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 Curran
A BILL ENTITLED
AN ORDINANCE concerning
Title
Disposition of City Property - Current Appraisal
FOR the purpose of requiring a current appraisal before any real property of the City may be sold, leased, conveyed, transferred, exchanged, or otherwise disposed of; defining certain terms; correcting clarifying, and conforming certain language; repealing certain obsolete provisions; and generally relating to the disposition of City property.
Body
BY adding
Article 5 - Finance, Property, and Procurement
Section(s) 19-1
Baltimore City Code
(Edition 2000)
BY renumbering and repealing and reordaining, with amendments
Article 5 - Finance, Property, and Procurement
Section(s) 19-1 to be Section(s) 19-2
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 13 - Housing and Urban Renewal
Section(s) 2-6(e)(1) and 2-7(f)(1)-(3), (h)(2), (jj)(5), and (mm)
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 28 - Taxes
Section(s) 8-3(a) and (d)
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 5. Finance, Property, and Procurement
Subtitle 19. Real Estate Appraisals
§ 19-1. CURRENT APPRAISAL REQUIRED.
(A) DEFINITIONS.
(1) IN GENERAL.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(2) CURRENT APPRAISAL.
"CURRENT APPRAISAL" MEANS AN APPRAISAL MADE NO MORE THAN 6 MONTHS BEFORE THE DISPOSITION.
(3) DISPOSITION.
"DISPOSE" MEANS TO SELL, LEASE, CONVEY, TRANSFER, EXCHANGE, OR OTHERWISE DISPOSE OF REAL PROPERTY OF THE CITY.
(B) REQUIREMENT.
EXCEPT ONLY AS EXPRESSLY SPECIFIED IN AN ORDINANCE AUTHORIZING THE DISPOSITION OF SPECIFIC PROPERTY, NO REAL PROPERTY OF THE CITY MAY BE DISPOSED OF UNLESS THE PROPERTY HAS BEEN THE SUBJECT OF A CURRENT APPRAISAL.
§ 19-2. [§ 19-1.] Certified or licensed appraiser required.
[(a) In general.]
[Where] WHENEVER the City is required by law or contract to subject real property to an appraisal, that appraisal [shall] MUST be performed by a [real estate appraiser] PERSON who is certified or licensed AS A REAL ESTATE APPRAISER under [the provisions of] Title 16 [- "Real Estate Appraisers"] {"REAL ESTATE APPRAISERS AND HOME INSPECTORS"} of the STATE Business Occupations and Professions Article [of the Annotated Code of Maryland].
[(b) Exception.
The provisions of this section shall not apply to appraisals conducted or ordered on or before the date of enactment of this section.]
Article 13. Housing and Urban Renewal
Subtitle 2. Department of Housing and Community Development
§ 2-6. Adoption and approval of plan.
(e) Effect of ordinance.
(1) The approval by ordinance of a Renewal Plan or a Conservation Plan when required by subsection (b) of this section [shall constitute] CONSTITUTES authorization to the Department of Housing and Community Development to:
(i) acquire, by condemnation if necessary, all land and improvements [thereon] ON or interests [therein] LAND designated for acquisition in [said] THE Renewal Plan or Conservation Plan; and
(ii) subject to the approval of the Board of Estimates AND OTHER CONDITIONS [as hereinafter provided] REQUIRED BY THIS ARTICLE, to dispose of all land and improvements [thereon] ON or interests [therein] IN LAND designated for disposition in [said] THE Renewal Plan or Conservation Plan.
§ 2-7. Specific powers.
(f) Disposing of property.
(1) In accordance with applicable Renewal Plans or Conservation Plans, to sell at public or private sale, lease, convey, transfer, or otherwise dispose of any land or property, or any interest [therein] IN LAND OR PROPERTY, acquired by it regardless of whether or not it has been developed, redeveloped, altered, or improved and irrespective of the manner or means in or by which it may have been acquired, to the United States of America, the Housing Authority of Baltimore City, or the State of Maryland, or any department or agency [thereof] OF THEM, or of any private, public, or quasi-public corporation, partnership, association, person, or other legal entity, for conservation, development, or redevelopment, including but not limited to [the] renovation or rehabilitation [thereof].
(2) [Provided, however, that all] ALL contracts for the sale, lease, conveyance, transfer, or other disposition of any [of said] land or property or for the transfer of any other interest [therein] shall be executed in the name of the Mayor and City Council of Baltimore and [shall] require the approval of the Board of Estimates prior to execution as to the legal and financial ability of the contracting parties.
(3) [Such] THE contracts shall provide for the sale, lease, conveyance, transfer, or other disposition [of land or property or any interest therein] at [such] THE prices and on [such] THE terms [as may be] appropriate to the uses prescribed for [such] THE land or property by the applicable Renewal Plan or Conservation Plan and TO the restrictions [upon,] ON and the covenants, conditions, and obligations assumed by the purchaser, transferee, or lessee. NO LAND OR PROPERTY OR INTEREST IN LAND OR PROPERTY MAY BE SOLD, LEASED, CONVEYED, TRANSFERRED, OR OTHERWISE DISPOSED OF UNDER A RENEWAL PLAN OR CONSERVATION PLAN UNLESS THE PROPERTY HAS BEEN THE SUBJECT OF A CURRENT APPRAISAL, AS PROVIDED IN CITY CODE ARTICLE 5, SUBTITLE 19.
(h) Acquisition of deteriorated or abandoned property.
