§ 13-7-502. AUTHORITY TO ORDER ABATEMENT OR CLOSURE.

(a)

Application. The Chief of Police may take the actions authorized under this section if within a 24-month period violations have occurred on a premises that have resulted in two or more criminal convictions for public nuisances.

(b)

Abatement or closure. Subject to the notice and hearing provisions of this subtitle, the County Chief of Police may order:

(1)

The discontinuance of the public nuisance on the affected premises; or

(2)

The closing of the premises to the extent necessary to abate the public nuisance.

(c)

Nature of the premises.

(1)

If the premises that the Chief of Police orders to be closed consists of residential units, and the public nuisance has occurred solely within a residential unit or units, closure and abatement authority is restricted to the residential unit or units in which the public nuisance has occurred, and does not extend to any other unit in the premises.

(2)

If the public nuisance occurs in motels, hotels, and rooming and boarding houses and rooming units as those houses and units are defined in the Baltimore County Zoning Regulations, the Chief of Police may order the closure and abatement of the entire premises.

(d)

Term of closure. The closing of a premises under this subtitle shall be for a period that the Chief of Police reasonably may direct, but may not last for more than 1 year after the date of the closing.

(e)

Chief to vacate the closing. The Chief of Police shall vacate the provisions of the order to close a premises if an interested person:

(1)

Posts a bond for the period of the ordered closing in an amount not exceeding the assessed value of the premises as shown in the tax assessment records of the county, prorated for the proportional assessment of units closed if less than all units in the premises are closed, but not to exceed $1,000,000 in any case; and

(2)

Submits sufficient evidence to the Chief of Police that the public nuisance has been abated and will not be maintained or allowed in any unit of the premises during the period of the closing.

(f)

Closure order not an act of possession. A closing of a premises under this section is not an act of possession, ownership, or control by the county.

(1988 Code, § 22-8) (Bill No. 42-94, § 1, 4-4-1994; Bill No. 105-00, § 2, 7-1-2004)