[HISTORY: Adopted by the Town Council of the Town of North
Brentwood 4-20-2015 by Ord. No.
2015-01. Amendments noted where applicable.]
A.
Purpose. The Council finds that a building or structure that is vacant
has the potential of promoting neglect, waste and blight if not properly
maintained by the owner, and furthermore, a building or property should
appear to the maximum extent possible as if it is occupied despite
the contrary and avoid detracting from adjacent or nearby property
values or otherwise should not become a financial burden to the Town.
The purpose of this chapter is to protect the public health, safety
and the general welfare of the citizens of the Town of North Brentwood
and to assist the Town government in monitoring the number of vacant
buildings in the Town, to assess the effects of the condition of those
buildings on nearby residences and businesses, particularly in light
of firesafety hazards and unlawful, temporary occupancy by transients
or persons that may be engaged in criminal activities, and to promote
the general appearance of the community and rehabilitation of such
vacant buildings.
B.
Definitions. A building or structure shall be considered vacant under
this section whenever the building or structure remains unoccupied
for a period of 60 days or whenever said building, structure or land
thereof is both unoccupied for any period of time and has been cited
for any violation of Town ordinances. A building or structure within
the scope of this section shall mean a commercial building or dwelling
unit intended to be regularly occupied by people for work, recreation,
business or habitation.
C.
Notice. Whenever the Code Enforcement Officer or other designated
official of the Town provides written notice to the owner of the existence
of a vacant building or dwelling, the owner shall within 10 days of
such notice register said structure with the Mayor or designee. Should
a violation already exist regarding the premises, said official shall
specify in the notice the existence of such violation or infraction.
This registration and payment of any fee, as otherwise provided in
this section, must be renewed at the end of a six-month period or
sooner should title be conveyed to a new owner and should said structure
remain a vacant building.
D.
Citation. Should the owner fail to respond to such notice of vacancy by filing a registration statement and paying the registration fee or providing any other information or performing any task, duty or obligation required by this section, including submission of a vacant building plan, the Code Enforcement Officer or other designated Town official may issue a municipal infraction citation to the owner pursuant to Chapter 1, Article II, of this North Brentwood Town Code and § 6-102 et seq. of the Local Government Article of the Annotated Code of Maryland. Should an owner fail to renew a vacant building registration, he shall be issued a municipal infraction citation for a violation of this section.
E.
Other general requirements of vacant building owners. Vacant building
owners shall have the following duties and obligations:
(1)
Register and maintain their abandoned or vacant properties in accordance
with this chapter and all other applicable Town ordinances and any
applicable state, Washington Suburban Sanitary Commission and county
laws or regulations;
(2)
If the owner of the property is a business entity and/or mortgagee
(i.e., bank), the owner shall arrange or contract with the owner's
local agent as defined herein to perform any monthly or periodic inspections
of the property, if so required, in accordance with the applicable
vacant building plan;
(3)
Immediately inform the Code Enforcement Officer or the Mayor's
designee of any change in ownership or an action in foreclosure status
regarding the property;
(4)
Adherence to this chapter does not relieve the owner of any applicable
obligations or duties set forth within any covenants, conditions and
restrictions recorded in the land records;
(5)
Maintain their abandoned property in a secure manner so as not to
be accessible to unauthorized persons;
(6)
Filling in, closing or otherwise securing any excavations, swimming
pools or other hazards attractive to children;
(7)
Repairing and securing broken windows, doors, fences, gates, and
lights; and
(8)
Complying with and performing any other reasonable requirements or
tasks placed in the vacant building plan to achieve the purposes and
requirements of this chapter.
F.
Statement of vacant building plan. At the time the building or structure
is registered as required by this section, the owner shall submit
to the Town Code Enforcement Officer or the Mayor a statement of plan.
