All or any part of the premises found to constitute a nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this chapter.
The procedures set forth in this chapter are not exclusive and are in addition to the procedures for abatement conferred upon the City by other lawful authority.
(a) Determination and Notice of Violation. When the Housing Officer determines that a premises within the City contains structural defects and/or otherwise constitutes a public nuisance as defined in Section 1454.05, a standard notice of violation will be sent to an owner. A demolition notice of violation will be sent to all interested parties as determined by title search.
(b) Contents of a Demolition Notice of Violation. The demolition notice of violation shall: describe with reasonable particularity the premises deemed to be a nuisance; describe the conditions constituting the public nuisance; specify that an owner has thirty calendar days within which to either fully and completely abate the nuisance via demolition or work out a schedule, satisfactory to the City, for the demolition, with sufficient surety acceptable to the City to guarantee timely completion of the abatement according to schedule; and inform the interested parties of the date and time of the pre-scheduled adjudicatory hearing date before the Board. The hearing date shall be set no less than thirty calendar days after the date of the demolition notice of violation. The Board shall affirm, reverse, or modify the determinations made by the Housing Officer in the demolition notice of violation, including the existence of the nuisance and the demolition remedy deemed necessary by the Housing Officer, in accordance with Section 1454.18. For purposes of this subsection, “sufficient surety acceptable to the City to guarantee completion on schedule” affords the City the sole discretion to select the necessary surety, which may include but not be limited to a cash bond or letter of credit.
(c) Contents of a Standard Notice of Violation. The standard notice of violation shall: describe with reasonable certainty the premises deemed to be a nuisance; describe the conditions constituting the public nuisance; specify that an owner has five calendar days in which to take one of the actions described in subsection (d) below; state whether the Housing Officer finds the nuisance to constitute an emergency; describe the remediation deemed necessary by the Housing Officer to abate the nuisance, which may include repair, rehabilitation, and/or vacation of premises; and specify the actions to be taken by the City pursuant to this chapter upon failure of an owner to take one of the actions described in subsection (d) below within the five day time limitation.
(d) Owner Actions Related to Standard Notices of Violation. An owner shall have five calendar days from receipt of a standard notice of violation to take one of the following actions: fully and completely abate the nuisance; work out a schedule, satisfactory to the City, for the nuisance abatement, with sufficient surety acceptable to the City to guarantee completion on schedule; or appeal the determination of the Housing Officer of the existence of a nuisance and/or the remedy required to the Board. If an owner appeals the standard notice of violation to the Board in accordance with this subsection, the Board shall affirm, reverse, or modify the determinations made by the Housing Officer in the standard notice of violation, including the existence of the nuisance and the remedy deemed necessary by the Housing Officer, in accordance with Section 1454.18. For purposes of this subsection, “sufficient surety acceptable to the City to guarantee completion on schedule” affords the City the sole discretion to select the necessary surety, which may include but not be limited to a cash bond or letter of credit.
(e) Service of Notices of Violation. All notices of violation shall be served by either hand delivery, the posting of a notice of violation on the subject premises, or via certified and ordinary U.S. mail, addressed to the usual place of residence of the persons entitled to receive the notices of violation, as indicated by current tax records of the Montgomery County Treasurer’s Office or the real property records of the Montgomery County Recorder’s Office.
(f) Action by Council.
(1) Standard notices of violation. If an owner fails to appeal a standard notice of violation within five calendar days of receipt of the standard notice of violation, and fails to take one of the other steps described in subsection (d) above, the Council shall adopt a resolution either affirming, reversing, or modifying the determination of the Housing Officer as set forth in the standard notice of violation. The resolution adopted pursuant to this subsection shall authorize immediate action by the City Manager, on behalf of the City to abate the nuisance, and be delivered to the property owner via hand delivery, or via certified and ordinary U.S. mail. Action by the City Manager, personally or through a designee, shall be through such legal or administrative channels as are deemed most appropriate or through use of either City or private labor to effect the necessary nuisance abatement.
(g) Notice of Violation Involving an Emergency. Immediate action by paid City or private labor to abate public health threats and nuisances shall be deemed authorized in cases where a notice of violation served by hand delivery, mail, or posted on the premises declares that an emergency exists and insufficient abatement occurs within the time limit specified in the notice of violation.
(Ord. 84-6. Passed 3-13-84; Ord. 01-13. Passed 6-12-01; Ord. 04-29. Passed 12-14-04; Ord. 12-7. Passed 8-28-12; Ord. 13-11. Passed 6-26-13.)