Queen Annes County, MD Condemnation; Enforcement

When a structure or part of it or its premises is found by the Code Official to be unsafe or unfit for human occupancy or use, the Code Official may condemn the structure or part of it and may order the structure or part of it to be placarded and vacated in accordance with the provisions of this chapter.

The structure or part of it or its premises may not be reoccupied without approval of the Code Official.

Unsafe equipment may be condemned, placarded, and placed out of service in accordance with the provisions of this chapter.

Unsafe structure or premises. An "unsafe structure or premises" means a structure or premises that the Code Official finds all or part of which to be dangerous to life, health, property, or the safety of the tenants because:

It fails to provide minimum protection from fire; or

It is so damaged, decayed, dilapidated, structurally unsafe, or has such faulty construction or an unstable foundation that it is likely to collapse, partially or completely.

Unsafe equipment.

Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure that is in such disrepair or condition that the Code Official finds it to be a hazard to life, health, property, or safety of the tenants of the premises or structure.

Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.

Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the Code Official finds that it:

Is unsanitary;

Is vermin or rodent infested;

Contains filth or contamination; or

(4)

Lacks ventilation, illumination, sanitary or heating facilities, or other essential equipment required by this chapter.

Closing of vacant structures.

Upon failure of a property owner to close or vacate a premises within the time specified in an order, the Code Official may cause the premises to be closed through a public agency or by contract or arrangement with private persons.

The cost shall be charged against the real estate upon which the structure is located and shall be a lien upon the real estate.

§ 15-14 Failure to make repairs.

Repairs by Code Official. The Code Official may make repairs required by an issued final order if:

The owner or operator of the structure and its premises fails, neglects, or refuses to make repairs required by the final order;

The Code Official determines failure to make the repairs will endanger the public health, safety, or welfare; and

The Code Official determines that the cost of the repairs will not exceed 85% of assessed value of the structure after the repairs are completed.

Notice. The Code Official shall serve a notice of intention to make the repairs on the owner or other person in charge in accordance with § 15-16B(1) of this chapter.

Entry. The owner or operator of a structure and its premises who has received notice of the intention of the Code Official to make repairs shall give entry and free access to the agent of the Code Official for the purpose of making the repairs. An owner or other person in charge of a structure and its premises who refuses, impedes, interferes with, hinders, or obstructs entry by the agent under a notice of intention to make repairs is subject to a criminal penalty as provided in § 15-17D of this chapter.

Costs. When repairs are made at the direction of the Code Official, the cost of the repairs shall be levied, collected, and enforced in the same manner as County real property taxes and shall have the same priority rights, bear the same interest and penalties, constitute a lien on the real property so assessed, and be treated the same as County real property taxes.

§ 15-15 Demolition.

Structures and accessory structures. The Code Official shall declare to be unfit for human habitation and order to be demolished:

A vacant structure or accessory structure, the existence of which is determined by the Code Official to be detrimental to the public health, safety, or welfare; and

A structure or accessory structure that the Code Official determines:

Is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested as to create a hazard to the health, safety, and welfare of the occupants or of the public; and

Not to warrant repair under § 15-14 of this chapter.

Notice. The owner of a structure that has been determined to be unfit for human habitation and ordered to be demolished by the Code Official shall be given notice of this determination in the manner provided for service of notice in § 15-16B(1) of this chapter and shall be given a reasonable time to remove the structure.

Demolition order; preparation; costs. When the owner fails, neglects, or refuses to remove the unfit structure within the specified time, the Code Official may apply to a court of competent jurisdiction for a demolition order. On receipt of the demolition order, the Code Official shall request the Department of Public Works to prepare the demolition. The demolition work shall be performed by the person awarded a contract for the work in accordance with the laws of the County. The cost of demolition shall be a lien in favor of the County against the subject property in the same manner and with the same rights, priority rights, interest, and penalties as the County real property tax.

Removal of debris and filling the excavation. Demolition, whether carried out by the owner or by the Code Official, shall include the removal of the debris resulting from the demolition and the filling in of the excavation remaining on the property on which the demolished structure was located in a manner as to eliminate potential danger to the public health, safety, or welfare arising from the excavation.

§ 15-16 Notices and orders.

In general.

When the Code Official determines that a violation of this chapter has occurred, or has reasonable grounds to believe that a violation has occurred, or when the Code Official has determined to condemn a structure, or part of it, or equipment under the provisions of § 15-13 of this chapter, notice shall be given to the property owner and to the tenant in the manner prescribed in this chapter.

If the Code Official has condemned the structure or part of it, or equipment, the Code Official shall serve prior notice to the property owner and to the tenants of the intent to:

Order the structure or part of it placarded or vacated; or

Order the equipment placed out of service.

Service of notice.

Notice shall be deemed to be properly served upon a property owner or tenant by one of the following methods:

By delivering to the person to be served or the person's agent a copy of the notice and all other necessary papers; or

By mailing to the person to be served at the person's last known address or to the person's agent by certified or registered mail with return receipt requested a copy of the notice and all other necessary papers.

If the certified or registered letter is returned with receipt showing that it has not been delivered, notice shall be served by posting a copy of it in a conspicuous place in or about the structure affected by the notice.

Notice to vacate. When a condemnation order is served on a tenant, the tenant shall be given a reasonable time to vacate the structure in accordance with County law.

Transfer of ownership. A property owner who has received a compliance order or who has been served a notice of violation may not sell, transfer, mortgage, lease, or otherwise dispose of the premises until:

The provisions of the compliance order or notice of violation have been complied with; or

The property owner furnishes to the grantee, transferee, mortgagee, or lessee a true copy of the compliance order or notice of violation issued by the Code Official; and

the property owner furnishes to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of the compliance order or notice of violation and stating that the grantee, transferee, mortgagee, or lessee fully accepts and assumes the responsibility without condition for making the corrections or repairs required by the compliance order or notice of violation.

Removal of placard. A property owner may not deface or remove a condemnation placard without the approval of the Code Official.

§ 15-17 Civil enforcement; civil and criminal penalties.

Enforcement. The Code Official may enforce the provisions of this chapter through injunctive, mandamus, or other appropriate relief.

Forms of relief. A court of competent jurisdiction may issue a restraining order, interlocutory or final injunction, mandamus, or other form of relief to restrain or correct violations of this chapter.

Civil penalty.

A person who violates any provision of this chapter is subject to a civil fine.

A person served with a notice and order who fails to comply with the notice and order is subject to a civil penalty of $25 a day.

Each day that a violation continues constitutes a separate offense.

Criminal penalty.

A person who violates any provision of this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both.

Each day a violation continues constitutes a separate offense.

§ 15-18 Reconsideration; informal conferences.

Reconsideration. A person aggrieved by a notice of the Code Official issued in connection with an alleged violation of this chapter or by an order requiring repair or demolition issued under § 15-14 or 15-15 of this chapter may apply to the Code Official for a reconsideration of the notice or order within 21 days after it has been issued.

Informal conference.

Within 14 days after receiving the application for a reconsideration, the Code Official shall specify a time and place for an informal conference on the matter.