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 Clarke
A BILL ENTITLED
AN ORDINANCE concerning
Title
Nuisance Abatement - Community or Neighborhood Associations
FOR the purpose of authorizing the Commissioner of Health to designate community or neighborhood associations to remove or abate certain nuisances; providing that the costs and expenses incurred by an association are a lien on the property for which the nuisance was removed or abated; modifying the definition of "nuisance" to encompass expressly certain sanitary maintenance requirements of the Property Maintenance Code; correcting, clarifying, and conforming certain language; and generally relating to the removal or abatement of nuisances.
Body
BY repealing and reordaining, with amendments
Article - Health
Section(s) 5-101(b), 5-102, 5-203, 5-205, and 5-206
Baltimore City Revised Code
(Edition 2000)
BY renumbering
Article - Health
Section(s) 5-303
to be
Section(s) 5-103
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article - Health
Section(s) 5-202
Baltimore City Revised 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 Revised Code
Article - Health
Title 5. Nuisance Control
Subtitle 1. Definitions; General Provisions
§ 5-101. Definitions.
(b) Nuisance.
"Nuisance" includes any of the following, whether or not otherwise regulated by federal, state, or local law:
(1) garbage, rubbish, or other waste, as these terms are defined in Title 7 {"Waste Control"} of this article OR IN THE CITY PROPERTY MAINTENANCE CODE;
(2) vermin infestations or other unsanitary conditions;
(3) water or other liquid leaks or spills;
(4) ANY VIOLATION OF CITY PROPERTY MAINTENANCE CODE § 304 {"EXTERIOR SANITARY MAINTENANCE - GENERAL"} OR § 305 {"EXTERIOR SANITARY MAINTENANCE - TRASH, GARBAGE, AND DEBRIS"}; or
(5) [(4)] any other health or safety hazard.
§ 5-102. Commissioner's duties - GENERAL.
The Commissioner of Health is responsible for:
(1) inspecting all property in the City, as the Commissioner considers necessary or appropriate to discover nuisances; and
(2) requiring the removal of all nuisances so discovered.
§ 5-103. [§ 5-303.] COMMISSIONER'S DUTIES - Enforcement of Maintenance Code.
The Commissioner may:
(1) enforce all provisions of the City Property Maintenance Code; and
(2) issue violation notices and orders under that Code to:
(i) abate, remove, or otherwise deal with nuisances and emergencies affecting the public health; and
(ii) maintain and augment public health programs, such as rodent control, lead paint poisoning prevention, environmental sanitation, and housing hygiene.
Subtitle 2. Nuisance Abatement - Generally
§ 5-202. Notice to persons in charge.
Whenever the Commissioner of Health discovers a condition that the Commissioner considers to be a nuisance or potential nuisance, the Commissioner may issue a written notice to one or more of the following persons or their respective agents:
(1) the person in charge of the property on which the condition exists;
(2) the person in charge of the property from which the condition originates; and
(3) the person in charge of any property that fronts on the street in which the condition exists.
§ 5-203. Contents of notice.
A notice issued under this subtitle must:
(1) identify the property and the condition;
(2) specify the law being violated;
(3) specify the corrective action to be taken;
(4) state the time within which that action must be taken; and
(5) state that, if corrective action is not timely taken:
(i) the Commissioner may [do] CAUSE the needed work TO BE DONE; and
(ii) all costs and expenses will be a lien on the property.
§ 5-205. Abatement by Commissioner.
If the condition is not corrected within the time specified in the notice, the Commissioner may:
(1) proceed to remove or abate the condition at the expense of the person in charge of the property; OR
(2) DESIGNATE A COMMUNITY OR NEIGHBORHOOD ASSOCIATION TO REMOVE OR ABATE THE CONDITION AT THE EXPENSE OF THE PERSON IN CHARGE OF THE PROPERTY.
§ 5-206. Costs and expenses.
(a) Person in charge liable.
The person in charge is liable [to the City] for all costs and expenses incurred BY THE CITY OR DESIGNATED ASSOCIATION in:
(1) removing or abating the condition identified in the notice; and
(2) posting or publishing notice under § 5-204 {"Service of notice"} of this subtitle.
(b) Costs and expenses as lien.
Until paid in full, these costs and expenses are a lien on the entire property from OR FOR which the condition was removed or abated.
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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