[Adopted 7-23-1980 as Article 4 of Ord. No. 346]
No permit or license issued by the City Clerk
or Inspector shall be effective until 48 hours after issuance.
The City Clerk or Inspector may issue or deny
any permits or licenses authorized by this Code or decline to issue
or deny any permit or license without prejudice. In the latter event,
the applicant may appear before the Board or Mayor and Council having
jurisdiction thereof at the next regular session for a determination
de novo. Determination shall be made at that time without postponement.
Failure of the applicant to appear shall automatically constitute
a denial.
The Inspector appointed by the Mayor, with the approval of the Council, shall have the authority of a public health officer as provided by §
C4-1B(30) of the Charter and such other authority provided by this Code.
[Adopted 10-9-2019 by Ord. No. 690]
The following terms shall have the meanings indicated, unless
the context clearly indicates a different meaning:
BLIGHTED BUILDING
Any building or portion thereof, along with the lot on which
it exists, that poses a serious or immediate danger to the health,
safety or general welfare of the public or is not being maintained,
is dilapidated, or is an obvious nuisance as deemed by the Inspector.
Examples include, but are not limited to, missing or boarded windows
or doors; collapsing or missing walls, roofs or floors; seriously
damaged or missing siding; structurally faulty foundations; garbage,
trash or abandoned/unregistered vehicles on premises; overgrown, diseased,
dead or decayed trees, weeds and vegetation; unmaintained swimming
pool, pond, or other body of water; graffiti; fire damage; harboring
vermin or other animal nuisances.
BOARDED
A building or structure where, in place of one or more exterior
doors, other than a storm door or of one or more windows, there is
plywood or similar material covering the space for such door or window
so that a door or window is secured.
BUILDING
Any combination of materials having a roof and enclosed within
exterior walls or firewalls, built to form a structure for the shelter
of persons or property, excluding accessory structures that are incidental
to the principal structure located on the same lot.
COMMERCIAL STOREFRONT
Any area within a building that may be individually leased
or rented for commercial use.
EVIDENCE OF VACANCY
A condition that on its own or combined with other conditions
would reasonably be believed that the property is vacant, which includes,
but is not limited to, overgrown or dead vegetation; accumulation
of newspapers, circulars, or mail; past-due utility notices or disconnected
utilities; accumulation of trash or debris; absence of window coverings
(curtains, blinds); absence of furnishings or personal items associated
with residential habitation; and statements from neighbors, delivery
agents, government officials, etc., that the property is vacant.
OCCUPIED
A building or structure where one or more persons actually
conducts a lawful business in all or any part of the building as the
licensed business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this article, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, proof of continual electric, gas, heating, and water and sewer
services.
OWNER
Any person, beneficiary, copartnership, association, trust,
corporation or fiduciary having a legal or equitable title or interest
in any real property.
OWNER OF RECORD
The person or legal entity having a recorded title to the
property that has, at any given time, been recorded in the Maryland
Land Records.
PROPERTY PLAN
This plan identifies the owner's plans for the building
or structure; its current status; and the measures in place to ensure
that the building is secured and how it will be maintained, in compliance
with applicable City codes.
SECURED
A building or structure that has a permanent door or window
in each appropriate building opening that is secured to deter vandalism
and unauthorized entry and has all its door and window components,
including frames, jambs, rails, stiles, muntins, mullions, panels,
sashes, lights and panes, intact and unbroken.
UNSECURED
Any vacant or abandoned building or structure not continuously
secured, maintained, locked or boarded to deter vandalism and unauthorized
entry; fails to provide protection from weather damage; and is an
attractive nuisance to children, vagrants, criminals, or other unauthorized
persons.
VACANT
A building structure in which there is no habitual presence
of persons who have a legal right to be on the premises, or in which
all lawful business, construction activity, or residential occupancy
has substantially ceased, or which is substantially devoid of contents.
The Inspector shall notify a property owner of a building or
structure that is deemed vacant or blighted. The notice shall include
supporting documentation, such as photos, water usage reports, or
any such information in support of the determination.
There is no fee for the registration of a property, if it is
registered within 30 days of receiving notice from the Inspector identifying
reasons for the determination as a vacant or blighted property.
The owner, or the responsible person or agent for the owner,
shall notify the Inspector within 30 days of any change to the information
contained in the registration statement on file with the Inspector.
Properties not registered after 30 days' notice shall be
fined $100. If unpaid, within 90 days the fine will become a lien
on the property and collected in the same manner as real estate taxes.
The property owner shall have 30 days from the date of the report
to appeal the determination or to provide evidence, in writing, to
the Inspector showing proof that the property is not vacant or blighted.
Upon receipt, the Inspector will schedule a hearing within 20 days
before the Board of Zoning Appeals for a final determination as to
whether or not the building or structure is vacant and/or blighted.