The health, welfare and safety of the residents of Brentwood
need to be protected from the ill effects of poor property maintenance
and all ramifications arising therefrom. Further, the value of all
property within the corporate limits of the Town of Brentwood needs
to be protected from said ill effects and ramifications. Thus, the
Town of Brentwood hereby establishes requirements for the registration
and maintenance of vacant buildings, for the registration of vacant
lots and for the governance of unsafe buildings.
In this chapter, the definitions in the BOCA National Property
Maintenance Code as amended from time to time shall apply, with the
following exceptions:
The Building Officials and Code Administration International,
Incorporated.
The Building Officials and Code Administration International,
Incorporated, Property Maintenance Code, as amended from time to time.
The Town of Brentwood, Maryland.
Town Administrator of the Town or his/her designated representative.
A building that is:
Empty; or
Not occupied on a regular and habitual basis by the owner, tenant,
agent of the owner or other person having permission of the owner
to occupy the building; or
Not used by the owner, tenant, agent of the owner, or other
person having permission of the owner on a regular and habitual basis
for the usual and customary purposes for which a building is designed
and lawfully permitted; or
Partially occupied as defined in § 57-3 below.
A.
Commercial and industrial buildings. Except as provided in Subsection C below with respect to rental properties that are less than twenty-five-percent occupied and Subsections D, E, F and G below with respect to single-family dwellings, whenever any commercial or industrial building in the Town is vacant for more than 60 days, or whenever any building in the Town is vacant and such building or premises thereof contains one or more of the public nuisances described in the BOCA Property Maintenance Code, as amended from time to time and herein incorporated in the Town's Code of Ordinances, then the owner of such building shall, within 10 business days of notification by the Town, register such a building as a vacant building and submit a vacant building plan.
B.
Mixed-use residential and commercial properties. Whenever the commercial
portion of any mixed-use residential and commercial building in the
Town is vacant for more than 60 days, or whenever any such portion
of such building in the Town is vacant and such portion of such building
or the premises thereof contains one or more of the public nuisances
described in the BOCA Property Maintenance Code, as amended from time
to time in the Town's Code of Ordinances, then the owner of such
building shall, within 10 business days of notification by the Town,
register such portion of such building as a vacant building and submit
a vacant building plan. Whenever the residential portion of any mixed-use
residential and commercial building in the Town is less than twenty-five-percent
occupied for more than 60 days, or whenever any such portion of such
building in the Town is less than twenty-five-percent occupied and
such portion of such building or the premises thereof contains one
or more of the public nuisances described in the BOCA Property Maintenance
Code, as amended from time to time and herein incorporated in the
Town's Code of Ordinances, then the owner of such portion of
such building shall, within 10 business days of notification by the
Town, register such portion of such building as a vacant building
and submit a vacant building plan.
C.
Residential rental properties twenty-five-percent or less occupied.
Whenever any building designed as a rental property with four or more
dwelling units is twenty-five-percent or less occupied and such building
or premises thereof contains one or more of the defects described
in the BOCA Property Maintenance Code, as amended from time to time
and herein incorporated in the Town's Code of Ordinances, then
the owner of such building shall, within 10 business days of notification
by the Town, register such building as a vacant building and submit
a vacant building plan.
D.
Single-family dwellings, previously owner occupied. Whenever any
building designed as a single-family dwelling is vacant and the immediately
preceding occupant was the owner and the owner will not occupy the
premises of such building or such building or premises thereof contains
one or more of the defects described in the BOCA Property Maintenance
Code, as amended from time to time and herein incorporated in the
Town's Code of Ordinances, then the owner of such building shall,
within 10 business days of notification by the Town, register such
building as a vacant building and submit a vacant building plan.
E.
Single-family dwellings, previously not owner occupied. Whenever
any building designed as a single-family dwelling is vacant and the
immediately preceding occupant was not the owner or such vacant building
or premises thereof contains one or more of the defects described
in the BOCA Property Maintenance Code, as amended from time to time
and herein incorporated in the Town's Code of Ordinances, then
the owner of such building shall, within 10 business days of notification
by the Town, register such building as a vacant building and submit
a vacant building plan.
F.
Single-family dwellings, previously owner occupied; new owner will
not occupy. Whenever any building designed as a single-family dwelling
is vacant and the immediately preceding occupant was the owner and
ownership has changed hands and the new owner will not occupy the
premises or such vacant building or premises thereof contains one
or more of the defects described in the BOCA Property Maintenance
Code, as amended from time to time and herein incorporated in the
Town's Code of Ordinances, then the owner of such building shall,
within 10 business days of notification by the Town, register such
building as a vacant building and submit a vacant building plan.