The plan shall include at least the following information:
(1)
Name, address and telephone number of the owner;
(2)
Name, address, and telephone number of any local agent, as the Mayor or Code Enforcement Officer prescribes as defined in § § 310-3 below and incorporated herein, shall be filed in writing with the Town. The legal owner of record shall notify the Mayor in writing of any changes with respect to the local agent within 15 days of such changes;
(3)
Name, address, and telephone numbers of all persons having any ownership
interest in the building or premises including any mortgagees;
(4)
The common street address of the property and tax identification
number;
(5)
Date on which the building or structure became vacant;
(6)
The length of time the owner expects the building to remain vacant;
(7)
A grant of permission signed by the owner or his agent and plan of
access of sufficient frequency to allow entry to the interior by the
Code Enforcement Officer, a sworn police officer or other Town official
to ensure the premises is in good repair, structurally sound, sanitary
and weatherproof;
(8)
A vacant building plan statement including the proposed rehabilitation
or improvements and maintenance to be made to the structure so as
to make the structure safe, suitable and presentable for its intended
use and a description of what will be done to secure the structure
so that it will not become open to the general public. Said plan shall
also include a schedule to address any existing infractions and to
repair any doors, fences, 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;
(9)
Whenever the owner proposes to demolish the vacant building, the
owner shall include in said plan a time schedule for such demolition
and obtain the necessary permit(s) as required by other law; and
(10)
Any other information, duty or obligation deemed reasonable
and necessary by the Mayor as is consistent with this chapter.
G.
Registration fees. If the registration is for a building designated
as other than a single-family dwelling, it shall be accompanied by
a filing fee of $500. If the building is designated as a single-family
dwelling, it shall be accompanied by a filing fee of $250. Should
the building or structure remain in compliance with Town ordinances
and the vacant building plan after the initial six-month term of registration,
the renewal fee shall be reduced to 50% of the initial fee. Any fees
required by this section may be modified from time to time by written
resolution of the Town Council.
H.
Failure to submit or comply with plan; administrative review.
(1)
Should the owner fail to submit a vacant building plan or comply
hereto in a manner that is acceptable to the Code Enforcement Officer
or other designee as required by this chapter, such official shall
develop or modify the plan and give notice of the plan to the vacant
building owner or agent.
(2)
The Code Enforcement Officer or other designee may place conditions
or add provisions in the plan consistent with this section or that
mandate compliance with certain timelines to address any outstanding
violations of Town ordinances or any other applicable county or state
law, or regulation, whether previously cited or not.
(3)
If the owner or agent objects to the plan made by said Code Enforcement
Official or other official, such owner or agent shall have the right
of appeal to the Mayor, a Hearing Officer or other administrative
body appointed by the Mayor for a final determination of the matter.
Such appeal shall be in writing, accompanied by a $50 fee and personally
delivered or sent by certified mail, return receipt requested, to
the Mayor within 15 calendar days of the date of the Code Enforcement
Officer's or other designee's notice of modification or
approval. If no appeal is filed in a timely manner, the plan as modified
shall constitute the approved vacant building plan.
(4)
Failure to comply with the vacant building plan shall constitute
a violation of this section and subject the owner to a municipal infraction
citation as provided in this section. In the event that the Code Enforcement
Officer or other official shall deem it fit to later modify the plan
due to initially unforeseen circumstances that have become evident
over time, the plan may be further amended after notice and an opportunity
for review as provided in this subsection.
I.
Inspections. In cases where the vacant building plan does not expressly
grant permission to conduct an interior inspection, or in the absence
of an actual emergency that would permit a warrantless search, the
owner of a vacant building shall permit inspection of the premises
by the Mayor, Code Enforcement Officer, a sworn police officer and/or
fire officials to allow such officials to ascertain whether the building
will support entry by police and fire personnel in cases of future
emergency. Should a registered owner deny a request for access to
a vacant building, the denial shall constitute revocation of any applicable
registration, and the owner shall be subject to a municipal infraction
citation as provided in this section.
J.
Placarding. The owner or agent of the registered vacant building
shall place a Town-provided identification placard on the building's
exterior as directed by the Mayor so as to be clearly visible from
the front door area of the building. Such identification placard shall
be kept in readable condition by the owner or agent, and shall provide
the following information: owner's name, local agent's name,
if any, address, phone number, expiration date of registration.
K.
Other enforcement. The registration of a vacant building or structure
shall not preclude action by the Town to force abatement, repair or
maintenance of any building or structure, or to initiate condemnation
and demolition of the building or structure pursuant to other Town
ordinances or other law. The cost of these actions shall be paid for
by the owner. The Town shall send the owner a bill for the costs of
such work by certified mail, return receipt requested, and by regular
mail to the owner's last known address, or by any other means
reasonably calculated to bring the bill to the owner's attention.
Should the owner fail to pay the bill within one month after it is
presented or mailed, the cost shall be considered a lien against the
property and may be collected in the same manner as real property
taxes. Nothing in this section shall be construed to limit the Town
from seeking any other legal damages or equitable and declaratory
relief to enforce this chapter code in a court of competent jurisdiction
in this state.
