§ 11-161. Orders to abate dangerous conditions.

(a)

Ordering dangerous materials or conditions removed. Whenever the Fire Chief or authorized representative shall find any building or other structure which, for want of repairs, lacks sufficient fire escapes, automatic or other fire alarm apparatus or fire suppression equipment or, by reason of age or dilapidated conditions or from any other cause, is liable to fire so as to endanger other property or the occupants thereof, and, whenever the Fire Chief or authorized representative shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, the Fire Chief or authorized representative shall order such dangerous conditions or materials to be remedied or removed immediately. Such conditions or materials shall include, but are not limited to:

(1)

Dangerous conditions which are liable to cause or contribute to the spread of fire in or on said premises, building, or structure, or endanger the occupants thereof;

(2)

Conditions which would interfere with the efficiency and use of any fire protection equipment;

(3)

Obstruction to or on fire escapes, stairs, passageways, exit ways, doors, or windows liable to interfere with the egress of occupants or the operations of the Fire/EMS Department in case of fire;

(4)

Dangerous accumulations of dust or waste material in air conditioning or ventilating systems or the grease in the kitchen or other exhaust ducts;

(5)

Dangerous accumulations of grease in kitchen cooking equipment, or oil, grease, or dirt upon, under, or around any mechanical equipment;

(6)

Dangerous accumulations of rubbish, waste, paper, boxes, shavings, or other combustible materials;

(7)

Hazardous conditions arising from defective, inadequate, or improperly used or installed electrical wiring, equipment, or appliances;

(8)

Hazardous conditions arising from defective, inadequate, or improperly installed equipment for handling or using combustible, flammable, explosive, or otherwise hazardous substances;

(9)

Dangerous or unlawful amounts of combustible, flammable, explosive, or otherwise hazardous substances;

(10)

Reduced effectiveness of any fire wall, fire separation wall, fire partition, or any opening protective assembly provided therein;

(11)

Hazardous conditions arising from defective or improperly installed or maintained fire protection systems, internal communications systems, or fire ventilation systems; or

(12)

In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy or where access for fire apparatus is unduly difficult, additional safeguards may be required by the Fire Chief or authorized representative consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection from the hazard involved. Such devices or appliances may include, but are not limited to, automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam, or other special fire extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable standards of the National Fire Protection Association listed in Section 11-253. Where the special hazard arises from the mere possibility of fire (such as, but not limited to, a cylinder of poison gas), other appropriate safeguards or protective equipment may be required.

(b)

Vacating of premises; locking, latching, or securing premises. Whenever the Fire Chief or authorized representative shall find any building or other structure which, for want of repairs, or because of damage done by storm, fire, explosion, natural wear and tear, or other causes of damage or deterioration, is in such condition as to constitute an immediate and present danger to life, property, or public safety, the Fire Chief or authorized representative is authorized to order the premises vacated immediately, if occupied, and is further authorized to post notice on the property and to order the property locked and boarded to prevent any person from entering onto the premises. If the unsafe and dangerous conditions are not corrected in accordance with the order of the Fire Chief or authorized representative and no appeal has been taken as provided in this Subtitle, the building or structure may be secured and boarded by the County or may be removed by the County, whichever shall be required to remedy the unsafe condition. If the owner has not maintained or has been unable to maintain the building in a safe, locked, and boarded condition as previously ordered, the Fire Chief or authorized representative may order the demolition of the building, the filling of any excavation, and the clearing of the property so that it will be in a safe condition. The cost of removal or securing by the County shall be charged to the owner of the property in the manner of taxes, and such charge shall be a lien on the property. The cost to the County for removal or securing may also be collected as other debts.

(c)

Notice and order generally. Whenever the Fire Chief or authorized representative shall issue a notice and order directed to the owner of record of a building to abate a dangerous condition, the notice and order shall contain:

(1)

The street address and legal description sufficient for identification of the premises upon which the building is located;

(2)

A statement that the Fire Chief or authorized representative has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous;

(3)

A statement of the action required to be taken as determined by the Fire Chief or authorized representative;

(4)

A statement advising that if any required repair or demolition work is not commenced within the time specified the Fire Chief or authorized representative may proceed to cause the work to be done and charge the costs thereof against the property or its owner; and

(5)

A statement advising:

(A)

That any person having any record title or legal interest in the building may appeal from the notice and order to the Board of Appeals, provided that the appeal is made in writing as provided in this Code and filed within ten (10) days from the date of service; and

(B)

That failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter.

(d)

Method of service of notice and order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address as it appears on the last assessment roll of the County or as known to the Fire Chief or authorized representative. If no address of any such person so appears or is known to the Fire Chief or authorized representative, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings, and a copy shall be posted at or near the main entrance to the building. In addition, a copy shall be posted at the door of the Prince George's County Courthouse in Upper Marlboro, Maryland, or on a bulletin board in the immediate vicinity thereof. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of the mailing.

(e)

Posting and form of notice to vacate. Every notice to vacate shall be served as provided in Subsection (d) of this Section, be posted at or upon each exit of the building, and be in substantially the following form:

(f)

Compliance with notice to vacate. Whenever such notice is posted, the Fire Chief or authorized representative shall include a notification thereof in the notice and order issued by him or her under Subsection (e) of this Section reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building that has been so posted, except that entry may be made to repair or demolish.

(g)

Stay of notice and order during appeals. Except for orders to vacate, enforcement of any notice and order of the Fire Chief or authorized representative issued under this Section shall be stayed pending an appeal therefrom which is properly and timely filed.

(h)

Failure to obey order. After any order of the Fire Chief or authorized representative or the Board of Appeals made pursuant to this Section shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

(i)

Authority of the Fire Chief or authorized representative on failure to obey final order. If, after any order of the Fire Chief or authorized representative or the Board of Appeals made pursuant to this Section has become final, and the person to whom such order is directed shall fail, neglect, or refuse to obey such order, the Fire Chief or authorized representative may cause such person to be prosecuted under Subsection (h) of this Section, or institute any appropriate action to abate such building as a public nuisance, or both.

(j)

Extensions. Upon receipt of any application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Fire Chief or authorized representative may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days within which to complete said repair, rehabilitation, or demolition if the Fire Chief or authorized representative determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The authority of the Fire Chief or authorized representative to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order.

(CB-107-1979; CB-80-2006)