* Legislative History: M.C. 1961, Arts. 13 & 15; Ord. No. 2561, 4/13/1981; Ord. No. 1987-59, 11/16/1987; Ord. No. 1993-2, 1/25/1993; Ord. No. 1993-5, 4/12/1993; Ord. No. 2002-26, 7/29/2002.

A. Any building or structure or part thereof which may have any or all of the following defects may be deemed an unsafe building and condemned as unsafe for occupancy or use:
1. Those which have been damaged by fire, wind, storm or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the public;
2. Those which have become or are so dilapidated, decayed, damaged, unsanitary, unsafe or vermin- or rodent-infested that they create a hazard to the health, safety or general welfare of the occupants or the public;
3. Those having light, air, sanitary, plumbing or heating facilities or other essential equipment which are inadequate to protect the health, safety or general welfare of the occupants or the public;
4. Those having inadequate facilities for egress in case of fire or panic or which are dangerous to life, health, property or the safety of its occupants by not providing minimum protection from fire;
5. Those which contain unsafe equipment, including any boiler, heating equipment, elevator, electrical wiring or device, flammable liquid containers or other equipment, on the premises or in the building or structure which is in such disrepair or condition that it is a hazard to the life, health, property or safety of the occupants or the public;
6. Those which are structurally unsound, dangerous or of such faulty construction or unstable foundation that they are likely to partially or completely collapse or which have parts thereof which are so attached that they may fall and injure the occupants or the public or damage property;
7. Those which are abandoned or are blighting or deteriorating factors in the neighborhood or which because of their general condition are unsafe, unsanitary or otherwise dangerous to the health, safety or general welfare of the occupants or the public.
B. All unsafe buildings are hereby declared to be public nuisances and shall be repaired or demolished as provided in this chapter. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-900)

A. The City Manager, Code Official, and police, or their designated representatives, upon exhibiting the proper credentials or proof of identity on request, shall have the right to enter any building in the City at any reasonable hour or at such other times as may be necessary in an emergency that endangers life, property or public safety for the purpose of performing duties under this chapter or enforcing the provisions thereof.
B. Police, fire, health and other departments having authority in the City shall render necessary assistance in the enforcement of this chapter when requested to do so by the City Manager. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-901)

A. In cases where it reasonably appears that there is actual and immediate danger to the life, health or safety of any person resulting from a violation of this chapter, of the Property Maintenance Code, or of other provisions of the Charter and Code of the City of Takoma Park or applicable law, the Code Official may, without notice, conference or hearing, order the owner, agent or operator of the building to take action to correct or abate the emergency. The Code Official shall notify the owner, agent or operator of the building of the emergency order. The order must be served on the owner, agent or operator, as set forth in Section 6.36.040(D)(1); provided, however, that if the Code Official determines that the emergency does not permit sufficient time for the order to be personally served, then notice to the owner, agent or operator of the building of the emergency order may be made by telephone or any other reasonable means under the circumstances. If the owner, agent or operator does not abate or correct the emergency within the time stated in the emergency order, or within 24 hours if the order does not specify a correction time, then the Code Official, after determining that an emergency still exists which endangers the life, health, or safety of the occupants or the public, may take any action reasonably necessary to abate or correct the emergency.
B. For purposes of this section, the Code Official shall employ the necessary labor and secure the necessary materials to abate or correct the emergency as expeditiously as possible.
C. All reasonable and necessary costs incurred by the City as a result of an emergency action taken under subsections (A) and (B) of this section shall be paid by the owner of the real property upon which the building stands or did stand. The City shall send the owner a bill for the costs of such emergency repair, vacation or demolition by certified mail, return receipt requested, and by regular mail to the owner’s last known address or by any other means reasonably calculated to bring the bill to the owner’s attention. If the owner does not pay the bill within one month after it is presented, the cost shall be a lien against the real property which may be collected and enforced in the same manner as are taxes, special assessments and other liens on real property or collected as provided for in Section 6.40.020(C). (Ord. 2003-7 § 1 (part), 2003: prior code § 6-902)

