[HISTORY: Adopted by the Mayor and Council of Pocomoke City 8-26-1968 by Ch. 7 of the 1968 Code.
Amendments noted where applicable.]
All buildings or structures which are unsafe, unsanitary or
not provided with adequate egress or which constitute a fire hazard
or are otherwise dangerous to human life or which in relation to existing
use constitute a hazard to safety or health by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment are severally,
in contemplation of this section, unsafe buildings. All such unsafe
buildings are hereby declared illegal and shall be abated by repair
and rehabilitation or by demolition in accordance with the following
procedures:
A.
Whenever the Council shall find any building or structure or portion
thereof to be unsafe, as defined in this section, it shall, in accordance
with established procedure for legal notices, give the owner or the
owner's agent written notice stating the defects thereof. This
notice shall require the owner within a stated time either to complete
specified repairs or improvements or to demolish and remove the building
or structure or portion thereof. Sufficient notice shall be deemed
to have been given if given by registered or certified mail addressed
to the owner or the owner's agent at his or her last known address
as the same appears upon the City's tax records.
[Amended 1-20-1969 by Ord. No. 210]
B.
If necessary, such notice shall also require the building, structure
or portion thereof to be vacated forthwith and not reoccupied until
the specified repairs and improvements are completed, inspected and
approved by the City Manager. The City Manager shall cause to be posted
at each entrance to such building a notice: "This building is unsafe
and its use or occupancy has been prohibited by the Council of Pocomoke
City." Such notice shall remain posted until the required repairs
are made or demolition is completed. It shall be unlawful for any
person, firm or corporation, or his, her or its agents or other servants,
to remove such notice without written permission of the City Manager
or for any person to enter the building except for the purpose of
making the required repairs or of demolishing the same.
The owner of the property shall have the right, except in cases
of emergency, to appear before the Council at a time and place specified
in the notice to show cause why he or she should not comply with the
requirements of the notice. If the right hereby provided for shall
be exercised by the owner, the Council may, after affording the owner
an opportunity to be heard, confirm, set aside or modify its original
notice and order.
[Amended 1-20-1969 by Ord. No. 210]
In case the owner, agent or person in control cannot be found
within the stated time limit or if such owner, agent or person in
control shall fail, neglect or refuse to comply with the notice to
repair, rehabilitate or to demolish and remove said building or structure
or portion thereof as ordered, the City Manager, after having ascertained
the costs, shall cause such building or structure or portion thereof
to be demolished or secured or to remain vacant.
In case of an emergency involving imminent danger to human life
or health, the Council shall promptly order the City Manager to cause
such building, structure or portion thereof to be made safe or removed.
For this purpose, he or she may at once enter such structure or land
on which it stands, or abutting land or structures, with such assistance
and at such costs as he or she may deem necessary. He or she may vacate
adjacent structures or protect the public by appropriate fencing or
such other means as may be necessary and, for this purpose, may close
a public or private way.
[Amended 1-20-1969 by Ord. No. 210; 3-6-1978 by Ord. No. 252, approved 3-7-1971; 6-2-1997 by Ord. No. 349]
The cost of any such work performed by the City under this chapter
shall constitute a lien on the property and, unless paid in full by
the property owner within 30 days after the same is billed by the
City Clerk, shall draw interest from and after said 30 days at the
rate of 2/3 of 1% per month or fraction of a month, and the cost thereof,
if not paid, shall be added to the next annual tax bill of said property,
and the City Clerk shall not accept payment for or receipt said tax
bill unless the amount so assessed against said property, with interest
thereon, is included in the amount paid. An administrative fee of
25% will be charged in addition to the cost of performing the work.
