ord-02-2026-vacant-property.pdf

TOWN COUNCIL OF CENTREVILLE

ORDINANCE 02-2026

AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE ADDING A NEW

CHAPTER 150 OF THE TOWN CODE TO ESTABLISH THE PROCEDURES AND

REQUIREMENTS FOR VACANT PROPERTIES AND MATTERS GENERALLY

RELATED THERETO

WHEREAS, the Town Council of Centreville believes it is in their best interest to add a new Chapter 5 to the Town Code to govern the procedures and requirements for vacant properties; and WHEREAS, all future amendments to Chapter 150 of the Town Code will be completed by Ordinance.

NOW THEREFORE, the Town Council of Centreville hereby ordains:

1. The Centreville Town Code is hereby amended to add a new Chapter 150 entitled

Vacant Property, which is attached hereto as Exhibit A.

2. This Ordinance shall become effective on the twenty-first day after its enactment.

ATTEST: THE TOWN COUNCIL OF CENTREVILLE

____________________________________

R. Gaye Adams Ashley Heffernan Kaiser, Esq., President Town Clerk ___________________________________

First Reading: Jeffrey D. Kiel, Vice President Second Reading:

Enacted:

Effective: ___________________________________

Sandra Lee Huffer, Member ___________________________________

Frederick E. Beu, Member ____________________________________

Fred M. McNeil, Member

Chapter 150 Vacant Property

Article I. General Provisions

§ 150-1. Title.

This chapter shall be known as the “Centreville Vacant Property Code.”

§ 150-2. Purpose.

The purpose of this chapter is to protect residential and nonresidential areas of the Town from blighting influences and other harmful conditions associated with vacant and abandoned properties by establishing requirements for registration, local contact information, monitoring, and enforcement.

This chapter is intended to supplement, and not replace, other applicable provisions of the Town Code, including but not limited to Chapter 28, Building Construction; Chapter 31, Buildings, Dangerous; and other applicable fire, zoning, nuisance, and public safety regulations.

§ 150-3.

More restrictive provisions to apply.

Where the provisions of this chapter conflict with another applicable provision of the Town Code or other law, the more restrictive provision or higher standard shall govern.

§ 150-4.

Effect on other laws.

Nothing in this chapter shall be construed to supersede or limit the Town’s authority under any other applicable provision of the Town Code or under state or federal law.

§ 150-5. Severability.

If any provision of this chapter is held invalid, such holding shall not affect the remaining provisions of this chapter.

Article II. Definitions

§ 150-6. Definitions.

DAYS

Consecutive calendar days.

EVIDENCE OF VACANCY

Any condition that, alone or in combination with other conditions, would lead a reasonable person to believe that a property is not lawfully occupied or actively used. Such conditions may include, without limitation, overgrown or dead vegetation, accumulation of mail or circulars, utility disconnection, accumulation of trash, junk, or debris, boarded openings, absence of furnishings or personal effects consistent with occupancy, or similar observable conditions.

LOCAL AGENT

A natural person or business entity designated by the owner to accept notices and to arrange for inspection, security, and maintenance of property subject to this chapter, and whose mailing address is within Queen Anne’s County or a county contiguous to Queen Anne’s County on the Eastern Shore of Maryland.

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OWNER

Any person or legal entity holding legal or equitable title to property, as shown in the land records, tax records, or other official records. The term may also include any receiver or other person or entity lawfully exercising control over the property.

PROPERTY

Any unimproved or improved real property, or portion thereof, including any building, structure, or improvement located thereon.

VACANT

A building, structure, or property that is not lawfully occupied or actively used.

Article III. Administration

§ 150-7.

Administration and enforcement.

The Department of Planning and Zoning shall administer and enforce this chapter and maintain records under this chapter.

§ 150-8.

Official responsible for enforcement.

The Zoning Administrator, or designee, shall be the official responsible for administration and enforcement of this chapter.

§ 150-9.

Notice of determination.

If the Zoning Administrator determines that a property is subject to this chapter, the owner shall be notified in writing of that determination, the basis for the determination, the requirement to register the property, and the right to appeal pursuant to Article VIII.

§ 150-10.

Public records.

Registration records maintained under this chapter shall be public records to the extent required by applicable law.

§ 150-11.

Forms and procedures.

The Department of Planning and Zoning may prescribe forms and procedures for registration, renewal, waivers, exemptions, and related submissions under this chapter.

§ 150-12.

Record retention.

Records maintained pursuant to this chapter shall be retained in accordance with the Town’s records retention policies and applicable law.

Article IV. Applicability; Determination; Waivers

§ 150-13.

Property subject to this chapter.

A property shall be subject to this chapter when the property is vacant and one or more of the following conditions exists:

A. The property is unsecured, boarded, or otherwise open to unauthorized entry;

B. Construction, reconstruction, rehabilitation, or similar work was commenced under a permit that has expired or been revoked, and work has been discontinued for at least six (6) months, resulting in an incomplete structure or one unsuitable for lawful occupancy or use;

Ord-02-2026-Chapter-150-Vacant-Property-Exhibit A Page | 2 C. A building or structure on the property has been substantially damaged by fire, flood, or other casualty, and the condition has remained uncorrected for at least 180 days without substantial progress toward repair, demolition, or lawful occupancy or use;

D. The property shows evidence of chronic neglect, including but not limited to accumulation of trash or debris, overgrown vegetation, repeated trespass or nuisance activity, or similar observable conditions indicating abandonment; or E. The property otherwise exhibits evidence of vacancy and abandonment sufficient to support a determination by the Zoning Administrator that the property is subject to this chapter.

§ 150-14.

Relationship to other codes.

A determination that a property is subject to this chapter shall not preclude enforcement under any other applicable provision of the Town Code.

