[Added 11-30-2011 by Ord. No. 17-11]
A.
Purpose.
The Mayor and Council find that a building or structure that is vacant
has the potential of promoting neglect, waste and blight if not properly
maintained by the owner, and furthermore a building or property should
appear to the maximum extent possible as if it is occupied despite
the contrary and avoid detracting from adjacent or nearby property
values or otherwise should not become a financial burden to the Town.
The purpose of this section is to protect the public health, safety
and the general welfare of the citizens of the Town of Forest Heights
and to assist the Town government in monitoring the number of vacant
buildings in the Town, to assess the effects of the condition of those
buildings on nearby residences and businesses, particularly in light
of fire safety hazards and unlawful, temporary occupancy by transients
or persons that may be engaged in criminal activities, and to promote
the general appearance of the community and rehabilitation of such
vacant buildings.
B.
Definitions.
A building or structure shall be considered "vacant" under this section
whenever the building or structure remains unoccupied for a period
of 60 days or whenever said building, structure or land thereof is
both unoccupied for any period of time and has been cited for any
violation of this Ordinance Code. A "building or structure" within
the scope of this section shall mean a commercial building or dwelling
unit intended to be regularly occupied by people for work, recreation,
business or habitation.
C.
Notice.
Whenever the Code Enforcement Officer or a sworn police officer of
the Town provides written notice to the owner of the existence of
a vacant building or dwelling, the owner shall within 10 days of such
notice register said structure with the Forest Heights Police Department.
Should a violation already exist regarding the premises, said officer
shall specify in the notice the existence of such violation or infraction.
This registration and payment of any fee, as otherwise provided in
this section, must be renewed at the end of a six-month period or
sooner should title be conveyed to a new owner and should said structure
remain a vacant building.
D.
Citation.
Should the owner fail to respond to such notice of vacancy by filing
a registration statement and paying the registration fee or providing
any other information or performing any task, duty or obligation required
by this section, including submission of a vacant building plan, the
Code Enforcement Office or a sworn police officer may issue a municipal
infraction citation to the owner pursuant to Article 23 of this Ordinance
Code. Should an owner fail to renew a vacant building registration,
he shall be issued a municipal infraction citation for a violation
of this section.
E.
Other
general requirements of vacant building owners. Vacant building owners
shall have the following duties and obligations:
(1)
Register and maintain their abandoned or vacant properties in accordance
with this Article and all other applicable provisions of this Ordinance
Code and any applicable state, Washington Suburban Sanitary Commission
and county laws or regulations;
(2)
If the owner of the property is a business entity and/or mortgagee,
the owner shall contract with the owner's local agent to perform
monthly or periodic inspections of the property in accordance with
the applicable vacant building plan;
(3)
Immediately inform the Police Department and the Code Enforcement
Officer of any change in ownership or an action in foreclosure status
consistent with Article 8 of this Ordinance Code;
(4)
Adherence to this Article does not relieve the owner of any applicable
obligations or duties set forth within any covenants, conditions and
restrictions recorded in the land records;
(5)
Maintain their abandoned property in a secure manner so as not to
be accessible to unauthorized persons;
(6)
Filling in, closing or otherwise securing any excavations, swimming
pools or other hazards attractive to children;
(7)
Repairing and securing broken windows, doors, fences, gates, and
lights; and
(8)
Complying with and performing any other reasonable requirements or
tasks placed in the vacant building plan to achieve the purposes and
requirements of this Article.
F.
Statement
of vacant building plan. At the time the building or structure is
registered as required by this section, the owner shall submit to
the Forest Heights Police Department a statement of plan. The plan
shall include at least the following information:
(1)
Name, address and telephone number of the owner;
(2)
Name, address, and telephone number of any local agent or representative;
(3)
Names, addresses, and telephone numbers of all persons having any
ownership interest in the building or premises, including any mortgagees;
(4)
The common street address of the property and tax identification
number;
(5)
Date on which the building or structure became vacant;
(6)
The length of time the owner expects the building to remain vacant;
(7)
A grant of permission signed by the owner or his agent and plan of
access of sufficient frequency to allow entry to the interior by the
Code Enforcement Officer or a sworn police officer to ensure the premises
is in good repair, structurally sound, sanitary and weatherproof;
(8)
A vacant building plan statement including the proposed rehabilitation
or improvements and maintenance to be made to the structure so as
to make the structure safe, suitable and presentable for its intended
use and a description of what will be done to secure the structure
so that it will not become open to the general public. Said plan shall
also include a schedule to address any existing infractions and to
repair any doors, fences, windows or other openings which are boarded
up or otherwise secured by any means other than conventional methods
used in the design of the building or permitted for new construction;
(9)
Whenever the owner proposes to demolish the vacant building, the
owner shall include in said plan a time schedule for such demolition
and obtain the necessary permit(s) as required by other law; and
(10)
Any other information, duty or obligation deemed reasonable and necessary
by the Town as is consistent with this Article.
