Whenever the Housing Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in this article. A copy of this notice of violation shall also be given to the Department of Planning, Zoning and Community Development to be filed among their records. Notices for demolition procedures shall comply with § 160-20.
A.
Any notice or order required by this chapter shall be
deemed to have been served when served by the following methods:
(1)
When forwarded to the last known address of the owner
as recorded in the real estate assessment records of Wicomico County, by certified
mail with return receipt, and such receipt shall constitute prima facie evidence
of service upon such owner if such receipt is signed either by the owner or
his agent.
(2)
Hand delivered to the person to be notified, provided,
that valid service upon the owner shall be deemed effected if such notice
shall be refused by the owner and not delivered for that reason; or
(3)
Left at the usual residence or place of business of the
person to be notified with the person's agent or a resident of suitable
age and discretion.
B.
In the event service cannot be effected as provided in Subsection A above, service may be accomplished by publication of the notice or order for three consecutive days in a daily newspaper of general circulation in Wicomico County, Maryland, and posting a copy of the same on the subject property.
Such notice prescribed in § 160-13 shall:
A.
Be in writing;
B.
Include a description of the real estate sufficient for
identification;
C.
Include a statement of the reason(s) why the notice is
being issued, including a brief and concise description of the conditions
the Housing Official found to have been in violation, and a citation to the
applicable section of this chapter and, if applicable, the reasons for declaring
an emergency situation;
D.
Include a reasonable time after service of the notice
and order in which time the repairs and improvements required to bring the
premises into compliance with this Code shall be effected.
E.
Include a statement of the action required to be taken.
(1)
If the Housing Official has determined that the building
or structure must be repaired, the order shall require that all required permits
be secured and the work physically started within a specified time, not to
exceed 30 days from the date of the order. The Housing Official may require
the work be completed within such time as he may determine is reasonable under
all the circumstances and may include the compliance date in the original
notice. If no compliance date is provided in the original notice, the Housing
Official shall supplement notice, in writing to the individual to whom initial
notice was given, of the required compliance date when one has been determined.
(2)
If the Housing Official has determined that the building
or structure must be vacated, the order shall require that the building or
structure shall be vacated within a specified time from the date of the order
as determined by the Housing Official to be reasonable.
(3)
If the Housing Official has determined that the building
or structure must be demolished, the order shall require that the building
be vacated within such time as the Housing Official shall determine is reasonable.
All permits which must be obtained by the owner in order to comply with the
order of the Housing Official must be secured within 30 days from the date
of the order and the demolition must be completed within such time as the
Housing Official shall determine is reasonable.
F.
Include statements advising that in the event of failure,
neglect or refusal to comply with the notice, the Housing Official, after
having ascertained the cost, may abate the violation or require the property
to remain vacant. The cost or expense of abating the violation shall be assessed
as a lien on the property and shall be entered on the tax records kept by
the Department of Finance and shall be collectible in the same manner as taxes
on real estate.
G.
Include a statement advising that any person having any
record title or legal interest in the building may appeal from the notice
and/or order or any action of the Housing Official to the Board of Appeals,
provided that the appeal is made in writing as provided in this Code and filed
with the Housing Official within 10 days from the date of service of such
notice and/or order, and that failure to appeal will constitute a waiver of
all rights to an administrative hearing and determination of the matter.
[Amended 7-6-2004 by Bill No. 2004-6]
Following the expiration of the period of time provided in the notice, the Housing Official may reinspect, within the constraints of § 160-8, the premises described in the notice to ensure compliance.
A.
If, upon reinspection, the Housing Official determines
that any violation has not been corrected, he may issue a citation or grant
an extension of time based on the circumstances of each case. A fee of $100
may be charged for any additional inspections other than the initial reinspection
to assure compliance.
B.
In the event that a reinspection of the premises cannot
be achieved due to an agent, owner or occupant thwarting the efforts of the
Housing Official, a civil penalty of $100 may be imposed for each day of violation.
