(a) Definition. In this section, “non-buildable real property” means real property owned by the County that has an area of .1 acres or less and is determined by the Planning and Zoning Officer in writing to be non-buildable.
(b) Applicability. This section applies to the disposition of non-buildable real property.
(c) Procedure. If the County Executive seeks to dispose of non-buildable real property, the procedure shall be as follows.
(1) The Central Services Officer shall make a preliminary determination as to whether the real property may be surplus.
(2) (i) The Real Estate Division shall poll the Department of Recreation and Parks and the Department of Public Works as to a need for the real property;
(ii) An agency head or the agency head’s designee may respond on behalf of the agency; and
(iii) Based on the polling results, the Chief Administrative Officer shall make a final decision as to whether the real property is surplus contingent on approval of the County Council as required in this section.
(3) If the real property is determined to be surplus, the Real Estate Division shall give notice to the owners of real property within 300 feet of the lot lines of the County-owned real property, the community association or homeowners association for the community in which the County-owned real property is located, if any, and the Councilmember representing the district in which the County-owned real property is located:
(i) that the County is planning to surplus and dispose of the real property;
(ii) that the County will accept offers from adjacent property owners for the real property;
(iii) specifying how and when adjacent property owners may make offers for the real property; and
(iv) stating that the sale is contingent on the approvals required under this section.
(4) The Real Estate Division shall determine the highest offer and obtain the approval of the Chief Administrative Officer for the proposed disposition of the real property.
(5) If there are no offers for the real property or if the Chief Administrative Officer does not approve the proposed disposition of the real property, the County Executive may seek approval of the County Council by resolution of the determination of the real property as surplus.
(6) If the Chief Administrative Officer approves the proposed disposition of the real property:
(i) the Real Estate Division shall give notice of the proposed disposition to the owners of real property within 300 feet of the lot lines of the County-owned real property, the community association or homeowners association for the community in which the County-owned real property is located, if any, and the Councilmember representing the district in which the County-owned real property is located, and shall include a statement that comments may be submitted to the Chief Administrative Officer, including an email address and mailing address, by a specified date;
(ii) after the date specified, the Chief Administrative Officer shall review any objections and determine if the proposed disposition may proceed; and
(iii) if the Chief Administrative Officer determines that the proposed disposition may proceed, the County Executive shall seek approval of the County Council by resolution of the determination of the real property as surplus and of the terms of the disposition of the real property.
(Bill No. 79-23)