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Town of Westernport, MD
Allegany County
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Whenever the Director finds an occupied building, dwelling, dwelling unit, boardinghouse or boarding unit to be unfit for human habitation by reason of conditions of damage, decay, dilapidation, obsolescence, abandonment, insanitation, or vermin or rodent infestation which constitute a serious hazard to the health or safety of the occupants or the public; lack of sanitation, illumination, ventilation, heating, plumbing or other facilities adequate to protect the health or safety of the occupants or the public; or conditions which are so unsafe, unsanitary, overcrowded or otherwise dangerous to life, health, or safety as to create a serious hazard to the occupants or the public, he may cause to be posted an order requiring such building or portion thereof to be vacated and may take necessary steps to remove the occupant or occupants who fail or refuse to vacate. Any building, dwelling, dwelling unit, boardinghouse or boarding unit so vacated shall not again be used for human habitation or otherwise until the hazard has been eliminated and the Director has given written approval of reoccupancy.
The Director, after posting an order to vacate a property, shall give to the owner, agent or person in control of such property a written notice in accordance with the provisions of § 91-8 hereof requiring the repair and rehabilitation and, where required, the boarding up or the demolition and removal of such building, structure or portion thereof.
When the owner, agent or person in control cannot be found or shall fail, neglect or refuse to comply with the notice to repair and rehabilitate or board up or demolish and remove such building, structure or portion thereof, the Director, after giving such prior notice as is required by the provisions of § 91-8 hereof to the owner, agent or person in control, shall cause such building or structure to be repaired and rehabilitated, boarded up, demolished and removed, secured or required to remain vacant, as the case may require, and any cost incurred shall be collected in the same manner as provided in § 91-12 of Article III of this code.
After any building or structure or portion thereof has been vacated pursuant to this article, the Director shall require that any such building, structure, or portion thereof and any and all openings therein be properly safeguarded as follows:
A. 
Every building or portion thereof which has been left vacant without removing any appliance or equipment but from which no utility service has been disconnected shall be safeguarded by closing and securely locking all windows and doors.
B. 
Any building or portion thereof from which all or most of the appliances and equipment have been removed, notwithstanding utility connections, shall be safeguarded by closing and securely locking all windows and doors. In addition thereto, all windows, doors and other openings which are within 12 feet from the ground or which are within 12 feet in any direction from an exterior stairway or fire escape shall be further protected by boarding up with wood or metal panels and/or any other approved safeguard. Before any vacant building is closed and secured, all trash, rubbish and other debris shall be removed from the premises.
C. 
No partially or completely vacated building shall remain boarded up for a period longer than 90 days. After said ninety-day period, the owner or agent or other person responsible shall forthwith either rehabilitate the building to make it fit for human habitation, or for commercial or other authorized uses, or it shall demolish and remove the same. Said ninety-day period may be extended for good cause shown upon application made to the Director. If such rehabilitation or demolition is not commenced immediately following such ninety-day period or any extension thereof, the Director may undertake such action under and pursuant to the provisions of § 91-93 hereof.