§ 13-246.01. Condemnation of open, hazardous structures.

(a)

If the Director determines that a structure is open and vacant, constitutes a public nuisance, and is an immediate and continuing hazard to the community in which the property is located, then the Director shall be authorized to post a notice of not less than two feet by two feet in size on the front of the structure. The notice shall be dated as of the date of the posting and shall state that unless the structure is demolished, repaired, or enclosed, and unless any garbage, refuse, 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 structure may be demolished, repaired, or enclosed, or any garbage, refuse, and other hazardous, noxious, or unhealthy substances or materials may be removed by the County.

(b)

Not later than 30 days following the posting of the notice, the Director shall do all of the following:

(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, refuse, or other hazardous, noxious, or unhealthy substances or materials if that action is not taken by the owner;

(2)

Cause to be published, for three consecutive days, in a newspaper of record a notice setting forth:

(A)

The address of the property or structure or description of the real estate sufficient for its identification;

(B)

A statement that the property is open and vacant and constitutes a public nuisance and an immediate and continuing hazard to the community; and

(C)

A statement that the County intends to demolish, repair, or enclose the building, or remove any garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials if the owner fails to do so;

(3)

If a structure 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 approval of the Historical Preservation Commission.

(c)

A person objecting to the proposed actions of the County may file his or her objection in an appropriate form in a court of competent jurisdiction.

(d)

If the structure is not demolished, repaired, or enclosed, or the garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials are not removed within 30 days of mailing the notice to the owners of record, or within 30 days of the last day of publication of the notice, whichever is later, the Director shall have the power to demolish, repair, or enclose the structures, or to remove any garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials.

(e)

The County may proceed to demolish, repair, or enclose a structure or remove any garbage, refuse, 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 Director determines that the demolition, repair, enclosure, or removal of any garbage, refuse, or other hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, however, before the Director proceeds with any of the actions authorized by this Section, any person has initiated an action under this Section 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, refuse, or other substances until the court determines that action is necessary to remedy the hazard and issues an order authorizing the County to do so.

(f)

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 being actively pursued.

(CB-11-1999)