Article VII.Codes Enforcement

§ 2-26.1 Codes Enforcement Establishment.


The office of Town of Easton Code Enforcement is hereby established and the official in charge thereof shall be known as the Code Official. (Ordinance 559 effective 10/13/2009)

§ 2-26.1.1 Code Official.


The Code Official is hereby authorized to act as the enforcement officer with regard to all ordinances of the Town of Easton other than criminal ordinances. The Code Official may designate; one or more assistants as Code Enforcement Officers, one such person as the Codes Administrator and one such person as the Codes Assistant of the Town of Easton. Such persons shall have duties and powers as delegated by the Code Official. (Ordinance 559 effective 10/13/2009, historical reference 310)

§ 2-26.1.2 Law Enforcement Officers.


The sworn law enforcement officers of the Easton Police Department are hereby authorized to enforce any non-criminal ordinance of the Town of Easton when requested to do so by the Code Official or any other assistant designated by the Code Official to act as an enforcement officer or administrator. (Ordinance 559 effective 10/13/2009, historical reference 310 & 16)

§ 2-26.1.3 Other Powers not affected.


The provisions of this section shall not affect the authority of members of the Easton Police Department to enforce state or local criminal laws or ordinances. (Ordinance 559 effective 10/13/2009, historical reference 310)

§ 2-26.2 Code Enforcement Board of Appeals


§ 2-26.2.1 General.


Any person directly affected by a decision of the Code Official or a notice or order issued by the Code Official shall have the right to appeal to the Easton Board of Zoning Appeals under the provisions set forth in Chapter 28 Zoning of the Code of the Town of Easton, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served (Ordinance 559 effective 10/13/2009, historical reference 86, 115, 238, 325, 405 & 448)

§ 2-26.2.2  Application for appeal.


An application for appeal shall be based on a claim that the true intent of the codes or the rules legally adopted thereunder have been incorrectly interpreted or do not fully apply. (Ordinance 627 effective October 7th 2012, historical reference 86, 448, and 559).

§ 2-26.2.2.1 Waiver authority.


Except as set forth in § 11-6.4.3 of the Easton Town Code, the board shall have no authority to waive requirements of the codes. (Ordinance 627 effective October 7th 2012, historical reference 86, 448, and 559).

§ 2-26.2.3 Board.


All provisions governing the Board of Appeals with respect to members, provisions for alternates, quorum, procedure, chairman, term of office, etc. shall be applicable to appeals of the Building Codes.. (Ordinance 559 effective 10/13/2009, historical reference 448)

§ 2-26.2.4 Administration.


The Code Official shall take immediate action in accordance with the decision of the Easton Board of Zoning Appeals. (Ordinance 559 effective 10/13/2009, historical reference 448)

§ 2-26.3 Code Enforcement Division.


§ 2-26.3.1 Establishment.


The division of Building Inspection is here by established under the office of Town of Easton Code Enforcement and the official in charge thereof shall be the Code Official hereafter cited as official. (Ordinance 559 effective 10/13/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.3.2 Designation of Division Staff.


The official shall have the authority to designate; one or more assistants as Technical; Examiners or Inspectors and one such person as the Building Codes Administrator of the Town of Easton. Such persons shall have duties and powers as delegated by the official. (Ordinance 559 effective 10/13/2009, historical reference 16, 115, 238, 325, 405 & 448)

§ 2-26.4 Duties and Powers of the Code Official.


§ 2-26.4.1 General.


The official is hereby authorized and directed to enforce the provisions of the Town of Easton Code exclusive of criminal codes, hereafter cited as codes. The official shall have the authority to render interpretations of those codes and to adopt policies and procedures in order to clarify the application of those provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of those codes. Such policies and procedures shall not have the effect of waiving requirement specifically provided for in those codes. (Ordinance 559 effective 10/13/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.4.2 Applications and permits.


The official shall receive applications, review construction documents and issue permits; for the erection, alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of those codes. (Ordinance 559 effective 10/13/2009, historical reference 16, 115, 238, 325, 405 & 448)

§ 2-26.4.3 Notices and orders.


The official shall issue all necessary notices or orders to ensure compliance with those codes. (Ordinance 559 effective 10/13/2009, historical reference 16, 115, 238, 325, 405 & 448)

§ 2-26.4.4 Inspections.


The official shall make all of the required inspections, or the official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. (Ordinance 559 effective 10/13/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.4.5 Identification.

The official shall carry proper identification when inspecting structures or premises in the performance of duties under those codes. (Ordinance 559 effective 10/13/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.4.6 Right of entry.


Where it is necessary to make an inspection to enforce the provisions of those codes, or where the official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of those codes which makes the structure or premises unsafe, dangerous, or hazardous, the official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by those codes. The official may not enter any building or structure without the permission from the owner or occupant except pursuant to a warrant issued by a Court of Maryland and accompanied by a police officer who shall serve and execute the warrant. (Ordinance 559 effective 10/13/2009, historical reference 16 & 448)

§ 2-26.4.7 Department records.

The official shall keep records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the records for the period required for retention of public records. (Ordinance 559 effective 10/13/2009, historical reference 16, 115, 238, 325, 405 & 448)

§ 2-26.4.8 Liability.


The official charged with the enforcement of those codes or other pertinent law or codes, while acting for the Town of Easton in good faith and without malice in the discharge of the duties required by those codes or other pertinent law or codes, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an official because of an act performed by that official in the lawful discharge of duties and under provisions of those codes or other pertinent law or codes shall be defended by legal representative of the Town of Easton until the final termination of the proceedings. The official shall not be liable for the cost in any action, suit or proceeding that is instituted in pursuance of the provisions of those codes or other pertinent law or codes. (Ordinance 559 effective 10/13/2009, historical reference 115, 238 & 448)

§ 2-26.4.9 Approved materials and equipment.


Materials, equipment, and devices approved by the official shall be constructed and installed in accordance with such approval. (Ordinance 559 effective 10/13/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.4.9.1 Used materials and equipment.


The use of used materials which meet the requirements of those codes for new materials is permitted. Used equipment and devices shall not be reused unless approved by the official. (Ordinance 559 effective 10/131/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.4.10 Modifications.


Wherever there are practical difficulties involved in carrying out the provisions of those codes, the official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the official shall first find that special individual reason makes the strict letter of those codes impractical and the modification is in compliance with the intent and purpose of those codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division. (Ordinance 559 effective 10/13/2009, historical reference 16, 115, 238, 325, 405 & 448)

§ 2-26.4.11 Alternative materials, design and methods of construction and equipment.


The provisions of those codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by those codes, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the official finds that the proposed design is satisfactory and complies with the intent of the provisions of those codes, and that the material, method or work offered is for the purpose intended, at least the equivalent of that prescribed by those codes in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with the specific performance-based provisions in lieu of specific requirements of those codes shall also be permitted as an alternate. (Ordinance 559 effective 10/13/2009, historical reference 115, 238, 325, 405 & 448)

§ 2-26.4.11.1 Tests.


Whenever there is insufficient evidence of compliance with the provisions of those codes, or evidence that a material or method does not conform to the requirements of those codes, or in order to substantiate claims for alternative materials or methods, the official shall have the authority to require tests as evidence of compliance to be made at no expense to the Town of Easton. Test methods shall be as specified in those codes or by other recognized test standards. In the absence of recognized and accepted test methods, the official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the official for the period required for retention of public records. (Ordinance 559 effective 10/13/2009, historical reference 16, 115, 238, 325, 405 & 448)