[HISTORY: Adopted by the County Commissioners of Allegany
County 1-8-2004 by Bill No. 11-03, effective 2-22-2004 (Ch. 189 of the 1984 Code). Amendments
noted where applicable.]
A.
Purpose. To provide measures for identifying and addressing structures
deemed unsafe by the County, and the abatement and enforcement thereof.
B.
Authority. This chapter is authorized under the provisions of Article
XI-F, Section 3, of the Constitution of Maryland.
C.
Jurisdiction. This chapter shall apply to the unincorporated areas
of Allegany County.
D.
Applicability. Every person, firm or corporation, as below defined,
outside of incorporated municipalities in Allegany County, shall be
required to maintain structures in a safe condition.
As used in this chapter, the following terms shall have the
meanings indicated:
An employee of Allegany County whose duties include inspection
and application of enforcement measures necessary to carry out the
terms of this chapter under the direction of the Division Chief.
An existing building with a continuous envelope defining
interior space, excepting only openings designed for doors or windows,
which is intended to secure said interior space for residential or
commercial use.
An operator, landowner, tenant or any other person lawfully
in possession of any real property upon which is located an unsafe
structure or any person who is the current or most recent ownership
of any personal property containing an unsafe structure.
Includes buildings, public utilities structures and other
freestanding man-made structures anchored to or sitting upon the earth.
Vacant structures that have been determined to be structurally
unsound as a result of fire, climatic events, infestations of insects
or vermin, general neglect or inadequate maintenance, and which may
pose a threat to human life or neighboring properties. A vacant structure
that is not secured against entry may, at the discretion of the County,
be deemed unsafe.
A.
Identification. An alleged violation, as reported to or witnessed
by the County, will be investigated by the Codes Inspector to determine
compliance with this Code.
B.
Inspection. Where probable cause of a violation of these provisions
exists, the County shall:
C.
Notice.
(1)
Concluding an investigation and determination that the structure
is deemed an unsafe structure by the County, the Codes Inspector shall
order the responsible party to raze and remove or make safe the unsafe
structure, as the County deems necessary, and as provided for in this
section.
(2)
The Codes Inspector shall serve on the responsible party a written
notice that describes the condition deemed unsafe and that specifies
the required repairs or improvements to be made to abate the unsafe
condition, or notice that requires the unsafe structure to be razed
within a stipulated time. Such notice shall require the responsible
party to declare immediately to the County acceptance or rejection
of the terms of the order.
D.
Record. The Codes Inspector shall cause a report to be filed on an
unsafe condition. The report shall state the occupancy of the structure
and the nature of the unsafe condition.
E.
Abatement. The structure determined to be unsafe by the County is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of the Code of of Allegany County, Maryland, Chapter 255, Building Construction.
A.
Upon written notification by the Codes Inspector, the responsible
party shall have a thirty-day period to abate the violation(s).
B.
Any responsible party given proper notice who does not comply within
the thirty-day period given shall be served with a civil citation
pursuant to authority granted by Article 25B, § 13(c), of
the Annotated Code of Maryland. The following violations are deemed
to be civil infractions:
(1)
Class A: ownership of an unsafe structure.
C.
All civil citations shall be processed in accordance with Article
25B, § 13(c), of the Annotated Code of Maryland. Each day
that a violation exists is considered a separate offense. Repeat violations
for the same offense can result in a fine of up to $1,000.
D.
A schedule of fines for civil infractions shall be established by
the Allegany County Commissioners, from time to time by resolution.
All such fines, when paid, shall become the property of Allegany County.
E.
Except for those acts declared to be civil infractions, all other
violations of this chapter or any rule or regulation adopted pursuant
thereto shall constitute a misdemeanor and shall be punished by imprisonment
for not more than 30 days or by a fine of not less than $100 but not
more than $1,000, or both, and court costs, at the discretion of the
court as provided herein. If any violation be continued, each day's
violation shall be deemed a separate offense.[1]
F.
If the owner of a premises fails to comply with demolition, or a
make-safe order within the time prescribed, the Codes Inspector shall
cause the structure to be made safe, or demolished and removed, either
through an available public agency or by contract or arrangement with
private persons, and the cost of such work, or demolition and removal,
shall be charged against the real estate upon which the structure
is located and shall be a lien upon the real estate and may be collected
by any other legal resource.
G.
The County or any citizen may institute injunction, mandamus, or
other appropriate actions, or proceedings at law or equity for the
enforcement of violations or to correct violations; and any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus, or other appropriate
forms of remedy or relief.
