Section 116. Unsafe Structures
116.1 General.
Any structure or part of a structure found to be unsafe or unfit for human habitation or other authorized use must be rehabilitated or, as permitted or required by the Building Official, demolished.
116.1.1 Scope.
A structure may be unsafe or unfit for human habitation or other authorized use because of:
1. conditions constituting a fire hazard or conditions of damage, decay, dilapidation, obsolescence, abandonment, vacancy (as described in § 116.4), insanitation, or vermin or rodent infestation that constitute a hazard to the health, welfare, or safety of occupants or the public,
2. lack of sanitation, illumination, ventilation, heating, plumbing, exitways, fire protection, utilities, or other facilities adequate to protect the health, welfare, or safety of occupants or the public, or
3. conditions that are so unsafe, insanitary, overcrowded, improper in use or occupancy, or otherwise dangerous to life, health, welfare, or safety as to create a hazard to occupants or the public.
116.2 Occupied unsafe structures.
Whenever the Building Official or the Commissioner of Health finds all or any part of an occupied structure to be unsafe or unfit for human habitation or other authorized use:
1. either the Building Official or Commissioner of Health may:
a. post an order requiring the structure or affected part to be vacated, and
b. take necessary steps to remove occupants who fail or refuse to vacate,
2. once vacated, the structure or affected part may not be reoccupied until:
a. it is rehabilitated to comply with all applicable codes and ordinances, and
b. the Building Official has issued an occupancy permit, and
3. pending rehabilitation, the structure must be kept secure against casual entry and the premises kept free of occupants, litter, high grass, and weeds.
116.3 Temporarily unoccupied structures.
Any structure or part of a structure that has been left unoccupied without removing appliances or portable equipment or furniture and without disconnecting utility service must be safeguarded by closing and securely locking all windows, doors, and other openings.
116.4 Vacant structures.
Every vacant structure, as defined in this § 116.4, is declared to be a fire hazard and a nuisance per se, and must be safeguarded and otherwise maintained as required in this § 116.4.
116.4.1 Definitions.
116.4.1.1 General.
In this § 116.4, the following terms have the meanings indicated.
116.4.1.2 Vacant structure.
"Vacant structure" means a structure or distinguishable part of a structure that is:
1. unoccupied, and
2. either:
A. unsafe or unfit for human habitation or other authorized use, or
B. a nuisance property.
116.4.1.3 Nuisance property.
"Nuisance property" means:
1. an unoccupied structure for which 2 or more final, non-appealable Building Code, Fire Code, or Property Maintenance Code violations remained unabated for 10 days or more beyond the date by which the violation notice, citation, or order required the violation to be corrected; or
2. the exterior premises of an unoccupied structure for which, at any time within the preceding 12 months, on 6 or more separate occasions, final, no-longer appealable violation notices, citations, or orders were served to correct violations of Property Maintenance Code, § 305 {"Exterior Sanitary Maintenance – General"} or § 306 {"Exterior Sanitary Maintenance – Trash, Garbage, and Debris"}.
116.4.1.3.1 Registered interest holders.
116.4.1.3.1.1 Registration authorized.
A holder of an interest in a structure by way of a mortgage or deed of trust may register that interest in the Housing Commissioner's Registry of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures (City Code Article 13, Subtitle 4).
116.4.1.3.1.2 Notice required to registrants.
Before declaring an unoccupied structure to be a nuisance property, the Building Official must send a notice, by first-class mail or email, to any interest holder that is registered for that structure under City Code Article 13, Subtitle 4 {"Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures"}.
116.4.1.3.1.3 Tenor of notice.
The notice shall provide the interest holder with the opportunity to avoid a declaration of public nuisance if, within 30 days of the mailing, the interest holder:
1. abates all outstanding violations; and
2. submits a reasonable plan to the Building Commissioner for regular maintenance of the property.
116.4.1.3.2 Official's corrective actions do not constitute abatement.
Actions taken by the Building Official to clean, secure, or repair a property do not preclude the Building Official's determination that the property is a nuisance property.
116.4.2 Determination of vacancy, noncompliance.
A determination of vacancy and a determination of noncompliance with a notice or order issued under this section may be based on observation that a structure:
1. contains, at any level, any open window or door, any opening caused by damage or decay, or any other opening that is unprotected from intruders,
2. has boarded windows or doors, or
3. lacks intact doors, windows, window sashes, walls, or roof surfaces to protect against the elements.
116.4.3 Required safeguarding.
Every vacant structure must be cleaned, closed, and safeguarded as follows:
1. Before the structure is closed and secured, all litter, trash, and other debris must be removed from the premises.
2. All windows, doors, and other openings must be closed, securely locked, and, if readily accessible, boarded up with substantial material, including masonry, approved by the Building Official. The Building Official may require windows facing streets to be boarded with lexan, vinyl, or similar material, protected by security grills, or both.
