Chapter 6.36
UNSAFE BUILDINGS—PUBLIC NUISANCE ABATEMENT*
Sections:
6.36.010 Unsafe buildings—Public nuisance declared.
6.36.020 Adoption of Montgomery County Code.
6.36.030 Amendments to Chapter 26, Housing and Building Standards, of the Montgomery County Code.
6.36.050 Vacating and placarding.
6.36.060 Vacating and securing of premises.
* 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.
6.36.010 Unsafe buildings—Public nuisance declared.
Any building or structure or part thereof that is determined to have become a hazard to the life, health, safety, or general well-being of the occupants or the public may be deemed an unsafe building or public nuisance. (Ord. 2013-25 § 1, 2013/Ord. 2003-7 § 1 (part), 2003: prior code § 6-900)
6.36.020 Adoption of Montgomery County Code.
The provisions of the following sections of Chapter 26, Housing and Building Maintenance Standards, of the Montgomery County Code, as amended from time to time, are incorporated herein as Chapter 6.36 adopted as the Unsafe Buildings—Public Nuisance Abatement Code:
A. Section 26-13. Designation of unfit dwellings and unsafe nonresidential structures; condemnation.
B. Section 26-14. Repair or removal of condemned buildings or structures.
C. Section 26-15. Severe conditions and corrective actions. (Ord. 2013-25 § 1, 2013)
6.36.030 Amendments to Chapter 26, Housing and Building Standards, of the Montgomery County Code.
A. The word “County” in Sections 26-13, 26-14 and 26-15 is amended to read “City.”
B. The phrase “Enforcing Agency” is defined as:
1. The Department of Housing and Community Affairs;
2. The City of Takoma Park; or
3. Any employee, agency or department of the City government or any City contractor or agent that the City Manager assigns to enforce the Property Maintenance Code or any provision thereof. (Ord. 2013-25 § 1, 2013)
6.36.040 Right of entry.
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. 2013-25 § 1, 2013/Ord. 2003-7 § 1 (part), 2003: prior code § 6-901. Formerly 6.36.020)
6.36.050 Vacating and placarding.
A. 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.
B. 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.
1. 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.
2. No person shall deface or remove any warning placard after it has been posted until the required repair or demolition has been completed.
3. No person shall remain in or enter any building that 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. (Ord. 2013-25 § 1, 2013/Ord. 2003-7 § 1 (part), 2003: prior code § 6-905. Formerly 6.36.060)
6.36.060 Vacating and securing of premises.
A. Any person occupying an unsafe building or part of it that has been ordered to be vacated shall vacate the building or part of it in accordance with the terms of the order to vacate.
B. 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 re-occupancy and removes the warning placard.
C. 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.
D. 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). (Ord. 2013-25 § 1, 2013)
6.36.070 Tenant displacement.
Repealed by Ord. 2023-17. (Ord. 2013-25 § 1, 2013)