G.
Registration
fees. If the registration is for a building designated as other than
a single-family dwelling, it shall be accompanied by a filing fee
of $500. If the building is designated as a single-family dwelling,
it shall be accompanied by a filing fee of $250. Should the building
or structure remain in compliance with this Ordinance Code and the
vacant building plan after the initial six-month term of registration,
the renewal fee shall be reduced to 50% of the initial fee. Any fees
required by this section may be modified from time to time by written
resolution of the Town Council.
H.
Failure
to submit or comply with plan; administrative review.
(1)
Should the owner fail to submit a vacant building plan or comply
therewith in a manner that is acceptable to the Code Enforcement Officer
or the interim Code Enforcement Officer as required by this Article,
such official shall develop or modify the plan and give notice of
the plan to the vacant building owner or agent.
(2)
The Code Enforcement Officer may place conditions in or add provisions
to the plan consistent with this section or that mandate compliance
with certain timelines to address any outstanding violations of this
Ordinance Code or any other applicable county or state law, or regulation,
whether previously cited or not.
(3)
If the owner or agent objects to the plan made by said Code Enforcement
Official, such owner or agent shall have the right of appeal to the
Mayor, a hearing officer or other administrative body appointed by
the Mayor with the consent of Council for a final determination. Such
appeal shall be in writing, accompanied by a fee of $50 and personally
delivered or sent by certified mail, return receipt requested, to
the Code Enforcement Officer within 15 calendar days of the date of
the Code Enforcement Officer's notice of modification or approval.
If no appeal is filed in a timely manner, the plan as modified shall
constitute the approved vacant building plan.
(4)
Failure to comply with the vacant building plan shall constitute
a violation of this section and subject the owner to a municipal infraction
citation as provided in this section. In the event that the Code Enforcement
Officer shall deem it fit to later modify the plan due to initially
unforeseen circumstances that have become evident over time, the plan
may be further amended after notice and an opportunity for review
as provided in this subsection.
I.
Inspections.
In cases where the vacant building plan does not expressly grant permission
to conduct an interior inspection or in the absence of an actual emergency
that would permit a warrantless search, the owner of a vacant building
shall permit inspection of the premises by the Code Enforcement Officer,
a sworn police officer and/or fire officials to allow such officials
to ascertain whether the building will support entry by police and
fire personnel in cases of future emergency. Should a registered owner
deny a request for access to a vacant building, the denial shall constitute
revocation of any applicable registration and the owner shall be subject
to a municipal infraction citation as provided in this section.
J.
Placarding.
The owner or agent of the registered vacant building shall place a
Town-provided identification placard on the building's exterior
as directed by the Chief of Police so as to be clearly visible from
the front door area of the building. Such identification placard shall
be kept in readable condition by the owner or agent and shall provide
the following information: owner's name, local agent's name,
if any, address, phone number, and expiration date of registration.
K.
Other
enforcement. The registration of a vacant building or structure shall
not preclude action by the Town to force abatement, repair or maintenance
of any building or structure, or to initiate condemnation and demolition
of the building or structure pursuant to other provisions of this
Ordinance Code or other law. The cost of these actions shall be paid
for by the owner. The Town shall send the owner a bill for the costs
of such work by certified mail, return receipt requested, and by regular
mail to the owner's last known address or by any other means
reasonably calculated to bring the bill to the owner's attention.
Should the owner fail to pay the bill within one month after it is
presented or mailed, the cost shall be considered a lien against the
property and may be collected in the same manner as real property
taxes. Nothing in this section shall be construed to limit the Town
from seeking any other legal damages or equitable and declaratory
relief to enforce this Ordinance Code in a court of general jurisdiction
in this state.