G.
Single-family dwellings, previously owner occupied; new owner will
occupy. Whenever any building designed as a single-family dwelling
is vacant and the immediately preceding occupant was the owner and
ownership has changed hands and the new owner will occupy the premises
and such building or premises thereof contains one or more of the
defects described in the BOCA Property Maintenance Code, as amended
from time to time and herein incorporated in the Town's Code
of Ordinances, then the owner of such building shall, within 10 business
days of notification by the Town, register such building as a vacant
building and submit a vacant building plan.
A.
Notice of registration requirement. Upon a determination by the Town Administrator that a building in the Town is required to be registered pursuant to § 57-3 of this chapter, the Town Administrator shall provide notice to the owner or agent of the requirement to register the building and submit a vacant building plan to the Town Administrator. In the event of the existence of any public nuisance as defined in the BOCA Property Maintenance Code, as amended from time to time and herein incorporated in the Town's Code of Ordinances, in connection with the building or premises thereto, then the Town Administrator shall specify in the notice the existence of such nuisance(s). The failure of the Town Administrator to provide this notice, or the failure of an owner to receive notice from the Town Administrator, shall not relieve the owner of the obligation to register such building as a vacant building and submit a vacant building plan.
B.
Registration of vacant buildings, filing fee.
(1)
The owner or agent registering a vacant building shall supply the
following information:
(a)
Name, address, and telephone number of owner.
(b)
Name, address, and telephone number of any local agent or representative.
(c)
Name, address, and telephone number of all persons with any
ownership interest in the building and premises.
(d)
Name, address, and telephone number of any and all mortgagors.
(e)
Legal description and tax account number of the premises on
which the building is situated.
(f)
The common street address of the building.
(g)
Date on which building became vacant.
(h)
Vacant building plan.
(2)
The vacant building registration shall be filed with the Town Administrator. If the registration is for a building designed as other than a single-family dwelling and is required under Subsection A or B of § 57-3 of this chapter, it shall be accompanied by a filing fee of $600 or the amount of such fee as established by the Mayor and Council. If the registration is for a building designed as a single-family dwelling and is required under Subsection C, D, E, F or G of § 57-3 of this chapter, it shall be accompanied by a filing fee of $300 or the amount of such fee as established by the Mayor and Council. Registration of a vacant building shall be valid for a period of six months. If the building is still vacant at the expiration of any six-month registration period and the requirements of the vacant building plan are not completed, then the owner shall reregister such building and pay an additional filing fee equivalent to the initial filing fee or amount of such fee as established by the Mayor and Council. If the building is still vacant at the expiration of any six-month registration period but the requirements of the vacant building plan are completed, the owner shall reregister such building, without the requirement of a new vacant building plan but with a payment of 25% of the usual filing fee if the building was required to be registered under § 57-3 of this chapter.
(3)
No fee is required if the building was required to be registered under Subsection G of § 57-3 of this chapter, except that if the building remains vacant for one year after the initial registration, the building will be treated according to Subsection F of § 57-3 of this chapter, and a fee will be required accordingly.
C.
Other enforcement. The registration of a vacant building shall not
preclude action by the Town to force repair of the building or to
initiate condemnation and demolition of the building pursuant to other
provisions of this Code or other law.
D.
Placarding. The owner or agent of the registered building shall place
a Town-provided identification placard on the building's exterior
as directed by the Town Administrator so as to be clearly visible
from the nearest public right-of-way. Such identification placard
shall be kept in readable condition by the owner or agent, and shall
provide the following information: owner's name, address, phone
number and expiration date of registration. The Town Administrator
may require removal of all other signage and graffiti at the owner's
expense.
When a building is registered as required herein, the owner
or agent of the owner shall submit a vacant building plan. The plan
shall contain the following:
A.
A plan of access to the interior by the Code Enforcement Officer
of sufficient frequency to determine that, from evidence on the interior,
the exterior structure is in good repair, structurally sound, sanitary,
and weatherproof.
B.
A plan of action to repair any doors, windows, or other openings
which are boarded up or otherwise secured by any means other than
conventional methods used in the design of the building or permitted
for new construction of similar type. The proposed repair shall result
in openings secured by conventional methods used in the design of
the building or by methods permitted for new construction of similar
type.
C.
For buildings and property which are identified as being or containing
defects which constitute public nuisances, then the vacant building
plan shall contain a plan of action to remedy such public nuisance(s).
D.
