent residing within 50 miles of the town who is authorized by the property owner(s) to receive notices, telephone calls in the event of an emergency, and correspondence regarding violations pertaining to the property, other than citations or other legal process. The property owners shall ensure that the information required by this subsection is current at all times.

C.

License Application. The owner of record of a rental dwelling shall make a written application to the town for a rental unit license on or before July 1, 2025, on the rental housing license application.

1.

Such application shall be submitted to the town together with a nonrefundable rental license fee as established by the burgess and commissioners.

2.

A person who initially rents or leases any rental dwelling after July 1, 2025, shall make a written application to the town for a rental unit license prior to allowing such property to be occupied by a tenant.

D.

Length of Validity of License; Fees.

1.

Rental unit licenses are valid for one year from the date of approval by the zoning administrator. The license fee is listed in the town's schedule of fees.

2.

The town will send out renewal applications on an annual basis.

3.

Owners who fail to obtain or renew a rental unit license will have late fees as listed in the town's schedule of fees.

(Ord. No. 24-12-01, § VI, 1-13-2025)

17.43.020. - Inspections.

A.

All Rental Dwellings shall be Subject to Inspection. Inspections are made on a complaint basis and complaints are referred to Frederick County's housing and community development department. Frederick County has a minimum livability code for renters and was adopted to protect the health, safety, and welfare in residential rental structures. Details about inspections and Frederick County's minimum livability code for renters can be found in Frederick County's Ordinance No. 93-18-082.

(Ord. No. 24-12-01, § VI, 1-13-2025)

17.43.030. - Revocation or denial of license/injunction.

A.

A license may be revoked or denied by the town administrator or their designee if the property owner, after notice from the town, fails to correct violations of the town code, frederick county building code and/or frederick county's minimum livability code for renters.

B.

A license also may be revoked or denied if the town determines that the applicant (property owner or the property owner's designee) for the license provided false or misleading information in his/her application.

C.

A license may be revoked if a rental property or unit is deemed to meet the definition of a "nuisance rental property."

D.

If a license is revoked or denied, the owner of the property in question shall immediately provide tenants notice that they must vacate the property within 90 days of the notice and any security deposit shall be returned to the tenants in accordance with the real property article of the annotated code of maryland.

E.

Denied or revoked licenses may be appealed to the middletown board of appeals.

F.

Display of Licenses. Licenses issued under this section shall be produced by a landlord on the demand of a tenant or prospective tenant and shall be available at reasonable times for examination by an authorized agent of the town.

(Ord. No. 24-12-01, § VI, 1-13-2025)

17.43.040. - Violations of this chapter.

A.

Whenever the town administrator or their designee determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:

1.

Be in writing.

2.

Include a statement of the reason(s) it has been issued.

3.

Include a statement of the remedial action necessary to effect compliance with the provisions of this chapter and the time frame within which such action(s) must be taken.

4.

Allow a reasonable time for the performance of any act it requires.

5.

State that the violation must be fully corrected within the time frame stated therein, and state that, in the event that the owner and/or occupant, as the case may be, fails to do so within the time frame provided, a citation shall be delivered to him/her in accordance with the provisions of the town code advising him/her of the imposition of a fine.

6.

Contain a statement that the notice constitutes the only notice the person will receive regarding a violation of the applicable section for the twelve-month period following the date that the notice is issued and that a citation shall be issued immediately for any repeat violation during that twelve-month period.

7.

Be served upon the owner or his/her agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon such person personally, or if a copy thereof is sent by regular mail to his/her last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if the owner and/or occupant, as the case may be, is served with such notice by any other method authorized or required under the laws of this state.

8.

Violations of this chapter are municipal infractions subject to the fines and penalties set forth in Chapter 17 of the Middletown Municipal Code.

B.

Complaints.

1.

All complaints related to violations of this ordinace should be submitted on a resident complaint form.

2.

All complaints related to the county's livabilty code for renters should be forwarded to the housing inspector in the county's Housing & Community Development Division.

3.

All complaints related to violations of Maryland's "Tenants Bill of Rights" should be forwarded to maryland's office of tenant and landlord affairs.

(Ord. No. 24-12-01, § VI, 1-13-2025)