[Added 11-30-2011 by Ord. No. 17-11]
A.
Permit
required. No person, firm, association or corporation shall erect,
install, place, or maintain boards, or plywood over the doors, windows,
or other openings of any building or structure or otherwise secure
such openings by any means other than the conventional method used
in the original construction and design of the building or structure
without first obtaining a boarding permit from the Code Enforcement
Officer.
B.
Showing
good cause for permit required.
(1)
The Mayor and Council find that the preferred method of securing
a building is from the interior or in a manner that does not readily
give the appearance from a public right-of-way that the building or
structure is vacant or abandoned.
(2)
A boarding permit or renewed boarding permit may not be granted or
renewed for any period except upon demonstration that good cause for
the approval exists. "Good cause" shall require a showing by the owner
or agent that the permit is made necessary by conditions or events
beyond the owner's control, such as inability to obtain financing
for repair or rehabilitation, inability to locate a suitable buyer,
unanticipated delays in construction, rehabilitation, or demolition,
or unanticipated damage to the property. In addition, where appropriate,
"good cause" shall also require a showing by the owner that the owner
has exercised reasonable and due diligence in attempting to complete
the needed repair, rehabilitation or demolition or is attempting to
sell the property.
(3)
In the event that the Code Enforcement Officer determines that there
exists good cause to issue or renew the permit and that all other
conditions in this section are met, the permit may be issued for a
period of up to, but not more than, six months, subject to renewal.
C.
Exceptions.
(1)
A boarding permit shall not be required in circumstances involving
temporary emergency situations, including but not limited to damage
caused by vandalism, fire, theft and extreme weather or hurricane
preparation. A temporary boarding that exceeds 30 days shall require
a boarding permit.
(2)
Any properties with exterior boarding of windows and doors existing
on the effective date of this section shall have six months to make
application for a boarding permit pursuant to this section.
D.
Fee.
The fee for a boarding permit shall be $200 for a single-family dwelling
and $400 for all other buildings or structures, except for small storage
or other outbuildings which shall require a permit but no fee. The
renewal fee shall be $100 for a single-family dwelling and $200 for
all other applicable buildings. Any fees required by this section
may be modified from time to time by written resolution of the Town
Council.
E.
Term.
The boarding permit issued pursuant to this section shall authorize
the boarding or other securing of a building or structure for an initial
period of six months. If the structure or building remains boarded
at the end of each such six-month period, the boarding permit may
be renewed upon submission of a written application by the owner of
the property, the authorized representative or contractor with the
submission of the application and payment of the fee occurring no
later than 15 days before the expiration of the original or preceding
permit. Should the permit expire without a timely renewal, the owner
shall obtain a new permit and pay the full initial fee.
F.
Standards.
Windows and exterior doors shall be boarded with exterior grade plywood
of a minimum thickness of 5/8 inch. A minimum of two cross members
shall be used on each window or door. All boarded openings shall be
painted with a minimum of one coat of exterior paint, which color
shall be compatible with the exterior color of the building or structure.
The interior of the building shall be cleaned of all trash, junk,
garbage, and debris, and all personal possessions shall be removed,
so as to eliminate any fire or health hazard and prevent hindrance
to firefighting equipment or to personnel in the event of fire.
G.
Boarding
without a permit or contrary to a valid permit. If a building or structure
is boarded up or sealed without obtaining a permit, or in conflict
with said permit and the standards contained herein, the Code Enforcement
Officer shall notify the owner in writing to either obtain a proper
permit, take corrective action or to remove the sealing material within
10 calendar days after the date of such notice, and upon failure to
correctly install or remove the boarding or sealing within the specified
time, the Town shall have the right to correct or remove all illegal
boards and sealing material from all openings visible from any public
right-of-way and to remove or abate unsanitary or flammable waste
materials and to do such exterior maintenance as is necessary to bring
the property into compliance. The costs of these actions shall be
paid for by the owner. The Town shall send the owner a bill for the
costs of such work by certified mail, return receipt requested, and
by regular mail to the owner's last known address or by any other
means reasonably calculated to bring the bill to the owner's
attention. Should the owner fail to pay the bill within one month
after it is presented or mailed, the costs shall be considered a lien
against the property and may be collected in the same manner as real
property taxes.
H.
