[HISTORY: Adopted by the Town Council of the Town of Chesapeake
Beach 2-19-1998 by Ord. No. O-98-5 (Ch. 11, Art. III, of the 1997
Town Code). Amendments noted where applicable.]
All buildings or structures which may have any or all of the
following defects shall be deemed "Dangerous buildings":
A.
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of middle third of its base.
B.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members, or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
C.
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind, or other causes so as
to have become dangerous to life, safety, morals, or the general health
and welfare of the occupants or the people of the Town.
E.
Those which have become or are so dilapidated, decayed, unsafe, obsolete,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or are
likely to cause sickness or disease, so as to work injury to the health,
morals, safety or general welfare of those living therein.
F.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
G.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
H.
Those which have parts thereof which are so attached that they may
fall and injure the inhabitants or members of the public or their
property.
I.
Those which, because of their condition, are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of the Town or any inhabitant.
J.
Those buildings existing in violation of any provision of the building
code adopted by the Town, or any provision of the fire prevention
code, or other ordinances of the Town.
All dangerous buildings are hereby declared to be public nuisances
and shall be repaired, vacated or demolished as hereinbefore and hereinafter
provided.
A.
Violations.
(1)
The owner of any dangerous building may not fail to comply with any
notice or order to repair, vacate or demolish such building given
by any person authorized by this chapter to give such notice or order.
Each day such failure to comply continues beyond the date fixed for
compliance shall be deemed a separate offense.
(2)
The occupant or lessee in possession may not fail to comply with
any notice to vacate and fail to repair the building in accordance
with any notice given as provided for in this chapter. Each day such
failure to comply continues beyond the date fixed for compliance shall
be deemed a separate offense.
B.
Penalties. A violation of any provision or requirement of this chapter
shall constitute a municipal infraction and shall be punishable by
a fine of $500 per occurrence. Each day a violation exists shall constitute
a separate offense.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person or to property unless a dangerous building is immediately repaired, vacated or demolished, the Public Works Administrator shall report such facts to the Mayor and the Mayor shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 115-7E.
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the Town, all notices or orders
provided for herein shall be sent by certified mail, return receipt
requested, to the owner, occupant, mortgagee, lessee, and all other
persons having an interest in the building as shown by the property
tax or assessment records of the Town to be the last known address
of each, and a copy of such notice shall be posted in a conspicuous
place on the dangerous building to which it relates. The mailing and
posting shall be deemed adequate service, and acceptance of the certified
mail is not required.
The Public Works Administrator or his authorized representative
shall:
A.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
B.
Inspect any building, wall or structure reported by the Volunteer
Fire Department or the Sheriff's Department serving this Town as probably
existing in violation of the terms of this chapter.
C.
Notify in writing the occupant, owner, and all other persons having
interest in the property, as shown by the property tax or assessment
records of the Town, of any building found by him to be a dangerous
building that the owner must vacate, or repair, or demolish such building
or have such work or act done; provided that any person notified under
this subsection to repair, vacate or demolish any building shall be
given such reasonable time, not exceeding 60 days, as may be necessary
to do, or have done, the work or act required by the notice provided
for herein.
D.
Set forth in the notice provided for in Subsection C a description of the building or structure deemed unsafe, a statement of particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 60 days, as is reasonable.
F.
Appear at all hearings conducted by the Mayor and testify as to the
condition of dangerous buildings.
G.
Place a notice on all dangerous buildings reading as follows: "This
building has been found to be a dangerous building by the Public Works
Administrator of Chesapeake Beach, Maryland. This notice is to remain
on this building until it is repaired, vacated or demolished in accordance
with the notice which has been given the occupant, owner, and all
other persons having interest in the property as shown by the property
tax or assessment records of the Town of Chesapeake Beach. It is unlawful
to remove this notice until such notice is complied with."
The Housing Rehabilitation Commission shall:
A.
Upon receipt of a report of the Public Works Administrator or his authorized representative as provided for in § 115-6E, give written notice to the occupant, owner, and all other persons having interest in the property as shown by the property tax or assessment records of the Town to appear before it on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Public Works Administrator's notice provided for herein in § 115-6D.
B.
Hold a hearing and hear such testimony as the Public Works Administrator
or the occupant, owner, and all other persons having interest in the
property as shown by the property tax or assessment records of the
Town shall offer relative to the dangerous building.
C.
Make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is a dangerous building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the occupant, owner, and all other persons having interest in the property, as shown by the property tax or assessment records of the Town, to repair, vacate or demolish any building found to be a dangerous building; provided that:
(1)
Any person so notified shall have the privilege of either vacating
or repairing the dangerous building within the time period established
by the order; or
(2)
Any person who is the owner of the dangerous building, as shown by the property tax or assessment records of the Town, may demolish the dangerous building at his own risk to prevent the Town from acquiring a lien against the land upon which the dangerous building stands as provided for in Subsection E. Any such demolition will follow the guidelines enumerated by the Public Works Administrator to ensure the safety of persons and property.
E.
If the occupant, owner, and all other persons having interest in the property as shown by the property tax or assessment records of the Town fail to comply with the order provided for in Subsection D within 10 days, the Mayor shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinafter provided in § 115-9, and shall, with the assistance of the Town Attorney, cause the cost of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such cost to be added to the tax due as an assessment or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit of law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of the Town, the Mayor shall notify the Town Attorney to take legal action to force the owner to make all necessary repairs or demolish the building. In the event of a failure to comply with a demolition order within the prescribed time, the Public Works Administrator may sell the salvage and valuable materials by auction or private sale. The proceeds of such sale shall be applied first towards all costs necessary to complete the raising and removal; next to any unpaid fines or penalties of municipal infractions related to said property, if established by a court of competent jurisdiction and the period of appeal has passed; and the balance, if any, shall be paid over to the owner of the property.
The Town Attorney or his authorized representative shall:
B.
Appear at all hearings before the Mayor in regard to dangerous buildings.
C.
Bring suit to collect all municipal liens, assessments, or costs
incurred by the Mayor in repairing or causing dangerous buildings
to be vacated or demolished.
D.
Take such other legal action as is necessary to carry out the terms
and provisions of this chapter.
The following standards shall be followed in substance by the
Public Works Administrator and his authorized representative in ordering
repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired so it will no
longer exist in violation of the terms of this chapter, it shall be
ordered repaired.
B.
If the dangerous building is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated and, if deemed necessary by the
Public Works Administrator, closed by boarding or otherwise secured
to prevent entry.
C.
In any case where a dangerous building is fifty-percent damaged or
decayed or deteriorated from its original value or structure, it shall
be demolished or repaired, and in all cases where a building cannot
be repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be demolished.
D.
In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this chapter or any statute
or ordinance of the Town, Calvert County, or the state, it shall be
demolished.
The Public Works Administrator is authorized to enter any structure
or premises at any time for the purpose of making inspections and
performing duties under this chapter.
It shall be unlawful for the owner of any structure upon whom
a notice of violation has been served to sell, transfer, lease or
mortgage, or otherwise dispose of the property until the violations
have been corrected and the terms of the order have been met, or until
the owner(s) of the property furnishes the grantee, transferee, mortgagee
or lessee a copy of the notice of violation and this chapter by certified
mail, restricted delivery.