A. Whenever the Code Official determines that there has been a violation of this chapter, the Code Official shall give written notice and a correction order to the owner and/or the agent or operator of any building found by the Code Official to be an unsafe building.
B. The notice and correction order provided for in subsection (A) of this section shall:
1. Specify the particulars which make the building or part of it an unsafe building;
2. Describe with reasonable accuracy the unsafe building and its location;
3. Describe in general terms the corrective action which, if taken, will effect compliance with this chapter;
4. Establish a reasonable time to do or have done the work or act required by the notice and correction order.
C. An owner, agent or operator served with a notice and correction order shall correct the violation of this chapter within the time specified in the notice and correction order.
D. Any notices or orders provided for in this chapter shall be in writing and served upon the owner, agent, operator, or occupant of the building as the case may require. Unless a different manner of service is specified in this chapter, a notice or order is properly served if:
1. A copy is personally delivered, which shall mean delivering a copy to the individual personally or leaving a copy at the individual’s residence or usual place of abode with some individual of suitable age and discretion then residing therein or, in the case of a corporation, limited liability company, or a partnership or other unincorporated association, by delivering a copy to an officer, member, managing or general partner, or to any agent authorized by appointment or by law to receive service;
2. A copy is sent by certified mail, return receipt requested, to the last known address of the owner, agent, operator, or occupant of the building, as the case may require;
3. A copy is posted on the building or premises in a conspicuous location and is either mailed to the last-known address or delivered to the residence or place of business of the owner, agent, operator, or occupant of the building, as the case may require; or
4. The owner, agent, operator, or occupant of the building, as the case may require, is served by any other method authorized by State law. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-903)

A. Following the expiration of the period of time provided in Section 6.36.040(B)(4), the Code Official shall reinspect the unsafe building described in the notice and correction order.
B. When, after a reinspection, the Code Official determines that the violation specified in the notice and correction order has not been corrected or has only been partially corrected, the Code Official shall report such noncompliance to the City Manager and take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-904)

The following standards shall be followed in substance in ordering the repair, demolition, vacating and placarding and securing of any unsafe building:
A. Repair.
1. If the unsafe building can be reasonably repaired so that it will no longer be in violation of the terms of this chapter, it shall be ordered to be repaired.
2. The owner of an unsafe building that has been ordered to be repaired shall be given notice of the required repairs and a reasonable time to make the repairs.
B. Demolition.
1. In any case where an unsafe building is substantially damaged or decayed or deteriorated from its current tax assessed value or from its original structure and the building cannot reasonably be repaired or reconstructed so that it will no longer be in violation of the terms of this chapter, it shall be ordered to be demolished. If a building is damaged, decayed or deteriorated by more than 50% from its current tax assessed value or from its original structure, then the building shall be considered not reasonable to repair or to reconstruct and it shall be demolished in order to remove the public nuisance.
2. In all cases where an unsafe building is a fire hazard and the fire hazard cannot be abated by any reasonable means other than demolition, then the building shall be ordered to be demolished.
3. The owner of an unsafe building that has been ordered to be demolished shall be given notice of this determination and a reasonable time to remove the building.
4. Whenever the owner fails, neglects or refuses to remedy the conditions which led to the condemnation of the building as unsafe by causing the building to be put in full compliance with this chapter or to demolish and remove the unsafe building within the specified time, the City may, after 30 days’ written notice to the owner, order the demolition of the building, the filling of any excavation and the clearing of the property so that it will be in safe condition. After the expiration of the notice period, the City Manager shall cause the unsafe building to be demolished as soon as practicable.
5. The costs of the demolition work, if performed by the City or by a person awarded a contract for the work in accordance with the laws of the City, shall be paid by the owner of the real property upon which the building stands or did stand. The City shall send the owner a bill for the costs of such demolition by certified mail, return receipt requested, and by regular mail to the owner’s last known address or by any other means reasonably calculated to bring the bill to the owner’s attention. If the owner does not pay the bill within one month after it is presented, the cost shall be a lien against the real property which may be collected and enforced in the same manner as are taxes, special assessments and other liens on real property or collected as provided for in Section 6.40.020(C).
6. Demolition, whether carried out by the owner, by the City, or by a person awarded a contract for the work, shall include the removal of the debris resulting from the demolition and the filling in of the excavation remaining on the property on which the demolished building was located in a manner so as to eliminate potential danger to the public health, safety or welfare arising from the excavation.
C. Vacating and Placarding.
1. If an unsafe building or part of it is in such condition as to make it dangerous to life, property or public safety, the building or part of it shall be ordered to be placarded and vacated.
2. The owner and any occupants of an unsafe building that has been ordered to be vacated shall be given notice to vacate the building immediately or within a specified time, and a warning placard shall be posted at each entrance to such a building.
a. The warning placard shall include language similar to the following:

“THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE City OF TAKOMA PARK.”

