[HISTORY: Adopted by the Mayor and Council of the City of
Hagerstown 12-19-2006 by Ord. No. O-06-33; amended in its entirety 9-30-2014 by Ord. No. O-14-19. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote and assure public
safety, health and welfare, to prevent deterioration of vacant residential
structures in the City of Hagerstown, to support property values,
and to encourage responsible management and use of vacant residential
structures through licensing and inspections.
As used in this chapter, the following terms shall have the
meanings indicated:
Regularly ongoing modifications to bring a structure up to
code and which involve two or more systems, including but not limited
to constructing, enlarging, altering, moving, demolishing, erecting,
installing, removing, converting or replacing any electrical, plumbing,
or mechanical system. "Active work" also includes modifications to
the structure itself.
[Added 10-25-2016 by Ord.
No. O-16-20]
A condition is blighted when it exhibits objectively determinable
signs of deterioration sufficient to constitute a threat to human
health, safety and public welfare.
City of Hagerstown, Maryland.
The Planning and Code Administration Department of the City.
[Amended 6-20-2023 by Ord. No. O-23-16]
Any person, partnership, association, company, corporation or
other entity having a legal or equitable interest in or control of
real property.
Any person who, alone, jointly or severally, shall have the
charge, care or control of any premises as executor, administrator,
trustee or guardian of the estate of the owner.
Any person having any interest in a partnership, association,
company, corporation or other entity which owns or has any ownership
interest or control of the premises.
Any person, firm, partnership, association, company, corporation
or other entity whose name appears on the deed or property tax bill
for the premises shall be deemed to be the owner of the premises.
Any single parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a vacant residential
structure or vacant blighted residential structure is located.
Not occupied as a domicile or principal residence.
[Amended 6-20-2023 by Ord. No. O-23-16]
Any residential structure, single- or multi-unit, that is
vacant with a pending action to foreclose a mortgage or deed of trust;
or is vacant with blighted conditions; or has been placarded by the
City as uninhabitable. For properties with multiple structures, such
as apartment complexes, if any individual structure meets this definition,
that structure shall be subject to the terms of this chapter.
[Amended 10-25-2016 by Ord. No. O-16-20]
Any residential structure, single or multi-unit, that has been
vacant for a continuous six-month period. For properties with multiple
structures, such as apartment complexes, if any individual structure
is vacant for a continuous six-month period, that structure shall
be subject to the terms of this chapter. For calculation of the continuous
six-month period required to satisfy the definition of "vacant residential
structure," the following periods of time shall not be included:
The one-year period immediately following the issuance of a
certificate of occupancy permit for new construction;
Any period of time during which active work is being legally
performed pursuant to a valid permit issued by the City;
The six-month period immediately following the issuance of a
certificate of occupancy permit for existing construction; or
The first year of vacancy of a nonblighted structure while being
marketed via a currently licensed real estate agent through Maryland's
Department of Labor, Licensing and Regulation.
A vacant residential structure shall not include a structure that falls within the definition of a nonresidential structure pursuant to Chapter 232 of the City Code.
It shall be unlawful for the owner(s) of any vacant residential
structure or vacant blighted residential structure to fail to apply
for and obtain a vacant residential structure license and abide by
the inspection requirements contained in this chapter.
In addition to the inspection requirements of § 233-5 of this chapter, an applicant for a vacant residential structure license shall provide the following information for each vacant residential structure or vacant blighted residential structure on the appropriate application form provided by the Department.
A.
The address of the vacant structure;
B.
The number of dwelling units contained in the structure;
C.
The name, street, address and telephone number of all owners of the
vacant structure;
D.
If the owner of the vacant residential structure is not an individual,
the applicant shall provide the name, street address, resident agent,
resident agent address and telephone number;
E.
The name, street address and telephone number of a designated contact
person for the owner(s);
F.
A certificate of property insurance in the amount equivalent to or
greater than the assessed tax value; and
G.
H.
Payment for said license shall be due in full from the owner within 30 days from the application mailing. Failure to remit payment in full may result in collection pursuant to Article III, Tax Liens, § 223-11, of the City Code, or by other civil proceeding.
I.
When a vacant blighted residential structure is purchased by a bona
fide purchaser for value who promptly registers the structure in the
vacant structures program in accordance with the requirements of this
chapter, the license fee may be refunded if the owner is issued building
permits for comprehensive renovation of the structure within six months
of purchase.
[Added 10-25-2016 by Ord.
No. O-16-20]
J.
Blight
classification or reclassification will be determined annually. The
owner may file a written request for blight reclassification with
the Department on or before the 30th calendar day after the date of
initial application or renewal application. The request for reclassification
must include an on-site meeting with the Department granting access
to the exterior and interior of the structure for a reclassification
evaluation.
[Added 6-20-2023 by Ord. No. O-23-16]
K.
Blight
classification or reclassification shall be stayed during the pendency
of a request for reclassification under this section.
[Added 6-20-2023 by Ord. No. O-23-16]
L.
Blight
classification or reclassification shall remain in effect for the
license time period.
[Added 6-20-2023 by Ord. No. O-23-16]
A.
In connection with the application requirements contained in § 233-4 of this chapter, the exterior of the vacant structure shall be inspected at the time of initial application and on an annual basis thereafter. Required reinspections for noted conditions shall be as directed by the Department.
C.
All inspections conducted hereunder shall be conducted by the Department and shall be performed to ensure compliance with all applicable property maintenance, fire and other City codes for vacant, unoccupied structures and § 233-6 of this chapter.
D.
In the event that any noted violations are not corrected at the time
of the reinspection requested by the owner or the owner's agent, or
the premises is not safely accessible, the Code Official may impose
a reinspection fee as established by the City of Hagerstown's fee
schedule for each additional visit for the same violation.
[Added 10-25-2016 by Ord.
No. O-16-20]
In addition to the inspection requirements of § 233-5 of this chapter, an owner of a vacant residential structure or vacant blighted residential structure shall maintain the structure to the following neighborhood standards, which are based on crime prevention through environmental design.
A.
C.
All windows shall have lift and slide protection.
D.
All shrubbery, hedges, trees or similar vegetation shall be maintained
so that a clear view of the entry doors from the public sidewalk or
street is not impeded.
Upon receipt of a completed application form and full payment of the appropriate fee, the Department shall, within 30 days, issue a license for the subject vacant residential structure or vacant blighted residential structure, unless such license is or was denied, suspended or revoked pursuant to § 233-8 hereof. Said license shall expire on its anniversary date, and shall be renewable annually, with application for said renewal being made at least 60 days prior to the expiration date of the then-current license. License renewal shall be made on the form provided by the Department.
[Amended 6-20-2023 by Ord. No. O-23-16]
A vacant residential structure license may be denied, revoked or suspended at any time by the Department if, after receipt of a notice of violation, the owner fails to eliminate violations of the applicable code sections (including § 232-6) identified during any inspection within the time ordered in the notice. Denial, revocation or suspension of a vacant residential structure license shall be in addition to, and not in substitution of the penalties provided for in § 233-10 of this chapter. Said denial, revocation or suspension may be appealed within 20 days pursuant to Chapter 10 of the Code to the Board of Code Appeals.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstance is
held to be invalid, such invalidity shall not effect the other provisions
or applications of this chapter which can be given effect without
the invalid provision or application.
In addition to the sanctions outlined in § 233-8 hereof, any owner violating the provisions of this chapter shall be guilty of a municipal infraction and subject to a fine of up to $500. Each day a structure is not in compliance with this chapter shall be deemed a separate and distinct violation.
