Section 123. Notices
123.1 In general.
All notices under this Code must be issued in accordance with this § 123. However, nothing in this Code may be construed to excuse or relieve any person from complying with all provisions of this Code at all times, regardless of whether any notice or order has been issued by the Building Official in any particular case.
123.2 Classification.
Notices issued under this Code are classified as either:
1. condemnation notices, or
2. violation notices.
123.3 Contents – Condemnation notices.
Except as specified in § 123.3.1, every condemnation notice must set forth:
1. the location of the condemned structure or equipment,
2. the reason the structure or equipment is condemned,
3. a reference to applicable provisions of this Code,
4. a warning against entering or using the condemned structure or equipment,
5. the right of the person to whom the notice is directed to request a hearing within 21 days of the date on which the notice was served, and
6. unless to be contained in a follow-up or subsequent notice:
a. a statement of the requirements that must be complied with to rectify the unsafe condition,
b. the time within which the unsafe condition must be rectified, and
c. the Building Official's authority under § 123.8 {"Failure to comply with notice or citation"} to take action at the owner's expense.
123.3.1 Follow-up notices.
A follow-up or other subsequent notice involving the same condemnation need not repeat the information contained in a prior notice as long as the subsequent notice identifies the prior notice.
123.4 Violation notices.
Except as specified in § 123.4.1, every violation notice must set forth:
1. the location and character of the violation,
2. a reference to applicable provisions of this Code,
3. the right of the person to whom the notice is directed to request a hearing within 21 days of the date on which the notice was served, and
4. unless to be contained in a follow-up or subsequent notice:
a. a statement of the requirements that must be complied with to rectify the violation,
b. the time within which the violation must be rectified, and
c. the Building Official's authority under § 123.8 {"Failure to comply with notice or citation"} to take action at the owner's expense.
123.4.1 Follow-up notices.
A follow-up or other subsequent notice involving the same violation need not repeat the information contained in a prior notice as long as the subsequent notice identifies the prior notice.
123.5 When notices to be issued.
Except as otherwise specified in this Code, notices must be issued in all cases where legal proceedings might be necessary to enforce this Code.
123.5.1 Condemnation notices.
For any land, structure, or equipment being condemned, the condemnation notice must be issued to the owner of the land, structure, or equipment.
123.5.2 Violation notices.
For violations, the violation notice must be issued to the person who committed or otherwise is responsible for the violation.
123.6 Service of notice – General.
Except as otherwise specified in § 123.7 {"Service of notice – Posting"}, all notices issued by the Building Official must be served on the person that the notice is intended for or on any authorized agent or representative of that person.
123.6.1 More than 1 person responsible.
If more than 1 person is responsible for the violation or responsible for complying with this Code, as in a case of property owned by more than 1 person, notice may be served on any 1 of those persons or on any authorized agent or representative of any of them.
123.6.2 Method of service.
A notice is properly served if:
1. served personally on the owner, agent, person in control, former owner, or other person responsible for the property,
2. hand delivered to that person's home, business, or tax record address, or
3. sent by certified or registered mail to that person's home, business, or tax record address.
123.6.3 Authorized server.
Service under § 123.6.2(1) or (2) must be made by:
1. a member of the Baltimore City Police Department, or
2. an official or employee of the City or the State of Maryland.
123.7 Service of notice – Posting.
Adequate and sufficient notice may be made by posting a copy of the notice on the property in question if:
1. the identity or whereabouts of the owner, agent, person in control, former owner, or other person responsible for the property is unknown, or
2. notice mailed under § 123.6 is returned unclaimed or refused or is designated undeliverable by the post office for any other reason, and neither of the following sources can provide a more accurate address:
a. the tax records of the Bureau of Treasury Management, Collections Division, and
b. the property registration files of the Department of Housing and Community Development.
123.8 Failure to comply with notice or citation.
If any person fails to comply with a violation notice, condemnation notice, or citation, the Building Official:
1. may enforce the violation notice or condemnation notice by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"},
2. may take whatever action is necessary and proper, including the institution of legal proceedings, to compel compliance with the notice or citation or to enforce the penalty provisions of this Code, and
3. subject to the notice requirements of § 123.8.1, may proceed to repair, rebuild, demolish, or take any other action necessary to eliminate, in whole or in part, or make safe any nuisance, blight, health hazard, or dangerous, insanitary, or unsafe condition that is the subject of the violation notice, condemnation notice, or citation.
123.8.1 Notice of intent to repair, etc.
Except as provided in § 123.8.2, before the Building Official proceeds to repair, rebuild, demolish, or take any other action to eliminate or make safe any nuisance, blight, health hazard, or dangerous, insanitary, or unsafe condition, a notice must be posted on the front of the structure stating that the violation has not been rectified and that the Building Official intends to undertake the necessary work and charge the expenses of that work to 1 or more of the owner, agent, person in control, or former owner of the premises, as the case may be. This notice must also be mailed or delivered to the home, business, or tax record address of the owner, agent, person in control, former owner, or other person responsible for the property, as the case may be, or their respective agents.
123.8.2 Exception.
The notice required by §123.8.1 need not be given:
1. in the case of an emergency,
2. as provided in § 116.7 {"Remedial action by Building Official"} of this Code for unsafe structures, or
3. if the initial or any other prior notice or order issued by the Building Official informed the recipient of the Building Official's authority to take corrective action and of the recipient's right to request administrative review.
123.8.3 Actions not an abatement, etc.
Actions taken by the Building Official under this § 123.8 do not constitute an abatement or cancellation of the underlying notice or citation.
123.8.4 Subsequent Citation - Unsafe Structure.
If the owner of a structure subject to a violation notice issued under § 116 {"Unsafe Structures"} of this Code fails to abate a citation and is issued a subsequent citation for the same cause within 12 months of the first citation, the Building Official may charge an additional fine using the structure described in City Code Article 1 § 40-14(e)(5c) {"Violations to which this subtitle applies"}.
123.9 Extension of time limit on notices.
The Building Official may extend the time within which to comply with a condemnation notice or violation notice if, in the Building Official's judgment, more time is needed to comply.
123.10 Removal or defacement of posted notices.
No person may remove, deface, damage, or change any notice, poster, or sign placed under this Code on any land, structure, or other object, until the Building Official authorizes its removal.
123.11 Notices for property owned by the City.
If the land, structure, or other object in violation of this Code is owned by the City, the Building Official must notify:
1. the head of the bureau, department, commission, or other agency having jurisdiction over that land, structure, or other object, and
2. the Councilmember in whose district that land, structure, or other object lies.