The warning placard shall remain posted until the required repairs are made or demolition is completed.
b. No person shall deface or remove any warning placard after it has been posted until the required repairs or demolition have been completed.
c. No person shall remain in or enter any building which has been condemned as unsafe for occupancy or use and posted with a warning placard except for the purpose of making the required repairs or of demolishing the same.
D. Vacating and Securing of Premises.
1. Any person occupying an unsafe building or part of it which has been ordered to be vacated shall vacate the building or part of it in accordance with the terms of the order to vacate.
2. A person shall not occupy and an owner shall not permit a person to occupy an unsafe building or part of it which has been posted with a warning placard and ordered to be vacated until the Code Official approves the reoccupancy and removes the warning placard.
3. Once the unsafe building is vacant, the owner shall secure and board all windows and doors that are accessible from the ground, from an adjacent structure or by the reasonably foreseeable use of a ladder, table or other device and must keep them secured against unauthorized entry. All exterior boards must be completely painted in accordance with the predominant tone of the building. The boards shall not extend beyond the perimeter of the openings and shall cover the entire opening. Door openings shall be secured by having the doors locked and inaccessible.
4. Upon the failure of an owner or occupant of an unsafe building which has been ordered to be vacated to vacate the building or part of it or the failure of an owner to properly secure the dangerous building, the City may cause the building to be vacated or secured. The costs thereof, including reasonable attorney’s fees, shall be paid by the owner. The City shall send the owner a bill for the costs by certified mail, return receipt requested, and by regular mail to the owner’s last known address or by any other means reasonably calculated to bring the bill to the owner’s attention. If the owner does not pay the bill within one month after it is presented, the costs shall be a lien against the real property which may be collected and enforced in the same manner as are taxes, special assessments and other liens on real property or collected as provided for in Section 6.40.020(C).
E. Tenant Displacement. A tenant of an unsafe building who is required to leave the building or part of it as a result of an order to vacate issued under this chapter is displaced.
1. The owner is not required to locate alternative housing if the tenant’s displacement was the result of an act of God or other conditions beyond the control of the property owner or was caused by the tenant’s negligent, wrongful or malicious acts or omissions.
2. Except as provided in subsection (E)(1) above, the owner is required to locate alternative housing for a displaced tenant until such time as the Code Official authorizes reoccupation of the unsafe building or approves any repairs made in accordance with this chapter or until the lease term of the tenant expires, whichever occurs first. The lease term of the tenant shall be deemed to include any notice period required by applicable law for the landlord to terminate the tenancy of the tenant. Any displaced tenant shall continue to be responsible for payment of the rent in the same amount as paid to the owner immediately preceding the displacement, which rent may be paid either to the owner or to the provider of the alternative housing pursuant to the conditions herein described. The owner shall be responsible for the difference between the rent as paid prior to the displacement and the rent required for the alternative housing, except that the owner is not responsible for such difference beyond the lease term of the tenant.
3. Any costs, including reasonable attorney’s fees, incurred by the City in the relocation of any displaced tenants shall be paid by the owner. The City shall send the owner a bill fur the costs of such relocation by certified mail, return receipt requested, and by regular mail to the owner’s last known address or by any other means reasonably calculated to bring the bill to the owner’s attention. If the owner does not pay the bill within one month after it is presented, the cost shall be a lien against the real property which may be collected and enforced in the same manner as are taxes, special assessments and other liens on real property or collected as provided for in Section 6.40.020(C). (Ord. 2003-7 § 1 (part), 2003: prior code § 6-905)