A.
Permit required. No person, firm, association, company or corporation
shall erect, install, place, or maintain boards, or plywood over the
doors, windows, or other openings of any building or structure or
otherwise secure such openings by any means other than the conventional
method used in the original construction and design of the building
or structure without first obtaining a boarding permit from the Town.
B.
Showing good cause for permit required.
(1)
The Council finds that the preferred method of securing a building
is from the interior or in a manner that does not readily appear from
a public right-of-way that the building or structure is vacant or
abandoned.
(2)
A boarding permit or renewed boarding permit may not be granted or
renewed for any period except upon demonstration that good cause for
the approval exists. "Good cause" shall require a showing by the owner
or agent that the permit is made necessary by conditions or events
beyond the owner's control, such as inability to obtain financing
for repair or rehabilitation, inability to locate a suitable buyer,
unanticipated delays in construction, rehabilitation, or demolition,
or unanticipated damage to the property. In addition, where appropriate,
"good cause" shall also require a showing by the owner that the owner
has exercised reasonable and due diligence in attempting to complete
the needed repair, rehabilitation or demolition or is attempting to
sell the property.
(3)
In the event that the Mayor or Code Enforcement Officer determines
that there exists good cause to issue or renew the permit and that
all other conditions in this section are met, the permit may be issued
for a period of up to, but not more than, six months, subject to renewal.
C.
Exceptions.
(1)
A boarding permit shall not be required in circumstances involving
temporary emergency situations, including but not limited to damage
caused by vandalism, fire, theft and extreme weather or hurricane
preparation. A temporary boarding that exceeds 30 days shall require
a boarding permit.
(2)
Any properties with exterior boarding of windows and doors existing
on the effective date of this chapter shall have six months to make
application for a boarding permit pursuant to this section.
D.
Fee. The fee for a boarding permit shall be $200 for a single-family
dwelling and $400 for all other buildings or structures, except for
small storage or other outbuildings, which shall require a permit
but no fee. The renewal fee shall be $100 for a single-family dwelling
and $200 for all other applicable buildings. Any fees required by
this section may be modified from time to time by written resolution
of the Town Council.
E.
Term. The boarding permit issued pursuant to this section shall authorize
the boarding or other securing of a building or structure for an initial
period of six months. If the structure or building remains boarded
at the end of each such six-month period, the boarding permit may
be renewed upon submission of a written application by the owner of
the property, the authorized representative, agent or contractor with
the submission of the application and payment of the fee occurring
no later than seven days before the expiration of the original or
preceding permit. Should the permit expire without a timely renewal,
the owner shall obtain a new permit and pay the full initial fee.
F.
Standards. Windows and exterior doors shall be boarded with exterior-grade
plywood of a minimum thickness of 5/8 inch. A minimum of two cross
members shall be used on each window or door. All boarded openings
shall be painted with a minimum of one coat of exterior paint, which
color shall be compatible with the exterior color of the building
or structure. The interior of the building shall be cleaned of all
trash, junk, garbage, debris, and all personal possessions shall be
removed, so as to eliminate any fire or health hazard and prevent
hindrance to firefighting equipment or to personnel in the event of
fire.
G.
Boarding without a permit or contrary to a valid permit. If a building
or structure is boarded up or sealed without obtaining a permit, or
in conflict with a valid permit and the standards contained herein,
the Code Enforcement Officer or other designee shall notify the owner
in writing to either obtain a proper permit, take corrective action
or to remove the sealing material within 10 calendar days after the
date of such notice and upon failure to correctly install or remove
the boarding or sealing within the specified time, the Town shall
have the right to correct or remove all illegal boards and sealing
material from all openings visible from any public right-of-way and
to remove or abate unsanitary or flammable waste materials and to
do such exterior maintenance as is necessary to bring the property
into compliance. The costs of these actions shall be paid for by the
owner. The Town shall send the owner a bill for the costs of such
work by certified mail, return receipt requested, and by regular mail
to the owner's last known address or by any other means reasonably
calculated to bring the bill to the owner's attention. Should
the owner fail to pay the bill within one month after it is presented
or mailed, the costs shall be considered a lien against the property
and may be collected in the same manner as real property taxes.
H.
