[HISTORY: Adopted by the Mayor and City Council of Pocomoke City 1-22-2018 by Ord. No. 437.[1] Amendments noted where applicable.]
[1]
This ordinance was adopted as Ch. 147, but was renumbered to maintain the organization of the Code.
As used in this chapter, the following terms have the meanings indicated:
BLIGHTED
When a building or portion of a building (and the lot on which it exists) poses a serious or immediate danger to the health, safety, or general welfare of the public, is not being maintained, is dilapidated, or is an obvious nuisance as deemed by the Planning, Zoning, and Housing Department. Examples include missing or boarded windows or doors; collapsing or missing walls, roofs, or floors; seriously damaged or missing siding; structurally faulty foundations; garbage, trash, or partially dismantled, nonoperating, wrecked, junk, discarded or unregistered vehicles on premises; overgrown, diseased, dead, or decayed trees, weeds, or vegetation; an unmaintained swimming pool, pond, or other body of water; graffiti; fire damage; vermin or other animal nuisances.
BUILDING
A 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.
PROPERTY MAINTENANCE PLAN
A plan that identifies the owner's plans for the building; 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 Code. A plan must include a general schedule of renovations and completion dates.
VACANT
When a building is habitually without the presence of people who have a legal right to be on the premises; substantially without lawful business, construction activity, or residential occupancy; or substantially devoid of contents.
A. 
Applicability. This chapter is applicable to a building designed or used for residential or commercial use that has been vacant or blighted for at least 90 consecutive days. Evidence of vacant or blighted buildings includes:
(1) 
Habitual vacancy for long periods unrelated to the normal commercial vacancy cycle;
(2) 
Illegal activity and calls for service, as documented by the Police Department;
(3) 
A fire hazard, as determined by the Fire Marshal or as documented by the Fire Department or other Code official;
(4) 
A substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space within a residential or commercial neighborhood;
(5) 
Partially constructed, reconstructed, or demolished building upon which work was abandoned, showing no current building or demolition permit or when no substantial work on the project has been done for a period of six consecutive months or more.
B. 
Exemptions. The following are exempt from the provisions of this chapter:
(1) 
A building for which all residents are on an extended vacation or alternative living arrangement with the intention to return to the property and live. In this case, a verified emergency contact number for the owner must be provided and the property must be maintained by a local agent so that it does not appear vacant.
(2) 
A building that has suffered fire damage if the cleanup, repair, or demolition is completed within 120 days from the date of the fire. A written request for an exemption must be provided.
The Planning, Zoning, and Housing Department must notify the owner of a building that is deemed vacant or blighted and provide the reason for the determination.
A. 
Registration. For each vacant or blighted building, the building owner must file a registration statement with the City on forms provided by the City. Registration is required for all vacant or blighted buildings if a building has remained vacant for 90 consecutive days or more.
B. 
Contents. The registration form must contain the following information:
(1) 
The address of each vacant or blighted building;
(2) 
The names, addresses, and contact information of all owners;
(3) 
A property maintenance plan; and
(4) 
Listing of a local agent if all owners reside 50 miles or more outside of the City limits.
The owner or agent must notify the Planning, Zoning, and Housing Department within 30 days of a change to the information contained in the registration statement.
Properties not registered within 30 days of notice from the City will be subject to a municipal infraction with a fine of $100 for every 30 days of noncompliance. Owners who fail to comply with an approved property maintenance plan will be subject to a municipal infraction with a fine of $500 for every 30 days of noncompliance. All unpaid fines will become a lien on the property and collected in the same manner as real estate taxes.
The owner has 30 days from the date of the notice to appeal the determination or to provide evidence, in writing to the Planning, Zoning, and Housing Department showing proof that the property is not vacant or blighted or is in compliance with an approved property maintenance plan. Upon receipt, the Planning, Zoning, and Housing Department will schedule a hearing of the Housing Board of Review within a reasonable time after an appeal is received to review the City's determination. The hearing will be conducted in accordance with the Housing Board of Review's procedures as established under this Code.