A. The City, in its discretion, may grant an extension of time within which to complete the repair, demolition, vacating or securing of the unsafe building, if:
1. No violation presents an immediate danger to the health, safety or welfare of the occupants of the unsafe building or the public; and
2.a. The owner is experiencing extreme financial hardship, has insufficient resources and cannot obtain financing to rehabilitate the unsafe building to comply with this chapter;
b. Physical conditions of the site or other conditions beyond the control of the owner make it impossible or impracticable to bring the unsafe building into compliance with this chapter; or
c. Legal or other unusual constraints, such as unclear title or probate proceedings, prevent or delay the owner from bringing the unsafe building into compliance with this chapter.
B. The City, in its sole discretion, may revoke an extension of time at any time.
C. Nothing in this section prevents the reasonable enforcement of this chapter or alleviates the requirement to keep buildings and premises in as sanitary, safe, and healthful condition as circumstances permit. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-906)

A. A person aggrieved by a notice or order issued in connection with an alleged violation of this chapter or by a notice and correction order requiring the repair, demolition, vacating, placarding or securing of an unsafe building issued under Section 6.36.040 may file with the City Manager a written notice of appeal specifying the reasons for contesting the notice or order.
B. The notice of appeal shall be filed within the earlier of either 30 days after the notice or order has been served on the person or within the time specified for correction of the violation in a notice and correction order issued under Section 6.36.040.
C. Upon receipt of a properly filed notice of appeal or a report of noncompliance with a notice and correction order from the Code Official pursuant to Section 6.36.050(B), the City Manager shall give written notice to the owner, agent, operator, and/or occupant of the building, as the case may require, in the manner provided by Section 6.36.040, to appear before the City Manager on a date and at a time and place specified to show cause why the unsafe building should not be repaired, demolished, vacated or secured in accordance with the statement of particulars set forth in the notice and correction order or in such other notice or order which is being appealed.
D. The City Manager shall hold a hearing within 30 days of the date of receipt of the notice of appeal or report of noncompliance and hear such testimony as the Code Official, owner, agent, operator, occupant, and any other person having an interest in the property shall offer relative to the unsafe building.
E. Within 30 days after the date of the hearing, the City Manager shall:
1. Make written findings of fact as to whether or not the building in question is an unsafe building;
2. Issue a final order based upon the findings of fact affirming, modifying or revoking the notice and correction order or such other notice or order which is the subject of the appeal and, if applicable, commanding the owner, agent, operator, occupant, and all other persons having an interest in the property, as the case may require, to repair, demolish, vacate or secure any building found to he an unsafe building.
F. If the City Manager fails to hold a hearing within 30 days of the date of receipt of the notice of appeal or report of noncompliance or to make written findings of fact and issue a final order within 30 days after the date of the hearing, then the original notice or order shall be treated as a final order of the City Manager for the purposes of subsection (G) of this section, provided that, with the written consent of the person who filed the notice of appeal, the time period for the City Manager to hold a hearing or to make findings of fact and issue a final order may be extended for up to 60 additional days.
G. Any person aggrieved by a final order of the City Manager issued under this section may file an order for appeal with the Clerk of the Circuit Court of the County in which the building is located. The procedures for an appeal from a final order of the City Manager shall be governed by Title 7, Chapter 200 (Judicial Review of Administrative Agency Decisions), of the Maryland Rules, as amended.
1. An order for appeal shall be filed within 30 calendar days from the date of the final order of the City Manager.
2. The filing of an order for appeal shall not act as a stay of the action appealed from or any action under this chapter, except that the Circuit Court, after notice to the City and a hearing, may grant a stay upon such condition or such security or bond as it deems proper. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-907)

A. The City Manager may cause a final order issued under Section 6.36.080(E) or (F) to be recorded in the Montgomery County Land Records.
B. A transferee, successor or assignee of the unsafe building described in a recorded final order shall be considered to have notice of the continuing existence of the violations and is subject to the penalties and procedures provided by this chapter to the same degree as was the transferor, predecessor or assignor.
C. On determining that there has been compliance with a recorded final order issued under this chapter, the City Manager shall cause a notice of compliance to be recorded among the Montgomery County Land Records. The notice of compliance shall recite the liber and folio land record reference of the recorded final order. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-908)