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:
BOCA
The Building Officials and Code Administration International,
Incorporated.
BOCA PROPERTY MAINTENANCE CODE
The Building Officials and Code Administration International,
Incorporated, Property Maintenance Code, as amended from time to time.
TOWN
The Town of Brentwood, Maryland.
VACANT BUILDING
A building that is:
B.
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
C.
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
D.
Partially occupied as defined in §
57-3 below.
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.
L. Maintenance standards. The owner of a vacant building shall comply with all Town of Brentwood ordinances, including Chapter
50.