§ 35-2-404. MAINTENANCE.

(a)

In general. The Building Engineer shall require an owner to:

(1)

Maintain, replace, or repair, in any combination, any of the following features of the investment property that the Building Engineer, after inspection, finds to have been removed or that exhibits deterioration:

(i)

An exterior architectural feature that creates or allows the creation of a hazardous or unsafe condition;

(ii)

Exterior walls or other vertical supports;

(iii)

Roofs or other horizontal members;

(iv)

Exterior chimneys;

(v)

Crumbling or exterior plaster or masonry;

(vi)

Ineffective waterproofing of exterior walls, roofs, and foundations; and

(vii)

All other exterior construction, including broken windows and doors, flaking or worn exterior paint, or conditions caused by acts of vandalism;

(2)

Remove trash, rubbish, or other debris from the premises of the investment property;

(3)

Remove or maintain in good condition all exterior signs on commercial or industrial properties; and

(4)

Use boarding materials to secure commercial or industrial property that:

(i)

Are not larger than the opening being secured; and

(ii)

Match the predominant exterior color of the structure.

(b)

Authority of Building Engineer to enter and inspect property.

(1)

The Building Engineer may enter investment property to inspect the property for compliance with subsection (a) of this section.

(2)

If an investment property has been uninhabited for 1 year or more, the Building Engineer may:

(i)

After giving notice to the owner, enter the investment property, in order to inspect it for any hazardous or unsafe condition; and

(ii)

Order the correction of the hazardous or unsafe condition.

(3)

If an investment property located in a commercial revitalization district has been abandoned or not in actual and continuous operation or use for 5 years of more, the Building Engineer may:

 

After giving notice to the owner, enter the investment property in order to inspect it for any hazardous or unsafe condition and:

(i)

Order the correction of the hazardous or unsafe condition; or

(ii)

Subject to paragraph (4) of this subsection, declare the investment property to be abandoned and order the removal of the investment property.

(4)

(i)

In order to require the removal of an investment property under this paragraph, the Building Engineer shall service notice of the order on the owner in accordance with the Maryland Rules.

(ii)

The notice shall advise the owner that the owner may contest the order by filing with the Building Engineer, within 30 days after receipt of the order, a written request for a hearing of the Hearing Officer to be conducted under § 3-6-206 of the Code.

(iii)

If the owner does not request a hearing, the order is deemed a non-appealable final order of the Building Engineer;

(iv)

Except as provided in subparagraph (v) of this paragraph, a hearing, any appeal, and any enforcement of a final order under this paragraph shall be conducted in accordance with §§ 3-6-206 and 3-6-207 and Article 3, Title 6, Subtitles 3 and 4 of the Code.

(v)

The Hearing Officer may not order the removal of an investment property unless he makes specific findings of fact that the investment property:

1.

Has been abandoned for not less than 5 years; and

2.

Has a significant number or magnitude of :

A.

Unsafe and hazardous conditions inside the property; and

B.

Violations of the standards and requirements established under subsection (a) of this section.

(c)

Refusal of entry.

(1)

If the property owner refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the investment property, the county may file a petition in a court of competent jurisdiction for a right of entry requiring the owner to cease and desist from the interference.

(2)

The Building Engineer shall consider the failure by the owner to respond to the notice of inspection as a refusal to allow entry.

(3)

(i)

In proceeding on a petition for a right-of-entry, the county shall, by a preponderance of the evidence, establish that a violation of this section exists in or on the premises.

(ii)

The county may establish its burden of proof by presenting evidence that the investment property has been uninhabited at least 1 year.

(4)

In accordance with the Maryland Rules, the county shall serve the last-known owner of the property that is the subject of the petition.

(d)

Work performed by the county.

(1)

If an owner does not correct any condition cited under subsection (a) or (c) of this section, the Building Engineer may perform the necessary work to correct the condition.

(2)

(i)

The Building Engineer shall bill the owner for the costs incurred under paragraph (1) of this subsection.

(ii)

Until the bill is paid, the costs shall be a lien on the investment property which is to be added to the owner's property tax bill and collected in the same manner as the taxes on the property.

(3)

(i)

Before performing the work, the Building Engineer shall give notice and afford the owner an opportunity to be heard before the Director.

(ii)

1.

The Building Engineer shall serve the notice as required under the Maryland Rules.

2.

The notice shall contain a statement of the violation and the date, time, and place of the hearing.

(1988 Code, § 7-70) (Bill No. 171, 1990, § 1; Bill No. 181-95, § 2, 12-28-1995; Bill No. 25-01, § 2, 7-1-2004; Bill No. 76-03, § 6, 7-1-2004; Bill No. 48-06, § 1, 7-1-2006)