* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL R
(Resolution)
Introduced by: President Young
A RESOLUTION ENTITLED
A COUNCIL RESOLUTION concerning
title
In Support of State Legislation - Senate Bill-130/House Bill 365 - Baltimore City - Nuisance Abatement and Local Code Enforcement - Community Associations
FOR the purpose of expressing support for Senate Bill-130/House Bill 365 as prepared for hearing before the Senate Judicial Proceedings and House Environmental Matters Committees; requesting the Honorable Chair and Members of the Committees to give the legislation a favorable report, and; urging the Honorable Chairs and Members of the Baltimore City Delegation to work to secure passage of Senate Bill 130/House Bill 365 should the legislation be reported favorably to the Senate and House floors.
body
Recitals
Senate Bill 130/House Bill 365 seeks to alter the definition of community association to allow for groups of residents to take action against the owners of properties in Baltimore City that are in violation of certain sections of the Baltimore City Code that significantly affect residents of the neighborhood; is injurious to public health, safety, or welfare of neighborhood residents, or; obstructs the reasonable use of other property in the neighborhood.
This legislation provides that a community association may seek injunctive and other equitable relief in the circuit court for abatement of a nuisance if it has not been abated and the code enforcement agency has not filed an action following 60 days notice to the enforcement agency, the property owner, and the tenant. In the case of a nuisance based on a housing or building code violation, other than a recurrent sanitation violation, relief may not be granted unless a violation notice has been issued by the Department of Housing and Community Development and remains outstanding for a period of 75 days.
The Community Law Center reports that SB 130 is designed to allow community associations to take action against nuisances that are not a priority for City Code Enforcement. Allowing the community to address nuisance properties through private legal action takes the burden and expense off City government and enables communities to utilize the law to make their neighborhoods cleaner and safer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BALTIMORE, That this Body hereby expresses support for Senate Bill-130/House Bill 365 as prepared for hearing before the Senate Judicial Proceedings and the House Environmental Matters Committees; requests the Honorable Chair and Members of the Committees to give the legislation a favorable report, and; urges the Honorable Chairs and Members of the Baltimore City Senate and House Delegations to work to secure passage of Senate Bill 130/House Bill 365 should the legislation be reported favorably to the Senate and House floors.
AND BE IT FURTHER RESOLVED, That a copy of this Resolution be sent to the Honorable Chair and Members of the Senate Judicial Proceedings Committee to be included in the record of the hearing of February 7, 2012 at 1 p.m. and to the Honorable Chair and Members of the House Environmental Matters Committee to be included in that Committees deliberations.
AND BE IT FURTHER RESOLVED, That a copy of this Resolution be sent to the Mayor, the Housing Commissioner, the Executive Director of the Baltimore City Environmental Control Board, and the Mayor's Legislative Liaison the City Council.
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