Baltimore City Council
File #: 05-0277    Version: 0 Name: Land Use Conditions - Compliance Verification
Type: Ordinance Status: Failed - End of Term
File created: 11/7/2005 In control: City Council
On agenda: Final action: 12/5/2007
Enactment #:
Title: Land Use Conditions - Compliance Verification FOR the purpose of requiring inspections to verify compliance with conditions imposed by or in connection with certain land use authorizations; defining certain terms; requiring certain notices and reports; and generally relating to compliance with conditions imposed on the grant of land use authorizations.
Sponsors: Kenneth Harris, James B. Kraft, Robert Curran, President Young, Helen L. Holton, Belinda Conaway, Agnes Welch, Rochelle Spector, Edward Reisinger, Paula Johnson Branch, President Dixon
Attachments: 1. 277-1st Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * 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          

                                                                                                                                                           

Introduced by:  Councilmember Harris                                                                                             

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Land Use Conditions - Compliance Verification

 

FOR the purpose of requiring inspections to verify compliance with conditions imposed by or in connection with certain land use authorizations; defining certain terms; requiring certain notices and reports; and generally relating to compliance with conditions imposed on the grant of land use authorizations.

Body

BY adding

Article 13 - Housing and Urban Renewal

Section(s) 2-15

Baltimore City Code

(Edition 2000)

 

SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 13.  Housing and Urban Renewal

 

§ 2-15.  VERIFYING COMPLIANCE WITH LAND USE CONDITIONS.

 

(A)  "LAND USE AUTHORIZATION" DEFINED.

 

IN THIS SECTION, "LAND USE AUTHORIZATION" MEANS ANY LEGISLATIVE OR ADMINISTRATIVE APPROVAL OF:

 

(1)                     A CHANGE IN THE ZONING CLASSIFICATION OF ANY PROPERTY;

 

(2)                     A CONDITIONAL USE FOR ANY PROPERTY; OR

 

(3)                     A PLANNED UNIT DEVELOPMENT.

 

 

(B)  NOTICE TO COMMISSIONER.

 

(1)                     WITHIN 30 DAYS OF THE GRANT OF ANY LAND USE AUTHORIZATION, NOTICE OF THE AUTHORIZATION MUST BE GIVEN TO THE COMMISSIONER OF HOUSING AND COMMUNITY DEVELOPMENT.

 

(2)                     THE NOTICE SHALL BE PROVIDED AS FOLLOWS:

 

(I)                     FOR AN ORDINANCE OR OTHER LEGISLATIVE AUTHORIZATION, BY THE EXECUTIVE SECRETARY OF THE CITY COUNCIL;

 

(II)                     FOR AN ADMINISTRATIVE  AUTHORIZATION OF THE BOARD OF MUNICIPAL AND ZONING APPEALS, BY THE EXECUTIVE DIRECTOR OF THE BOARD; AND

 

(III) FOR ANY OTHER ADMINISTRATIVE AUTHORIZATION, BY THE OFFICIAL GRANTING THE AUTHORIZATION.

 

(C)  INSPECTIONS.

 

(1)                     THE COMMISSIONER SHALL CAUSE  EVERY PROPERTY SUBJECT TO A LAND USE AUTHORIZATION TO BE PERIODICALLY INSPECTED FOR COMPLIANCE WITH ALL CONDITIONS IMPOSED BY OR IN CONNECTION WITH THE AUTHORIZATION.

 

(2)                     THE INSPECTIONS SHALL BE CONDUCTED:

 

(I)                     FIRST, WITHIN 6 MONTHS OF THE GRANT OF THE LAND USE AUTHORIZATION; AND

 

(II)                     SUBSEQUENTLY, FOR AS LONG AS ANY CONDITION REMAINS TO BE FULFILLED OR CONTINUES TO BE OPERATIVE, AT LEAST ONCE EVERY 2 YEARS .

 

(D)  REPORTS.

 

(1)                     THE COMMISSIONER SHALL SUBMIT REPORTS OF THESE INSPECTIONS TO:

 

(I)                     THE PERSONS IDENTIFIED IN SUBSECTION (B)(2) OF THIS SECTION;

 

(II)                     THE DEPARTMENT OF PLANNING; AND

 

(III) IF THE PROPERTY IS FOUND TO BE IN VIOLATION OF THE LAND USE AUTHORIZATION, TO THE APPROPRIATE  ENFORCEMENT OFFICIALS.

 

(2)                     THE DEPARTMENT OF PLANNING SHALL FORWARD A COPY OF EACH REPORT TO THE COMMUNITY ASSOCIATIONS ON RECORD WITH IT AS HAVING AN INTEREST IN THE SUBJECT LAND USE AUTHORIZATION.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.

 

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art13/ZngVerfctn/aa:me

 

 

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