§ 35-5-206. RESPONSIBILITIES FOR COMPLIANCE.

(a)

Scope.

(1)

Except as provided under this subtitle, only the property owner is responsible for compliance with the provisions of this subtitle and may be cited for violations of the subtitle.

(2)

Except as provided under this subtitle, the Code Official may not cite a property owner for a violation of this subtitle that is caused by the negligent, wrongful, or malicious acts or omissions of a tenant, provided the property owner's own acts or omissions have not contributed in any way to cause the violation.

(b)

In general. A property owner may not rent or lease a housing unit to another person for occupancy or use unless the structure and premises comply with the provisions of this subtitle.

(c)

Duty of tenant to maintain sanitary condition. The tenant shall:

(1)

Keep the part of the structure or premises that the tenant occupies, controls, or uses in a clean and sanitary condition;

(2)

Store and dispose of rubbish and garbage in a clean and sanitary manner as required by law;

(3)

Keep owner-supplied equipment and fixtures clean and sanitary and exercise reasonable care in using and operating the equipment; and

(4)

Properly install and maintain equipment and fixtures that are furnished by the tenant and keep the equipment and fixtures in good working condition, clean and sanitary, and free of defects, leaks, or obstructions.

(d)

Equipment and fixtures in common areas.

(1)

A property owner of a structure containing two or more housing units shall maintain the common areas of the structures and premises in a clean and sanitary condition.

(2)

A property owner shall maintain the equipment and fixtures supplied by the property owner in good and proper operating condition.

(e)

Extermination.

(1)

If necessary, the property owner shall undertake any extermination within the structure and on the premises before renting or leasing the structure.

(2)

The tenant of a structure containing a single housing unit is responsible for the extermination of any insects, rodents, or other pests in the structure or on the premises.

(3)

A property owner or operator of a structure containing two or more housing units shall exterminate any insects, rodents, or other pests in the structure or on the premises, except where infestation within a housing unit is caused by a failure of the tenant to take reasonable action to prevent the infestation within the housing unit.

(f)

Citation.

(1)

The Code Official may cite a tenant for a violation of the provisions of this section that are the tenant's responsibility.

(2)

The Code Official may cite a tenant or a proprietary owner or both for a violation of subsection (c)(2).

(3)

If the tenant or property owner fails to comply with the citation, the Code Official may impose a civil penalty of $200 per day for each day that the violation exists.

(1988 Code, § 18-74) (Bill No. 46-96, § 3, 1-1-1997; Bill No. 25-01, § 2, 7-1-2004; Bill No. 124-05, § 1, 1-7-2006)