Chapter 31 Buildings, Dangerous

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Chapter 31 Buildings, Dangerous 31-1 Dangerous Buildings Defined 31-2 Standards For Repair Or Demolition 31-3 Declaration Of Nuisance 31-4 Duties Of Building Inspector 31-5 Duties Of Town Council 31-6 Failure Of Owner To Comply 31-7 Service Of Notices And Orders 31-8 Administrative Liability 31-9 Violations And Penalties [HISTORY: Adopted by the Town Council of Centreville 6-1-1995 by Ord. No. 618. Amendments noted where applicable.] GENERAL REFERENCES Building construction — See Ch. 28. Firesafety inspections — See Ch. 62, Art. I. 31-1 Dangerous Buildings Defined All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings": Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. Those which, exclusive of the foundation, show 10% or more of damage or deterioration of the supporting member or members, or 20% of damage or deterioration of the non-supporting enclosing or outside walls or covering, or 10% of its roof area which is damaged or deteriorated in such a manner as to allow direct access of the elements into the interior of the building. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Town of Centreville. Those which have parts thereof which are so attached that they may fall and injure members of the public or adjacent property. Those having light, air, and sanitary facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein. 31-2 Standards For Repair Or Demolition The following standards shall be followed in substance by the Building Inspector in ordering repair or demolition: If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired. If the dangerous building is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, it shall be ordered to be vacated. In any case where a dangerous building has been ordered to be repaired and no repairs have been commenced on that structure within 60 days of the order of repair or that the building is deemed by both the owner and the Building Inspector to be damaged to such an extent that repair is not economically feasible, then in those events, the building or structure shall be demolished and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. 31-3 Declaration Of Nuisance All dangerous buildings within the terms of this chapter are hereby declared to be public nuisances and shall be repaired or demolished as hereinbefore and hereinafter provided. 31-4 Duties Of Building Inspector The Building Inspector shall: Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter. Inspect or cause to be inspected semiannually all public and semipublic buildings, halls, churches, apartment buildings, commercial or manufacturing buildings for the purposes of determining whether any conditions exist which render such places dangerous buildings within the terms of this chapter. Notify in writing the owner, occupant, lessee, mortgagee, trustee, agent and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County of any building found by him to be a dangerous building within the definitions of this chapter, that: The owner must vacate, repair, or demolish said building in accordance with the terms of the notice and this chapter. The occupant or lessee must vacate said building or have it repaired in accordance with the notice. The mortgagee, trustee, agent or other persons having an interest in said building as shown by the Land Records of Queen Anne's County may, at his own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not to exceed 60 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein. Set forth in the notice provided for in Subsection C hereof: A description of the building or structure deemed unsafe; A statement of the particulars which make the building or structure a dangerous building; and An order requiring the same to be put in condition as to comply with the terms of this chapter within such length of time, not exceeding 60 days, as is reasonable. Report to the Town Council of Centreville any noncompliance with the notice provided for in Subsections C and D hereof. Appear at all hearings conducted by the Town Council of Centreville and testify as to the condition of dangerous buildings. Place a notice on all dangerous buildings reading as follows: "This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been give the owner, occupant, lessee, mortgagee, trustee or agent of this building, and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County. It is unlawful to remove this notice until such notice is complied with." 31-5 Duties Of Town Council The Town Council shall: Upon receipt of a report of the Building Inspector as provided for in § 31-4E give written notice to the owner, occupant, mortgagee, trustee, lessee, agent, and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County to appear before the Town Council on the date specified in the notice to show cause why the building or structure considered to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 31-4C above. Hold a hearing and hear such testimony as the adjacent property owners, Building Inspector or the owner, occupant, mortgagee, trustee, lessee or any other person having an interest in said building as shown by the Land Records of Queen Anne's County shall offer relative to the dangerous building. Make findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is a dangerous building within the terms of § 31-1 hereof. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, trustee, agent and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County to repair, vacate, or demolish any building found to be a dangerous building within the terms of this chapter, provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building or any person not the owner of said dangerous building but having an interest in said building as shown by the Land Records of Queen Anne's County may demolish said dangerous building at his own risk. 31-6 Failure Of Owner To Comply If the owner, occupant, mortgagee, trustee, or lessee fails to comply with the order provided for in § 31-5D within 10 days, the Town Council of Centreville may cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in § 31-2 of this chapter. In additional to any other penalties provided for herein, if the Town causes a dangerous building to be repaired, vacated or demolished, it may assess the costs thereof as a lien against the real property collectible in the same manner as real estate taxes. The remedies provided herein shall not limit the ability of the Town to pursue other legal remedies including filing a legal action in court of competent jurisdiction to force the owner to make all necessary repairs, vacate the property, and/or demolish the building. HISTORY Adopted by Ord. 09-2025 on 6/26/2025 31-7 Service Of Notices And Orders All notices and orders as provided for herein shall be served upon the owners, occupants, mortgagees, trustees, lessees and all other persons having an interest in said building by personal delivery or certified or registered mail, restricted delivery, return receipt requested, to the owner, occupant, lessee, mortgagee, trustee, and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County, at the last known address. If the Town Council of Centreville or the Building Inspector is unable to serve an owner, occupant, lessee, mortgagee, trustee, and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County in the manner as described in this section then, in that instance, the notice or order shall be served by mailing a copy of such notice or order to the last known address of all owners, occupants, mortgagees, trustees, lessees and all other persons having an interest in said building as shown by the Land Records of Queen Anne's County and by posting a copy of said notice or order in a conspicuous place on the dangerous building to which it relates. 31-8 Administrative Liability No officer, agent or employee of the Town of Centreville shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Town of Centreville as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Town of Centreville until final determination of the proceedings therein. 31-9 Violations And Penalties Any owner, occupant, mortgagee, trustee, lessee or any other persons having an interest in any dangerous building as shown by the Land Records of Queen Anne’s County who shall fail to comply with any notice or order to repair, vacate, or demolish said building issued by any person authorized by this chapter to give such notice shall be in violation of this chapter and said violation shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.b of the Town Code. HISTORY Amended by Ord. 13-2024 Amended Penalty Sections throughout the Code on 1/2/2025 Adopted by Res. 19-2024 Establishing certain fines to be paid to the Town of Centreville for Municipal Infractions pursuant to the Authority set forth in the Town of Centreville Charter and Code of the Town of Centreville on 1/2/2025