For each required plan, a time schedule shall be submitted identifying
a date of commencement of repair and date of completion of repair
for each improperly secured opening and identified defect.
E.
Whenever the owner proposes to demolish the vacant building, then
the owner shall submit a plan and time schedule for such demolition
and obtain the necessary permit(s) as required pursuant to other provisions
of this Code or other law.
F.
A plan of action to maintain the building and premises in conformance
with the BOCA Property Maintenance Code.
G.
Approval of plan. If the proposed vacant building plan complies with
the standards herein and in regulations to be promulgated by the Town
Administrator, the Code Enforcement Officer shall approve it. If the
Code Enforcement Officer approves the plan, notice shall be sent to
the owner or agent of the vacant building.
H.
Authority to modify and appeal right. The Code Enforcement Officer
shall, upon notice to the vacant building owner or agent, have the
right to modify the vacant building plan by altering the dates of
performance or the proposed methods of action. If the owner or agent
of the vacant building objects to the modifications made by the Code
Enforcement Officer, such owner or agent shall have the right of appeal
to the Town Administrator for final determination. Such appeal shall
be in writing and personally delivered or sent by certified mail,
return receipt requested, to the Code Enforcement Officer within 15
calendar days of the date of the Code Enforcement Officer's notice
of modification. If no appeal is filed, then the plan as modified
by the Code Enforcement Officer shall constitute the approved vacant
building plan.
I.
Town Administrator's review on appeal.
(1)
The Town Administrator shall specify a time and place for an appeal
conference on a vacant building plan; shall advise the owner, in writing,
of the time and place of the appeal conference. At the appeal conference,
the owner shall be permitted to present reasons to support the appeal
and relevant evidence why the Code Enforcement Officer's modifications
of the vacant building plan should be rejected.
(2)
In considering the appropriateness of a vacant building plan on appeal,
the Town Administrator shall consider the following:
(a)
The public interest in minimizing the period of time a building
is vacant, boarded up, and/or has any defects which constitute public
nuisances.
(b)
The effect of the proposed plan on adjoining property and/or
the neighborhood in which the building is located.
(c)
Whether there is practical difficulty or unnecessary hardship
(financial or otherwise) to the owner connected with the performance
of any act required by the plan.
(d)
The length of time the building has been vacant.
(e)
The presence of any public nuisance on the property.
(3)
After the appeal conference, the Town Administrator shall render
his/her decision on the owner's or agent's appeal of the
Code Enforcement Officer's modifications to the proposed vacant
building plan. The Town Administrator shall have the right to fashion
his/her own vacant building plan or to approve or modify the plan
submitted by the owner or agent or to approve or further modify the
plan as modified by the Code Enforcement Officer. The decision of
the Town Administrator shall be final and constitute the approved
vacant building plan.
J.
Failure to submit or to comply with plan.
(1)
If an owner of a vacant building fails to submit a vacant building
plan, the Code Enforcement Officer shall develop a plan and give notice
of the plan to the vacant building owner or agent. The owner shall
be charged for the preparation of the vacant building plan by the
Code Enforcement Officer at a rate not to exceed two-and-one-half
times the hourly wage of the Code Enforcement Officer, and the costs
for all materials. If the owner or agent objects to the plan made
by the Code Enforcement Officer, such owner or agent shall have the
right of appeal to the Town Administrator for final determination.
Such appeal shall be in writing and personally delivered or sent by
certified mail, return receipt requested, to the Code Enforcement
Officer within 15 calendar days of the date of the Code Enforcement
Officer's notice of modification. If no appeal is filed, then
the plan as modified by the Code Enforcement Officer shall constitute
the approved vacant building plan.
(2)
Failure to comply with an approved vacant building plan shall constitute
a violation of this section and subject the owner or agent of the
building to penalties upon conviction as provided in this chapter.
K.
Change of ownership. The vacant building plan shall remain in effect
even if ownership changes. Within 30 calendar days of the date of
any change of ownership, the new owner or agent shall file a new vacant
building registration with the Town, and supply the name, address,
and telephone number of the new owner(s). The new registration shall
be in the same form as the original registration; the new registration
shall be accompanied by 25% of the usual filing fee.
A.
Municipal infraction. The failure of an owner of a vacant building
to file a registration statement when it is due, to pay the registration
fee, to provide all information required with registration or to file
a vacant building plan is a municipal infraction with a fine of $200.
Each additional 60 days a violation exists is a separate violation
subject to an additional fine of $200.
B.
Lien on real property. All registration fees, when overdue, are a
lien in favor of the Town on the vacant lot and may be collected and
enforced in the same manner as delinquent real property taxes.