A.
The Housing Official shall remove the condemnation placard, as required by § 160-20A, whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
B.
Upon full compliance, as determined by the Housing Official,
the Housing Official shall cause a notice of compliance to be filed among
the records of the Department of Building, Housing and Zoning and a copy provided
for the property owner or his agent if requested.
The standards listed below shall be followed by the Housing Official
in ordering the repair, vacancy or demolition of any dangerous building or
structure.
A.
Order to repair. If the building or structure reasonably
can be repaired so that the dangerous condition will no longer exist, it shall
be ordered to be repaired.
B.
Order to vacate. Whenever the Housing Official finds that any dwelling or multiple-family dwelling, or other structure or area constitutes a hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance, is in disrepair, unsanitary, vermin-infested or rodent-infested or because it lacks the sanitary facilities or equipment or otherwise fails to comply with the minimum provision of this chapter, but has not yet reached such state of complete disrepair as to be condemned as a dangerous structure, as defined in Article VII, he may declare such dwelling structure or area or multiple-family dwelling as unfit for human habitation and order it to be vacated and restored to a healthful condition. It shall be unlawful to again occupy such building until it has been made to conform to the law and written approval granted by the Housing Official.
C.
Order to demolish. The Housing Official shall order the
owner of any premises upon which is located any structure which is so dilapidated,
so out of repair as to be dangerous, has been designated unfit for human habitation,
unsafe, unsanitary, has been vacated, and has not been put into proper repair
after given sufficient notice to repair, to raze and remove the structure
in its entirety.
A.
Every notice to vacate or demolish shall, in addition to being served as provided in § 160-14, be posted at or upon each exit of the building along with a placard of condemnation on the premises. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice or placard without written permission of the Housing Official. The posted notice shall be as follows:
|
This building is unsafe, and its use or occupancy has been prohibited
by the Housing Official. It shall be unlawful to occupy this building or to
remove or deface this notice. Failure to comply with this posting will result
in prosecution by law.
|
B.
Vacation. A period not to exceed thirty days shall be
permitted to vacate the premises, unless the situation is of a character requiring
immediate action, in which case the effective time of the order shall be such
as, in the judgment of the Housing Official, is reasonable and proper. The
premises so ordered to be vacated shall not again be occupied until a certificate
of occupancy has been secured from the Housing Official, stating that the
dwelling is in compliance with this chapter or any other existing law or ordinance.
C.
Stay of notice and order during appeals. Except for vacation
orders, enforcement of any notice and order of the Housing Official issued
under this section shall be stayed during the pendency of an appeal therefrom
which is properly and timely filed.
D.
Extensions.
(1)
The Housing Official may grant an extension, not to exceed
120 days, within which to complete said repair, rehabilitation, or demolition,
upon receipt of an application from the person required to conform to the
order and an agreement by such person that he will comply with the order if
allowed additional time, if the Housing Official determines that such an extension
of time will not create or perpetuate a situation imminently dangerous to
life or property.
(2)
The Housing Official's authority to extend time
is limited to the physical repair, rehabilitation or demolition of the premises
and will not in any way affect or extend the time to appeal his notice and
order.
A.
Whenever, in the judgment of the Housing Official, it
is determined that an actual emergency exists which constitutes a menace to
the public health or safety and which requires immediate action for the protection
of life or body, the Housing Official shall take whatever action is necessary
in order to meet the emergency. If necessary to protect the public health
or safety, the Housing Official may order the premises be vacated and it shall
not be reoccupied until the order is completed.
B.
Any such order or orders shall be effective immediately
or in the time and manner prescribed, notwithstanding any other provisions
of this Code to the contrary.
C.
It shall be unlawful for any person to enter such structure
except for the purpose of securing the structure, making the required repairs,
removing the hazardous condition, or demolishing the same. Any person ordered
to take emergency measures by this article shall comply with such order forthwith.
