[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 4-27-2004 by Ord. No. 2004-15. Amendments noted
where applicable.]
The purpose of this chapter is to authorize
the City of Hagerstown to acquire blighted properties and to subsequently
dispose of said properties thereby promoting public health, safety,
and welfare, and facilitating the use and enjoyment of property.
A.
Pursuant to Maryland law and the Charter of the City
of Hagerstown, the City may:
(1)
Subject to the provisions of Subsection D of this section, acquire, within the corporate limits of the City of Hagerstown, land and property of every kind, and any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, condemnation or any other legal means, for development or redevelopment, including, but not limited to, the comprehensive renovation or rehabilitation thereof; and
(2)
Sell, lease, convey, transfer or otherwise dispose
of any of said land or property, regardless of whether or not it has
been developed, redeveloped, altered or improved and irrespective
of the manner or means in or by which it may have been acquired, to
any private, public or quasi-public corporation, partnership, association,
person or other legal entity.
B.
No land or property taken by the City for any of the
aforementioned purposes, or in connection with the exercise of any
of the powers authorized hereunder, shall be taken without just compensation,
as agreed upon between the parties or awarded by a jury, being first
paid or tendered to the party entitled to such compensation.
C.
All land or property needed, or taken by the exercise
of the power of eminent domain, by the City for any of the aforementioned
purposes, or in connection with the exercise of any of the powers
authorized hereunder, is hereby declared to be needed or taken for
a public use or a public benefit.
D.
Before the acquisition of any single-family or multiple-family
dwelling unit, or other structure, is made under this chapter, a finding
or determination shall be made that:
(1)
The dwelling unit or structure has deteriorated to
such an extent as to constitute a serious and growing menace to the
public health, safety and welfare;
(2)
The dwelling unit or structure is likely to continue
to deteriorate unless corrected;
(3)
The continued deterioration of the dwelling unit or
structure will contribute to the blighting or deterioration of the
area immediately surrounding the dwelling unit or structure; and
(4)
The owner of the dwelling unit or structure has failed
to correct the deterioration thereof.
E.
The City shall adopt an ordinance for each acquisition
of land or property made under the provisions of this chapter.
The provisions of this chapter are severable,
and if any provision, sentence, clause, paragraph or part hereof is
held or determined to be illegal, invalid or unconstitutional or inapplicable
to any person or circumstances, such illegality, invalidity or unconstitutionality
or inapplicability shall not affect or impair any of the remaining
provisions, sentences, clauses, paragraphs or parts of this chapter
or their application to other persons or circumstances.
