[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. 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.
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:
(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.