(2) (i) In this paragraph, "abandoned property" has the meaning given in § 21-17 of the Public Local Laws of Baltimore City.
(ii) Subject to the approval of the Board of Estimates AND ITEM (III) OF THIS PARAGRAPH, the Department, acting on behalf of the Mayor and City Council of Baltimore, may:
(A) negotiate for and acquire, by purchase, lease, gift, condemnation, or any other legal means, any abandoned property in the City for development or redevelopment;
(B) develop or redevelop any abandoned property acquired, including but not limited to the demolition or rehabilitation of the property or otherwise eliminating blighting and unsafe conditions;
(C) sell, transfer, or otherwise dispose of any abandoned property acquired, regardless of whether the property has been altered or improved; and
(D) use, operate, manage, or maintain any abandoned property acquired pending development, redevelopment, or other disposition.
(III) NO PROPERTY ACQUIRED UNDER THIS SUBSECTION MAY BE SOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF UNLESS THE PROPERTY HAS BEEN THE SUBJECT OF A CURRENT APPRAISAL, AS PROVIDED IN CITY CODE ARTICLE 5, SUBTITLE 19.
(jj) Industrial growth.
(5) Board of Estimates' approval.
(i) Before the City may acquire any land or property under Article II, § (15A) of the City Charter, the Board of Estimates, in its sole and absolute discretion, must first determine that the land or property is needed for or in connection with the industrial growth of the City of Baltimore, as contemplated by Article II, § (15A).
(ii) Before the City may dispose of any land or property acquired under Article II, § (15A) of the City Charter, the Board of Estimates, in its sole and absolute discretion, must first determine that the land or property will be used for or in connection with industrial growth in Baltimore City, as contemplated by Article II, § (15A). NO LAND OR PROPERTY MAY BE SOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF UNDER THIS SUBSECTION UNLESS THE PROPERTY HAS BEEN THE SUBJECT OF A CURRENT APPRAISAL, AS PROVIDED IN CITY CODE ARTICLE 5, SUBTITLE 19.
(iii) The terms and conditions of any contract for the acquisition or disposition of any land or property must be approved by the Board of Estimates.
(mm) Blighting or deteriorating property.
(1) Subject to the prior approval of the Board of Estimates and the City Council [as hereafter provided], to acquire for and on behalf of the Mayor and City Council of Baltimore any parcel of vacant land [within the boundary lines of Baltimore] IN THE City by purchase, lease, condemnation, gift, or other legal means, for [consideration] CONSOLIDATION with adjoining property [or properties], for land banking, or for development, including disposition [thereof], when the Commissioner has determined:
(i) that [such] THE parcel of vacant land constitutes a serious and growing menace to the public health, safety, and welfare;
(ii) that [such] parcel of vacant land contributes to the blighting or deterioration of the area immediately surrounding it; and
(iii) that the owner of [such] THE parcel of vacant land has failed to maintain the [said] THE parcel or to correct [the] ITS blighting influence [thereof].
(2) Prior approval of the City Council [shall] MUST be obtained by sending a list of properties proposed to be acquired [hereunder] UNDER THIS SUBSECTION to the members of the City Council and to the President of the City Council, who shall have a list published in the City Council Journal[, and, if]. IF no written objection to the acquisition [thereof by] FROM a member of the Council is received by the President within 15 days of publication, [he] THE PRESIDENT shall so certify to the Commissioner[; where]. IF timely objection to the acquisition of a property is made, the acquisition of [said] THAT property [shall be] IS deemed not approved by the City Council and [then] the Commissioner shall seek authority for [such] THE acquisition by ordinance of the Mayor and City Council.
(3) NO PROPERTY ACQUIRED UNDER THIS SUBSECTION MAY BE SOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF UNLESS THE PROPERTY HAS BEEN THE SUBJECT OF A CURRENT APPRAISAL, AS PROVIDED IN CITY CODE ARTICLE 5, SUBTITLE 19.
Article 28. Finance, Property, and Procurement
Subtitle 8. Tax Sales
§ 8-3. Resales of tax property.
(a) Comptroller authorized to sell.
(1) [The] SUBJECT TO THE REQUIREMENTS OF THIS SECTION, THE City Comptroller may [from the certified list hereinafter provided for,] offer for sale, AT EITHER PUBLIC OR PRIVATE SALE, any property purchased by the Mayor and City Council of Baltimore at sales [of property by the Director of Finance] for nonpayment of taxes[, at either public or private sale].
(2) If an offer [be] IS made for [any such] A property [which] THAT, in the CITY COMPTROLLER'S judgment [of said City Comptroller], [shall be] IS advantageous to the Mayor and City Council of Baltimore, the [said] City Comptroller [is hereby authorized to] MAY accept [such] THE offer and [further authorized and directed to], ON PAYMENT OF THE PURCHASE PRICE, execute and deliver to the purchaser [an all right, title, and interest] A deed for the property [upon payment of the purchase money].
(3) NO PROPERTY MAY BE SOLD UNDER THIS SECTION UNLESS THE PROPERTY HAS BEEN THE SUBJECT OF A CURRENT APPRAISAL, AS PROVIDED IN CITY CODE ARTICLE 5, SUBTITLE 19.
(d) Approval of Board of Estimates and Solicitor.
(1) [And provided that all such shall] ALL sales UNDER THIS SECTION MUST be ratified by the Board of Estimates.
(2) [And provided further, that no] NO deed [or deeds shall] MAY pass under this section unless [the same be] approved as to form and legal sufficiency by the City Solicitor.
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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