Administrative review. If the owner or agent objects to the determination
or decision made by the Code Enforcement Officer or other designee,
such owner or agent shall have the right of appeal to the Mayor, a
hearing officer or other administrative body appointed by the Mayor
for a final determination. Such appeal shall be in writing, accompanied
by a $50 fee 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
denial. If no appeal is filed in a timely manner, the permit with
any required conditions established by the Code Enforcement Official
or designee shall constitute the approved permit.
I.
Other relief. Nothing in this section shall be construed to limit
the Town from seeking any other legal damages or declaratory and equitable
relief permitted by law to enforce this chapter in a court of competent
jurisdiction in this state.
A.
LOCAL AGENT
LOT
OWNER
RESIDENT AGENT
VACANT LOT
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A natural person over the age of 18 and a resident of this
state designated by the owner of record and consenting to serve as
an agent or representative of the owner regarding a vacant or unoccupied
lot required to be registered pursuant to this chapter.
An area of land designated as a separate parcel or unit of
land on a legally recorded subdivision plat or deed filed among the
land records of Prince George's County and assigned a property
tax account identification number that is assigned to one or more
such units or parcels of land.
The record property owner of the vacant lot or property,
but does not include a governmental entity or an instrumentality or
unit of a governmental entity.
An individual residing in this state or a Maryland corporation
or limited-liability company whose name, address, and designation
as a resident agent are filed or recorded with the Town and the Department
of Assessments and Taxation in accordance with this chapter and the
provisions of the Corporations and Association Article of the Annotated
Code of Maryland. In cases where a registered vacant lot or other
property is owned by an entity having a resident agent registered
with the state, the resident agent may also serve as the local agent
under this section.
A lot without a building or other valid and approved improvement
which has an assessed value for taxation purposes as determined by
the State of Maryland, Department of Assessments and Taxation.
B.
Registration required.
(1)
Owner to register annually. By July 1 of each year, beginning July
1, 2015, each owner of a vacant lot shall file a vacant lot registration
statement with the Town on a form provided by the Mayor or designee.
(2)
Registration fee. The annual registration fee is $100 for each vacant
lot, payable at the time of registration. Any fees required by this
section may be modified from time to time by written resolution of
the Town Council.
(3)
Purchaser required to register upon acquisition. A new owner of a
vacant lot must file a registration statement within 30 days of the
acquisition and pay the annual registration fee, unless that fee was
already paid by the prior owner.
C.
Information required with registration.
(1)
A description of the vacant lot by street address, property tax account
identification number, and any other information required in order
to accurately identify the vacant lot;
(2)
The name, address, and telephone number of the property owner of
record, and in addition, if the owner is not a resident of the State
of Maryland, or is a corporation, limited-liability company, limited-liability
partnership, limited partnership, or other business entity, the name,
address, and telephone number of the local agent or the resident agent
also serving as the local agent, and, if the owner is a partnership
or other entity not having a resident agent, the name, address, and
telephone number of all partners, owners or officers of the owner
and the authorized agent of the owner;
(3)
The name, address, and telephone number of the owner's authorized
property management agent if such an agent has been designated by
the owner;
(4)
Filing of the local agent's name and contact information. The
name, address and other contact information (i.e., telephone number
and/or email address) as the Mayor prescribes of the local agent shall
be filed in writing with the Town Clerk-Treasurer or other designee
upon filing a registration statement as required herein or from time
to time. The legal owner of record shall notify the Town Clerk, or
treasurer in writing of any changes with respect to the local agent
within 15 days of such changes;
(5)
A post office box does not suffice as an address for the purposes
of the registration statement; and
(6)
The Mayor or his/her designee shall be notified within 15 days of
any change in the agent designated by the owner or any change in the
address of the owner or agent.
D.
Exception to vacant lot registration requirement. No registration
of a vacant lot is required in the following circumstances:
(1)
The vacant lot is zoned as residential and the owner occupies a residence
on a lot contiguous to the vacant lot;
(2)
The vacant lot is contiguous to a lot with an occupied building and
both lots are under common ownership; or
(3)
The vacant lot is being utilized as a parking lot in compliance with
the county zoning ordinance and other applicable laws.
E.
Other enforcement. The registration of a vacant lot or absence thereof
shall not preclude action by the Town to force abatement, maintenance
or removal of a public nuisance or other violation found on any vacant
lot pursuant to any other provisions of Town ordinances or other law
the Town shall have the right to remove litter, trash, noxious weeds,
tall grass, unsanitary or flammable waste materials and to do such
other maintenance as is necessary to bring the property into compliance
with Town ordinances. The cost of these actions shall be paid for
by the owner. The Town shall send the owner a bill for the costs of
such work by certified mail, return receipt requested, and by regular
mail to the owner's last known address or by any other means
reasonably calculated to bring the bill to the owner's attention.