Administrative
review. If the owner or agent objects to the determination or decision
made by the Code Enforcement Officer, such owner or agent shall have
the right of appeal to the Mayor, a hearing officer or other administrative
body appointed by the Mayor with the consent of Council for a final
determination. Such appeal shall be in writing, accompanied by a fee
of $50 and personally delivered or sent by certified mail, return
receipt requested, to the Code Enforcement Officer within 15 calendar
days of the date of the Code Enforcement Officer's notice of
denial. If no appeal is filed in a timely manner, the permit with
any required conditions established by the Code Enforcement Officer
shall constitute the approved permit.
I.
Other
relief. Nothing in this section shall be construed to limit the Town
from seeking any other legal damages or declaratory and equitable
relief permitted by law to enforce this Ordinance Code in a court
of general jurisdiction in this state.
[Added 11-30-2011 by Ord. No. 17-11]
A.
LOT
OWNER
VACANT LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An area of land designated as a separate parcel or unit of
land on a legally recorded subdivision plat or deed filed among the
land records of Prince George's County and assigned a property
tax account identification number.
The record property owner of the vacant lot, but does not
include a governmental entity or an instrumentality or unit of a governmental
entity.
A lot without a building or other valid and approved improvement
which has an assessed value for taxation purposes as determined by
the State of Maryland, Department of Assessments and Taxation.
B.
Registration required.
(1)
Owner to register annually. By July 1 of each year, beginning July
1, 2012, each owner of a vacant lot shall file a vacant lot registration
statement with the Town on a form provided by the Mayor or his/her
designee.
(2)
Registration fee. The annual registration fee is $75 for each vacant
lot, payable at the time of registration. Any fees required by this
section may be modified from time to time by written resolution of
the Town Council.
(3)
Purchaser required to register upon acquisition. A new owner of a
vacant lot must file a registration statement within 30 days of the
acquisition and pay the annual registration fee, unless that fee was
already paid by the prior owner.
C.
Information required with registration.
(1)
A description of the vacant lot by street address, property tax account
identification number, and any other information required in order
to accurately identify the vacant lot;
(2)
The name, address, and telephone number of the property owner of
record, and in addition, if the owner is a corporation, limited-liability
company, limited-liability partnership, limited partnership, or other
business entity, the name, address, and telephone number of the resident
agent and, if the owner is a partnership or other entity not having
a resident agent, the name, address, and telephone number of all partners,
owners or officers of the owner or of an authorized agent of the owner;
(3)
The name, address, and telephone number of the owner's authorized
property management agent if an agent has been designated by the owner;
(4)
A post office box does not suffice as an address for the purposes
of the registration statement; and
(5)
The Mayor or his/her designee shall be notified within 15 days of
any change in the agent designated by the owner or any change in the
address of the owner or agent.
D.
Exception to vacant lot registration requirement. No registration
of a vacant lot is required in the following circumstances:
(1)
The vacant lot is zoned as residential and the owner occupies a residence
on a lot contiguous to the vacant lot;
(2)
The vacant lot is contiguous to a lot with an occupied building and
both lots are under common ownership; or
(3)
The vacant lot is being utilized as a parking lot in compliance with
the County Zoning Ordinance and other applicable laws.
E.
Other enforcement. The registration of a vacant lot or absence thereof
shall not preclude action by the Town to force abatement, maintenance
or removal of a public nuisance or other violation found on any vacant
lot pursuant to any other provisions of this Ordinance Code or other
law. The Town shall have the right to remove litter, trash, noxious
weeds, tall grass, unsanitary or flammable waste materials and to
do such other maintenance as is necessary to bring the property into
compliance with this Ordinance Code. The cost of these actions shall
be paid for by the owner. The Town shall send the owner a bill for
the costs of such work by certified mail, return receipt requested,
and by regular mail to the owner's last known address or by any
other means reasonably calculated to bring the bill to the owner's
attention. Should the owner fail to pay the bill within one month
after it is presented or mailed, the costs shall be considered a lien
against the property and may be collected in the same manner as real
property taxes. Nothing in this section shall be construed to limit
the Town from seeking any other legal damages or equitable and declaratory
relief permitted by law to enforce this Ordinance Code in a court
of general jurisdiction in this state.
[Added 11-30-2011 by Ord. No. 17-11]
A.