3. As long as the structure remains unrehabilitated:
a. it must be kept boarded,
b. the premises must be conspicuously posted against trespass, and
c. the premises must be kept free of occupants, litter, trash, debris, high grass, and weeds at all times, and
d. the structure's roof and flashing must be sound, right, and without defects that admit rain.
4. Boarding, posting, and cleaning, however, do not relieve the owner of responsibility to demolish or to repair and maintain the property in conformity with this Code.
5. The Building Official may post a sign to inform the public that the structure is a vacant structure and to provide additional information about the structure's status.
6. The structure may not be reoccupied until the Building Official has issued an occupancy permit.
116.4.4 Emergency condition.
A vacant structure that is not kept boarded and free from accumulations of debris and high vegetation or that, in the opinion of the Building Official, is so dangerously unsound or so deteriorated that rehabilitation is not feasible, constitutes an emergency condition that imminently threatens the public health and safety and requires immediate resolution.
116.4.5 Rodenticide procedure.
See § 3318 of this Code.
116.4.6 Notice to Public Works.
Whenever the Building Official determines a structure to be vacant, the Building Official must promptly notify the Director of Public Works of that determination. On receipt of the notice, the Director of Public Works must proceed to cut off water service, as provided in City Code Article 24, § 2-3 {"Cut-off for arrearage"}.
116.5 Rehabilitation, demolition, and stabilization.
Except as otherwise authorized or required under this section, a structure found to be unsafe or unfit for human habitation or other authorized use must be rehabilitated and an occupancy permit obtained.
116.5.1 Permitted demolition.
On timely appeal of an order to rehabilitate, the Building Official may permit an owner to demolish an unsafe structure instead of rehabilitating it if, in the Building Official's opinion, demolition is not detrimental to the immediate neighborhood.
116.5.2 Required demolition.
The Building Official may order the immediate demolition of any unsafe structure that, in the Building Official's opinion, is either so dangerously unsound or so deteriorated that rehabilitation is not feasible.
116.5.2.1 Appeal.
The recipient of an order to demolish an unsafe structure may request administrative review of the order under § 128 {"Administrative and Judicial Review"} of this Code.
116.5.2.2 Rescission of demolition order.
The Building Official may rescind or modify a demolition order if the owner demonstrates the financial ability and requisite expertise to rehabilitate the structure within a reasonable time, as determined by the Building Official, and agrees to comply with a specified timetable. Failure to comply with an agreed timetable reinstates the demolition order.
116.5.3 Stabilization.
The Building Official may permit or order an interim stabilization of an unsafe structure pending its rehabilitation.
116.5.4 Reoccupancy of rehabilitated structure.
A structure declared unsafe or unfit for occupancy may not be reoccupied until the Building Official has:
1. abated the violation notice or order, and
2. issued an occupancy permit.
116.6 Vacant lot maintenance.
When a structure has been demolished under this § 116, the premises must be made to conform to the provisions of this Code and of the {rules and} regulations adopted under this Code.
116.7 Remedial action by Building Official.
The Building Official may take action under this § 116.7 whenever the owner, agent, or person in control cannot be found or fails to comply with a notice or order served under this Code:
1. to repair, rehabilitate, stabilize, or demolish an unsafe structure,
2. to clean, close, board, fence, or otherwise safeguard a vacant structure or lot, or
3. to remove high grass and weeds or litter, trash, and debris from the premises of a vacant structure or lot.
116.7.1 Actions authorized.
The Building Official may proceed to:
1. have a receiver appointed, or
2. complete all or any part of the required work through officers, agents, employees, or contractors.
116.7.2 Entry to property.
Before taking any remedial action, the Building Official may enter the premises, without additional notice, to determine the extent of deterioration and the feasibility of rehabilitation.
116.7.3 When additional notice not required.
Boarding, cleaning, fencing, and otherwise safeguarding a vacant structure or lot that is subject to an expired violation notice is an emergency action that requires no additional prior notice.
116.7.4 Remedies nonexclusive.
Remedial action under this § 116 does not preclude any other enforcement action authorized by this Code.
116.8 {Reserved}
116.9 "Abandoned" property.
If a property is cited as "vacant" or "unfit for human habitation" on a violation notice issued under this § 116, the property is considered to be cited as "abandoned" or to be in need of substantial repair within the meaning of the State Tax-Property Article, Title 14, Subtitle 8.
116.10 Effect of designation.
On issuance of a violation notice that designates a structure to be a vacant structure, the structure is deemed to be condemned.