Should the owner fail to pay the bill within one month after it is
presented or mailed, the costs shall be considered a lien against
the property and may be collected in the same manner as real property
taxes. Nothing in this section shall be construed to limit the Town
from seeking any other legal damages or equitable and declaratory
relief permitted by law to enforce this chapter in a court of competent
jurisdiction in this state.
A.
If a vacant building plan or boarding permit is appealed or contested,
the Mayor or designee shall specify a time and place for an administrative
hearing on a vacant building plan or boarding permit and shall advise
the owner, in writing, of the time and place of the hearing. Except
as otherwise stated in this section and notwithstanding any other
provision of this chapter, the hearing shall be conducted in an informal
manner.
B.
Only appeals of vacant building plans and boarding permit denials
resulting in a failure to show good cause or conditional approvals
arising therefrom shall be heard on administrative appeal. Unless
a vacant building plan or boarding permit also applies to the property
in question, the mere registration or filing thereof of a vacant lot
or any other controversy or enforcement matter arising from this section
shall not be subject to administrative appeal but shall be considered
under the jurisdiction of the District Court of Maryland for Prince
George's County for enforcement purposes.
C.
In considering the appropriateness of a vacant building plan or boarding
permit on appeal, the Mayor or designee serving as a hearing officer
or administrative review body shall consider the following in making
a final administrative decision:
(1)
The public interest in minimizing the period of time a building or
structure is vacant, boarded up, and/or has any defects which constitute
public nuisances or code violations;
(2)
The effect of the proposed plan or boarding of the subject building
on adjoining properties and/or the neighborhood in which the building
is located;
(3)
The length of time the building has been vacant;
(4)
Whether good cause is shown pertaining to a boarding permit;
(5)
Whether the plan or granting the permit and any conditions thereto
will minimize any adverse effects on adjoining property and promote
the purposes of this chapter; and
(6)
Whether there is any practical difficulty or unnecessary hardship,
financial or otherwise, to the owner connected with the performance
on any act or duty required by the plan or permit.
D.
After the hearing, the Mayor or designee(s) shall render a decision
in writing on the owner's or agent's appeal of the Code
Enforcement Officer's approval, modifications or conditions made
to the proposed vacant building plan or boarding permit. The Mayor
or designees serving as hearing officer(s) shall have the right to
amend or place further conditions on the permit or fashion a revised
vacant building plan, or to approve the plan submitted by the owner
or agent, or otherwise approve or modify further the plan as modified
or approved by the Code Enforcement Officer. The decision of the Mayor
or designated hearing officer or administrative body shall constitute
the finally approved vacant building plan or boarding permit.
E.
Should the Mayor or designee(s) fail to hold a hearing within one
month of the date of receipt of notice of appeal or fail to make written
findings of fact and issue a final order within one month after the
date of the hearing, the original notice, decision or order shall
be treated as the final order of the Mayor or designee(s) for the
purposes of this section, provided that, with the written consent
or failure to affirmatively reply of the owner or agent who filed
the notice of appeal, the time period for the Mayor or designee to
hold a hearing or make findings of fact and issue a final order may
be extended for up to two additional months.
F.
Any applicant requesting approval of a vacant building plan or boarding
permit aggrieved by a final order or decision of the Mayor or designee
issued under this section may file a petition for judicial review
with the Clerk of the Circuit Court of Prince George's County
following the procedures for an appeal of an agency decision as governed
by Title 7, Chapter 200 of the Maryland Rules, as amended.
A.
Municipal infraction. The failure of an owner of a vacant building,
structure or lot to file a registration statement or application when
it is due or as otherwise required by this chapter, to pay the registration
fee, to provide all information required with registration or to otherwise
observe the duties, conditions and requirements of this chapter shall
be a municipal infraction carrying a fine of $500. Each additional
30 days that a violation exists shall be deemed a separate violation
subject to an additional $500 fine.
B.
Lien on real property. All registration fees, when overdue, or any
corrective action taken by the Town pursuant to this chapter or by
court order, and any penalties assessed hereto shall be considered
a lien in favor of the Town on the applicable property and may be
collected and enforced in the same manner as delinquent real property
taxes.
