[Amended 5-3-2005 by HR 05-06]
A. 
Subtitle 13, Housing and property standards, of the Prince George's County Code, as it may from time to time be amended, is hereby adopted by the City, and all of the powers, rights and requirements of compliance therein not in conflict with City Charter, this Code, or City regulations, may be exercised by the City.[1] However, all references in Chapter 13 of the County Code (or the International Property Maintenance Code which the County Code currently incorporates) to the appointment, discipline, employment and termination of any property or code enforcement personnel or to a Board of Appeals shall not be effective in the City.
[1]
Editor's Note: A copy of the complete text of the standards adopted herein is on file and open to public inspection in the office of Code Enforcement.
B. 
The Code Official shall be the City Administrator, his/her designee or any Code Enforcement Officer of the City.
[Amended 5-3-2005 by HR 05-06]
A. 
General. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this Code. For purposes of this chapter, condemnation means a declaration of illegality, danger or unfitness and does not include taking of property for compensation by a governmental unit.
(1) 
Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(2) 
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(3) 
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) 
Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.
B. 
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
C. 
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 68-6(c). If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 68-6(b).
D. 
Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(1) 
Placard removal. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this Code.
E. 
Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this Code.
[Amended 5-3-2005 by HR 05-06]
A. 
Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "this structure is unsafe and its occupancy has been prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
B. 
Temporary safeguards. Notwithstanding other provisions of this Code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the Boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted, and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
C. 
Closing streets. When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
D. 
Emergency repairs. For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
E. 
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City. The legal counsel of the City shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
F. 
Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the City, be afforded a hearing as described in this chapter.
[Amended 5-3-2005 by HR 05-06]
A. 
General. The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgment is so dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than one year, to demolish and remove such structure.
B. 
Notices and orders. All notices and orders shall comply with § 68-6.
C. 
Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause an action to be filed in the court for demolition and recovery of all costs and fees (including attorney and expert fees) incurred in the enforcement of this subsection. The cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D. 
Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
[Amended 5-3-2005 by HR 05-06, 12-5-2016 by HO-2016-02]
A. 
Any person affected by any notice or order that has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Head of Code Enforcement or the Head of Code Enforcement's designee, or the Director of the Public Works Department when appropriate, who shall in either case be the Hearing Officer. Provided, however that such person requesting the hearing (the "appellant") must file in the office of the City Administrator a signed written notice of appeal, requesting a hearing and setting forth a brief statement of the reasons therefore, within 10 days after service of a notice or order.
B. 
Upon receipt of such notice of appeal, the hearing officer shall promptly set a time and place for such hearing and shall give the person appealing and other enforcement personnel notice thereof. Notice of the hearing shall be posted at the property in a conspicuous place no later than 48 hours before the hearing indicating the nature of the proceeding, the time and place of the hearing and the name and telephone number of the person to contact for additional information.
C. 
The hearing officer shall determine such appeals in writing as promptly as practicable. After such hearing, the hearing officer may affirm, amend, modify or withdraw the notice or order appealed from. The decision of the hearing officer shall constitute an order, and any person who shall fail, refuse or neglect to comply with any such order shall be guilty of violating the provisions of this chapter.
D. 
The decision of the hearing officer shall in all cases be final, except that any appellant or party directly aggrieved by a decision of the hearing officer may appeal to a court of record of competent jurisdiction for a further review, on the record made in front of the hearing officer provided that appellant does so within 30 days after the rendering of such decision. The decision of the hearing officer in any case on appeal may be stayed by the hearing officer pending a decision by the court.
E. 
Whenever a Code Official finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately, but, upon petition to the person hearing such appeal, shall be afforded a hearing as soon as possible. After such hearing, depending upon the finding as to whether the provisions of this Code and of the rules and regulations adopted pursuant thereto have been complied with, the hearing officer shall continue such order in effect or modify it or revoke it.
[Amended 5-3-2005 by HR 05-06]
A. 
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in §§ b and c, immediately below, to the person responsible for the violation as specified in this Code. Notices for condemnation procedures shall also comply with § 68-2(c).
B. 
Such notice prescribed in § A shall be in accordance with all of the following:
(1) 
Be in writing.
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Include a statement of the violation or violations, why the notice is being issued and the day and time the violation was discovered.
(4) 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.
(5) 
Inform the property owner of the right to appeal.
(6) 
Include a statement of the right of the City to file a tax lien.
C. 
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally to the tenant if any, and to the owner of record; or
(2) 
Sent by certified mail addressed to the last known address of the owner and the tenant, if any, so long as a copy thereof shall be posted in a conspicuous place or about the structure affected by such notice.
D. 
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in section 68-10(e)(4).
E. 
Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.