§ 13-115. Same; Section 110, Condemnation and Demolition.

(a)

The title of Section 110 is amended to read as follows: "Condemnation and Demolition."

(b)

Section 110.1 is amended to read as follows: " 110.1 Dangerous structures. If all or part of any building or structure (including fences, billboards, and signs) or the equipment for the operation of said building or structure (including, but not limited to, the heating plant, plumbing, electric wiring, moving stairways, elevators, and fire extinguishing apparatus) is determined by the Code Official to be in an unsafe condition or otherwise poses a danger to life, limb, or property, the Code Official shall institute condemnation proceedings pursuant to the applicable provision of the Building Code or this Code pertaining to unsafe structures."

(c)

Section 110.2 is amended to read as follows: " 110.2 Abatement of unsafe conditions, infestation of rodents, or demolition of dangerous structures. In the event that the responsible party fails to comply with the lawful order of the Code Official to make safe or demolish an unsafe structure, correct a dangerous condition, or eliminate an infestation of rodents, the Code Official shall proceed when, in the Code Official's opinion, emergency action is required to abate the unsafe condition or infestation by appropriate means, including demolition and removal of dangerous structures, utilizing such public or private resources required and available. All costs incurred for such emergency action shall be paid from the Office of Finance on certificate of the Code Official, and the legal officer of the County shall institute appropriate action against the owner of the premises where the unsafe structure, infestation , or condition was located for recovery of such costs, including, but not limited to, certification of a tax lien."

(d)

Section 110.3 is amended to read as follows: " 110.3 Razing structures declared abandoned for residential use. Any dwelling unit declared abandoned for residential use, except for historic sites, must either be made habitable or utilizable within three (3) months of notice of violation, a copy of which shall be transmitted to the Historic Preservation Commission, or the structure will be razed as a dangerous structure. The Board of Appeals shall not have jurisdiction to grant a variance or waive this Section except upon a finding that litigation is pending in the courts and is actively being pursued, which litigation should finally determine legal ownership of the subject property, or upon a finding that litigation is pending regarding disposition of an insurance claim arising from the subject property."

(e)

Section 110.4 is amended to read as follows: " 110.4 Condemnation of open, hazardous residential buildings. If the Code Official determines that a residential building three (3) stories or less in height is open and vacant and is an immediate and continuing hazard to the community in which the building is located, then the Code Official shall be authorized to post a notice of not less than two (2) feet by two (2) feet in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired, or enclosed, and unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the building may be demolished, repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials may be removed by the County.

Not later than thirty (30) days following the posting of the notice, the Code Official shall:

1.

Cause to be sent, by certified mail, a notice to all owners of record of the property stating the intent of the County to demolish, repair, or enclose the building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if action is not taken by the owner;

2.

Cause to be published, for three (3) consecutive days, in a newspaper of record, notice setting forth the address of the building; a description of the real estate sufficient for its identification; a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community; and a statement that the County intends to demolish, repair, or enclose the building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner fails to do so; and

3.

If a building is an identified historic resource on the Adopted and Approved Historic Sites and District Plan of Prince George's County, Maryland, cause a copy of the notice to be sent to the Historic Preservation Commission and demolition shall not be authorized without the approval of the Historic Preservation Commission.

A person objecting to the proposed actions of the County may file an objection in an appropriate form in a court of competent jurisdiction. If the building is not demolished, repaired, or enclosed, or the garbage, debris, or other hazardous, noxious, or unhealthy substances or materials are not removed within thirty (30) days of mailing the notice to the owners of record, or within thirty (30) days of the last day of publication of the notice, whichever is later, the Code Official shall have the power to demolish, repair, or enclose the building, or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials.

The County may proceed to demolish, repair, or enclose a building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this Section, within a 120 day period following the date of the mailing of the notice if the Code Official determines that removal of the hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, before the Code Official proceeds with any of the actions authorized by this Section, a person has initiated legal action under this Division in a court of competent jurisdiction and has served a copy of the complaint on the County, then the County shall not proceed with the demolition, repair, enclosure, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials until the court determines that action is necessary to remedy the hazard and issues an order authorizing the County to do so."

(CB-39-2001; CB-78-2012)