Sec. 26-20. Definitions.

   In this Article, the following terms have the meanings indicated:

   Department means the Department of Housing and Community Affairs.

   Director means the Director of the Department or the Director’s designee.

   Fit for occupancy means ready for immediate occupancy as a residence.

   Occupied means the use of one’s dwelling as a residence on a regular basis.

   Public nuisance has the same meaning as in Section 26-2.

   Vacant dwelling means residential real property improved by a dwelling which is not occupied. A vacant dwelling includes a unit in a condominium. A dwelling is only a vacant dwelling if the Director determines that there is no resident for which an intent to return and occupy the dwelling can be shown. To determine whether a dwelling is vacant the Director must consider:

      (1)   past due utility notices and/or disconnected utilities;

      (2)   accumulated mail;

      (3)   no window covering;

      (4)   no furniture observable;

      (5)   open accessibility;

      (6)   deferred maintenance; and

      (7)   the dwelling is boarded up.

   Unmaintained vacant dwelling means a vacant dwelling not maintained as required by Chapter 26, Article 1. (2017 L.M.C., ch. 11, §1.)

   Editor’s note—Former § 26-20, “Penalty for violations of chapter; injunctive, etc., relief,” was repealed, reenacted with amendments, renumbered § 26-16, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.

Sec. 26-21. Applicability.

   This Article does not apply to any real property that is

   (a)   owned by:

      (1)   the government of the United States or its instrumentalities;

      (2)   the State of Maryland or its instrumentalities; or

      (3)   a foreign government or its instrumentalities;

   (b)   under active construction or undergoing active rehabilitation, renovation, repair, or demolition, or under a building permit to make the building fit for occupancy or to be demolished;

   (c)   for a period not to exceed 24 months, the subject of a probate proceeding or the title is the subject of litigation, including a foreclosure proceeding; or

   (d)   maintained as required by Chapter 26, Article 1. (2017 L.M.C., ch. 11, § 1.)

   Editor’s note—Former § 26-10A, “Security requirements for rental dwelling units and personal living quarters,” which was derived from 1982 L.M.C., ch. 19, § 3; 1998 L.M.C., ch. 23, § 1 and 1997 L.MC., ch. 1; and former § 26-21, “Smoke detectors” which was derived from 1977 L.M.C., ch. 9, § 2; 1978 L.M.C., ch. 40, § 2; 1980 L.M.C., ch. 29, § 1; 1984 L.M.C., ch. 24, § 29; 1988 L.M.C., ch. 23, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2, were repealed, reenacted with amendments, renumbered § 26-8, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.

Sec. 26-22. Designation of unmaintained vacant dwellings; inspection.

   (a)   The Director must identify unmaintained vacant dwellings throughout the County. The Director must notify the owner in writing that the owner’s dwelling has been designated as an unmaintained vacant dwelling and of the owner’s right to seek reconsideration of this designation and appeal the decision under Section 26-25.

   (b)   Inspections required.

      (1)   Inspections required. The Director must inspect every unmaintained vacant dwelling at least annually to ensure that:

         (A)   the dwelling complies with all applicable laws, including Chapter 26, Article I; and

         (B)   vacancy of the dwelling is not:

            (i)   detrimental to the public health, safety, and welfare;

            (ii)   a hazard to police officers or firefighters entering the dwelling in an emergency; or

            (iii)   a public nuisance.

      (2)   Additional inspections authorized. The Director may inspect an unmaintained vacant dwelling more often than annually to ensure compliance with this Article. (2017 L.M.C., ch. 11, § 1.)

   Editor’s note—Former § 26-22, “Executive regulations,” was repealed, re-enacted with amendments, renumbered § 26-18, and retitled pursuant to 2002 L.M.C., ch. 18, § 1.

Sec. 26-23. Exemptions.

   (a)   The Director may grant an exemption from the requirement in Section 26-22 for any real property that is:

      (1)   in compliance with 26-22(a) and the property owner has been actively seeking in good faith to rent or sell the property if:

         (A)   the time period for sale or rent does not exceed 1 year from the initial listing, offer, or advertisement of sale or rent of a residential building; and

         (B)   the building has a valid certificate of occupancy;

      (2)   for a period not to exceed 12 months, the subject of a pending application for a necessary approval for development before the Planning Board, Board of Appeals, or Office of Zoning and Administrative Hearings; or

      (3)   for a period not to exceed 24 months, the subject of a probate proceeding.

   (b)   The cumulative time period that a vacant dwelling may be exempted from this Article must not exceed 3 years.

   (c)   An application for an exemption must be made on a form the Director prescribes.

   (d)   A person that believes the Director has incorrectly denied the person’s application for an exemption may appeal that decision under Section 26-25. (2017 L.M.C., ch. 11, § 1.)

   Editor’s note—Former § 26-23, “Minimum standards for nonresidential property,” was repealed, reenacted with amendments, renumbered § 26-10, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.

Sec. 26-24. Fees; lien.

   (a)   Fees. The County Executive must set one or more fees by regulation under Method (2). The fee must increase for larger numbers of inspections performed that the Director determines are necessary to ensure compliance with this Section.

   (b)   Lien. Any unpaid fee under this Article constitutes a lien on the property and may be collected in the same manner as taxes are collected. (2017 L.M.C., ch. 11, § 1.)