[HISTORY: Adopted by The Commissioners of St. Michaels 10-26-2005
by Ord. No. 320. Amendments noted where applicable.]
A.
The Commissioners of St. Michaels find that:
(1)
The Town, being an urbanized area, is subject to the
physical and social problems associated with high-density population and land
usage;
(2)
Deteriorated properties and/or demolition and/or construction
projects left inactive and uncompleted for significant periods of time have
become a more frequent condition in the Town;
(3)
Such deteriorated properties and/or inactive and uncompleted
demolition and/or construction projects pose a significant threat to the health,
safety, and general welfare of the citizens of the Town, in that they include
unprotected dangerous physical conditions, constitute an unprotected fire
hazard, attract the homeless without adequate sanitary facilities, provide
habitat for vermin, and constitute an attractive nuisance;
(4)
Deteriorated properties and/or inactive and uncompleted
demolition and/or construction projects have a direct detrimental impact on
the value, care, and character of the neighborhoods in which they are allowed
to exist and on the entire Town;
(5)
The existence of deteriorated properties and/or inactive
and uncompleted demolition and/or construction projects for an unnecessarily
extended period of time is contrary to the image that the Town wishes to maintain,
and is detrimental to the economy and property values in the Town; and
(6)
The present and prospective health, safety, and welfare
of the citizens of the Town will be promoted by the regulation of deteriorated
properties and/or inactive and uncompleted demolition and/or construction
projects as provided by this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A person designated by the owner of a property, in a notarized document
signed by the owner and submitted to the Town, as responsible for managing
that property in the owner's behalf.
Blight shall consist of any one or more of the following conditions
on a property:
Inactive and uncompleted construction that for more than 180 days has
not substantially advanced towards completion of the work included in the
building permit;
In the case of a building permit for partial demolition and reconstruction,
failure to begin reconstruction within 180 days after exterior demolition
began;
Structures or appurtenances whose state of disrepair is determined to
be detrimental to the health, safety, or welfare of adjacent and neighboring
properties and their occupants, insofar as the structures or appurtenances:
A person appointed by The Commissioners of St. Michaels to perform
the duties of codes enforcement.
The person, persons, or entity designated in the land records of
Talbot County, Maryland, as holding legal title to the property.
Land and the improvements located thereon or appurtenant thereto.
Except as otherwise provided in this chapter, the owner of a property
that is located in the Town shall not cause or permit that property to be
blighted. For the purposes of this chapter, a property is blighted if any
condition exists on that property that is defined by this chapter as a blighted
condition.
A.
This chapter shall apply to all structures in the Town
of St. Michaels except for dwellings occupied by their owners as the owner's
primary residence.
A.
The determination as to whether a property is in violation of § 96-3 of this chapter shall be made by the Codes Enforcement Officer. The determination shall be based on a visual inspection of the property.
B.
If a property is determined to be in violation of § 96-3 of this chapter, the Codes Enforcement Officer shall provide written notice to the owner of the property. The notice shall describe the violations on the property and shall state in general terms what is necessary to remedy the described violations. The property shall be posted with a statement that a violation of this chapter has occurred; the posted statement shall include contact information for the Codes Enforcement Officer.
C.
Notice shall be deemed to have been served upon the property
owner if either of the following has occurred:
(1)
The written notice of Subsection B has been mailed to the owner, at the address listed in the current real estate tax records of the Town relating to the property that is the subject of the notice, through the U.S. Postal Service by certified mail (return receipt requested), with a copy mailed first-class; or
D.
From the date the written notice is deposited in the
mail or hand-delivered to the owner, the owner shall have 20 days to submit
a plan to remedy the violations listed in the notice. The plan shall be in
writing, and dated and signed by the owner. For each violation listed in the
notice, the plan shall include a date by which the violation shall be remedied.
The plan shall be submitted in person by the property owner or his/her authorized
agent, at an appointed time arranged with the Codes Enforcement Officer.
(1)
At the appointment the Codes Enforcement Officer shall
determine whether the plan is acceptable. If the plan as submitted is unacceptable,
the Codes Enforcement Officer shall specify in writing the revisions necessary
to make it acceptable. If the owner/agent agrees to those revisions, the plan
shall be approved. If the owner/agent rejects those revisions, the plan shall
be disapproved. The owner/agent's agreement shall be in writing.
(2)
In the interest of achieving agreement with respect to
a submitted plan, the Codes Enforcement Officer may extend for up to 15 days
the deadline for approval or disapproval.
The Town Manager may issue regulations consistent with this chapter,
provided that such regulations are reviewed and approved by The Commissioners
of St. Michaels.
Nothing in this chapter shall be construed to relieve an owner of blighted
property, or any other person or entity, from complying with other applicable
laws relating to the development, use, rehabilitation, condition, maintenance,
or taxation of real property. The provisions of this chapter shall be in addition
to any other remedies for blight abatement set out in state law or in other
Town ordinances.
A.
A violation of this chapter shall constitute a municipal
infraction, which shall carry civil penalties. The procedures for issuing
and processing a citation for violation of this chapter shall be governed
by Town ordinances and Maryland law relative to municipal infractions. A citation
for violation of this chapter may be issued by the Codes Enforcement Officer.
B.
The civil penalties for a violation of this ordinance
shall be as follows:
(1)
If no plan is submitted within 20 days, the owner shall
be subject to a fine of $300 per day beginning on the 21st day and continuing
until a plan is submitted.
(2)
If a submitted plan is disapproved by the Codes Enforcement
Officer, the owner shall be subject to a fine of $300 per day beginning on
either the 21st day or the day following disapproval, whichever is later,
and continuing until a plan is approved.
(3)
If the violations are not remedied in accord with the
dates in the approved plan, and to the specifications in the approved plan,
the owner shall be subject to a fine of $300 per day per violation, beginning
on the first day after the completion date projected in the approved plan
and continuing until the remedy is completed. The dates in the approved plan
may be extended at the discretion of the Codes Enforcement Officer.
C.
Each day on which a violation of this chapter exists
shall constitute a separate offense. Each violation of this chapter shall
subject the owner of the property on which a violation of this chapter occurs
to a separate fine.