If a vacant building plan or boarding permit is appealed or contested,
the Mayor or his designee(s) shall specify a time and place for an
administrative hearing on a vacant building plan or boarding permit
and shall advise the owner, in writing, of the time and place of the
hearing. Except as otherwise stated in this section and notwithstanding
any other provision of this Ordinance Code, the hearing shall be conducted
pursuant to the procedures found in Article 25 (Administrative Hearings)
of this Ordinance Code.
B.
Only appeals of vacant building plans and boarding permit denials
resulting in a failure to show good cause or conditional approvals
arising therefrom shall be heard on administrative appeal. Unless
a vacant building plan or boarding permit also applies to the property
in question, the mere registration or filing thereof of a vacant lot
or any other controversy or enforcement matter arising from this Article
shall not be subject to administrative appeal but shall be considered
under the jurisdiction of the District Court of Maryland for Prince
George's County for enforcement purposes.
C.
In considering the appropriateness of a vacant building plan or boarding
permit on appeal, the Mayor or his designee(s) serving as a hearing
officer or administrative review body shall consider the following
in making a final administrative decision:
(1)
The public interest in minimizing the period of time a building or
structure is vacant, boarded up, and/or has any defects which constitute
public nuisances or code violations;
(2)
The effect of the proposed plan or boarding of the subject building
on adjoining properties and/or the neighborhood in which the building
is located;
(3)
The length of time the building has been vacant;
(4)
Whether good cause is shown pertaining to a boarding permit;
(5)
Whether the plan or granting the permit and any conditions thereto
will minimize any adverse effects on adjoining property and promote
the purposes of this Article; and
(6)
Whether there is any practical difficulty or unnecessary hardship,
financial or otherwise, to the owner connected with the performance
of any act or duty required by the plan or permit.
D.
After the hearing, the Mayor or his designee(s) shall render a decision
in writing on the owner's or agent's appeal of the Code
Enforcement Officer's approval, modifications or conditions made
to the proposed vacant building plan or boarding permit. The Mayor
or her designees serving as hearing officer(s) shall have the right
to amend or place further conditions on the permit or fashion a revised
vacant building plan, or to approve the plan submitted by the owner
or agent, or otherwise approve or modify further the plan as modified
or approved by the Code Enforcement Officer. The decision of the Mayor
or her designated hearing officer or administrative body shall constitute
the finally approved vacant building plan or boarding permit.
E.
Should the Mayor or his designee(s) fail to hold a hearing within
one month of the date of receipt of notice of appeal or fail to make
written findings of fact and issue a final order within one month
after the date of the hearing, the original notice, decision or order
shall be treated as the final order of the Mayor or his designee(s)
for the purposes of this Article, provided that, with the written
consent or failure to affirmatively reply of the owner or agent who
filed the notice of appeal, the time period for the Mayor or his designee(s)
to hold a hearing or make findings of fact and issue a final order
may be extended for up to two additional months.
F.
Any applicant requesting approval of a vacant building plan or boarding permit aggrieved by a final order or decision of the Mayor or his designee(s) issued under Sections 3.7, and 3.8 of this Article[1] may file a petition for judicial review with the Clerk
of the Circuit Court of Prince George's County following the
procedures for an appeal of an agency decision as governed by Title
7, Chapter 200 of the Maryland Rules, as amended.
[Amended 5-2-2011 by Ord. No. 05-10; 11-30-2011 by Ord. No. 17-11]
A.
Municipal infraction. The failure of an owner of a vacant building, structure or lot to file a registration statement or application when it is due or as otherwise required by this Article, to pay the registration fee, to provide all information required with registration or to otherwise observe the duties and requirements of this Article shall be a municipal infraction carrying a fine of $500. Each additional 30 days that a violation of Section 3.8, 3.9, or 3.10 exists shall be deemed a separate violation subject to an additional fine of $500. All other offenders found pursuant to Part I or Part II of this Article may be assessed a fine not to exceed $100 for an initial offense or $200 for each repeated offense.
[Amended 10-5-2015 by Ord. No. 07-15]
B.
Lien on real property. All registration fees, when overdue, or any
corrective action taken by the Town pursuant to this Article or by
court order, and any penalties assessed hereto shall be considered
a lien in favor of the Town on the applicable property and may be
collected and enforced in the same manner as delinquent real property
taxes.
