(a) Commencement of proceedings to repair, etc. Whenever the Director has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation, securing or demolition of the building.
(b) Ordering dangerous materials or conditions removed. Whenever the Director shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied immediately.
(c) Vacation of premises; locking, etc. of premises. Whenever the Director shall find any building or other structure which, for want of repairs, or because of damage done by storm, fire, explosion, natural wear and tear or other causes of damage or deterioration, is in such condition as to constitute an immediate and present danger to life, property or public safety, the Director is authorized to order the premises vacated immediately, if occupied, and is further authorized to post notice on the property and to order the property locked and boarded to prevent any person from entering onto the premises. If the unsafe and dangerous conditions are not corrected in accordance with the order of the Director and no appeal has been taken as provided in this chapter, the building or structure may be secured and boarded by the county or may be removed by the county, whichever shall be required to remedy the unsafe condition. If the owner has not maintained or has been unable to maintain the building in a safe, locked and boarded condition as previously ordered, the Director may order the demolition of the building, the filling of any excavation and the clearing of the property so that it will be in a safe condition. The cost of removal or securing by the county shall be charged to the owner of the property in the manner of taxes and such charge shall be a lien on the property. The cost to the county for removal or securing may also be collected as other debts. Nothing in this section is intended to provide authority to order removal or to remove buildings for aesthetic reasons only.
(d) Notice and order generally. The Director shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
(1) The street address and legal description sufficient for identification of the premise upon which the building is located.
(2) A statement that the Director has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous.
(3) A statement of the action required to be taken as determined by the Director.
(4) Statements advising that if any required repair or demolition work is not commenced within the time specified, the Director may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
(5) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order to the board of appeals; provided, that the appeal is made in writing as provided in this code, and filed within ten (10) days from the date of service, and (ii) that failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter.
(e) Method of service of notice and order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the county or as known to the Director. If no address of any such person so appears or is known to the Director, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings, and a copy shall be posted at or near the main entrance to the building. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(f) Posting and form of notice to vacate. Every notice to vacate must, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Department of
Permitting Services
Montgomery County, Maryland
or to remove or deface this notice.
Department of
Permitting Services
Montgomery County, Maryland
(g) Compliance with notice to vacate. Whenever such notice is posted, the Director shall include a notification thereof in the notice and order issued by him under subsection (d) of this section reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed. Any person violating this subsection shall be guilty of a misdemeanor.
(h) Stay of notice and order during appeals. Except for vacation orders, enforcement of any notice and order of the Director issued under this section shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(i) Failure to obey order. After any order of the Director or the board of appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey and such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.
(j) Authority of Director on failure to obey final order. If, after any order of the Director or board of appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Director may (i) cause such person to be prosecuted undersubsection (i) of this section or (ii) institute any appropriate action to abate such building as a public nuisance, or both.
(k) Extensions. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Director may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)