Introduced by: The Council President
At the request of: The Administration (Baltimore Housing)
A Bill Entitled
An Ordinance concerning
title
Building, Fire, and Related Codes - Liability and Lien for Expenses
For the purpose of providing that the provisions governing liability and liens for and collection of expenditures incurred by the Building Official in connection with enforcement of the Building Code apply also to expenditures incurred by State departments, agencies, units, and entities in connection with that enforcement.
body
By repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section 2-104 (BC § 118)
Baltimore City Revised Code
(2015 Edition)
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 - Building, Fire, and Related Codes
Part II. International Building Code
§ 2-103. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 1. Scope and Administration
Section 118 Liability for Expenses and Collection of Debts and Liens
118.1 Scope. This § 118 applies to all cases where:
1. the Building Official enforces any provision of this Code, including but not limited to:
a. the elimination of any safety, health, or fire hazard,
b. the elimination of any nuisance, blight, or insanitary condition,
c. the removal of any abandoned or illegally constructed structure or other
object, or
d. the taking of any corrective action in emergencies or otherwise, and
2. in connection with those efforts, the Building Official or any department, agency, unit, or body corporate and politic of this State, including the Maryland Stadium Authority:
a. furnishes or causes to be furnished any labor, supervision, equipment, or materials, or
b. performs or causes to be performed any inspection, work, or operation to eliminate the hazard or condition or to remove the structure or other object.
118.2 Liability and lien for expenses. In the cases described in § 118.1, the entire amount of the Building Official’s expenditures and of the expenditures incurred by any department, agency, unit, or body corporate and politic of this State, including the Maryland Stadium Authority, together with all incidental costs and all accrued penalties:
1. are a personal debt owed to the City jointly and severally by every person made liable under this Code, and
2. are a lien in favor of the City on the land and improvements in respect to which the expenditures were made.
118.3 When debts and liens become effective. All debts become due and owing to the City immediately when the work is completed or the expenditure made. All liens become effective immediately after the Building Official notifies the Bureau of Liens that appropriate notice has been given or that a structure has been posted in accordance with this Code.
118.4 Collection of debts and liens. All debts due and liens incurred under this § 118:
1. are collectible from any assets of the persons made liable under this Code,
including a former owner, and
2. may be collected and enforced in the same way that the City collects and
enforces other debts due to it or liens in its favor.
118.5 Priority over other liens and encumbrances. All debts and liens incurred under this § 118 have priority over all other liens and encumbrances, except taxes or other government assessments.
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.