Property subject to this chapter shall comply with all other applicable provisions of the Town Code, including Chapter 28, Building Construction, which adopts and amends the International Property Maintenance Code.

Where a building or structure also constitutes a dangerous building under Chapter 31, Buildings, Dangerous, enforcement relating to repair, vacating, demolition, abatement, and related proceedings shall be governed by Chapter 31.

§ 150-15.

Factors relevant to determination.

In determining whether a vacant property is subject to this chapter, the Zoning Administrator may consider any relevant facts, including evidence of vacancy, the condition of structures and exterior areas, whether openings are secured, whether utilities have been discontinued, and whether there is evidence of chronic neglect or failure to maintain the property.

§ 150-16.

Waivers and temporary exemptions.

The Zoning Administrator may grant a temporary waiver from, or exemption to, registration under this chapter, in whole or in part, upon written application by the owner and upon a finding that the property is adequately secured and maintained and that one or more of the following applies:

A. The property is actively marketed for sale or lease through a bona fide listing agreement;

B. A foreclosure, receivership, probate, bankruptcy, or similar proceeding affecting the property is pending;

C. The owner has submitted a written plan and schedule, acceptable to the Zoning Administrator, for lawful rehabilitation and lawful occupancy or use of the property and the owner diligently implements the plan;

D. The owner has submitted a written demolition plan and schedule, acceptable to the Zoning Administrator, including removal of debris and site stabilization;

E. Multifamily residential properties where some of the units are occupied;

F. The property is a vacant lot which is contiguous to a lot with an occupied building and both lots are under common ownership; or G. Other circumstances exist demonstrating good cause for a temporary waiver or exemption consistent with the purpose of this chapter.

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§ 150-17.

Conditions; expiration; revocation.

Any waiver or exemption granted under § 150-16 may be conditioned, time-limited, and revoked upon failure to maintain the property or comply with the approved plan or conditions of approval.

Article V. Registration

§ 150-18.

Registration required.

Except as otherwise provided by an approved waiver or exemption under this chapter, the owner of any property subject to this chapter shall register the property with the Department of Planning and Zoning.

§ 150-19.

Time for registration.

Registration shall be filed within 30 days after written notice from the Town that the property has been determined to be subject to this chapter. In the event of any transfer of ownership of a registered property, the new owner shall file a registration or updated registration within 30 days after the transfer.

§ 150-20.

Registration contents.

The registration shall be made on a form provided by the Town and shall include, at a minimum:

A. The street address and tax account identification of the property;

B. The name, mailing address, email address, and telephone number of all owners of the property;

C. If the owner’s mailing address is outside Queen Anne’s County or a county contiguous to Queen Anne’s County on the Eastern Shore of Maryland, the name, mailing address, email address, and telephone number of a local agent responsible for the security and maintenance of the property;

D. The approximate date on which the property became vacant, if known, and an explanation of the reason for the vacancy; and E. Such other information as the Town may reasonably require to administer this chapter.

§ 150-21.

Annual renewal.

Registration shall be renewed annually for so long as the property remains subject to this chapter.

§ 150-22.

Changes in information.

Any change in the information contained in the registration shall be reported in writing within 30 days after the change.

§ 150-23.

Termination of registration.

The obligation to renew registration shall cease upon written confirmation by the Town that the property may lawfully be occupied or actively used, or has been lawfully demolished, and the site stabilized.

§ 150-24.

Registration fees.

Each initial registration and annual renewal shall be accompanied by the fee established by the Town’s adopted fee schedule, as amended from time to time.

A registration shall not be deemed complete until the required fee has been paid.

Ord-02-2026-Chapter-150-Vacant-Property-Exhibit A Page | 4 Fees paid pursuant to this chapter shall not be refundable by reason of later compliance, transfer, demolition, or approval of a waiver or exemption, unless expressly authorized by the Town Council.

Article VI. Owner Responsibilities

§ 150-25.

General responsibilities.

The owner of property subject to this chapter shall:

A. Maintain current registration information;

B. Respond in a timely manner to reasonable Town requests regarding the property;

C. Comply with any conditions of an approved waiver, exemption, or other approved submission under this chapter;

D. Maintain and secure the property in compliance with Chapter 28, Building Construction, including the International Property Maintenance Code as adopted and amended by the Town,

Chapter 24 Brush,

Grass, and Weeds, and other applicable Town Code provisions; and E. Where applicable, comply with Chapter 31, Buildings, Dangerous.

§ 150-26.

Access for inspection.

Where entry onto private property or into a structure is reasonably necessary to enforce this chapter, such entry shall be in accordance with applicable law.

§ 150-27.

Posted contact information.

The Zoning Administrator may require a weather-resistant placard, in a form approved by the Town, to be posted on the property identifying the owner or local agent responsible for the property.

Article VII. Enforcement

§ 150-28. Violations.

It shall be unlawful for any owner or other responsible person to:

A. Fail to register a property required to be registered under this chapter;

B. Fail to renew a registration required by this chapter;

C. Provide false or misleading information in a registration or related submission;

D. Fail to update registration information as required by this chapter;

E. Fail to comply with any condition of an approved waiver, exemption, or other approved submission under this chapter; or F. Fail to comply with any other requirement of this chapter.

§ 150-29.

Municipal infraction.

A violation of this chapter shall constitute a Class B municipal infraction and shall be subject to the penalties provided in § 1-14 of the Town Code and the Town’s adopted schedule of municipal infraction fines, as amended from time to time.

§ 150-30.

Other remedies.

The remedies provided in this chapter are cumulative and not exclusive. The Town may also pursue any other remedy authorized by law or by other provisions of the Town Code, including enforcement under Chapter 24 Brush, Grass, and Weeds, Chapter 28, Building Construction, Chapter 31, Buildings, Dangerous, nuisance abatement procedures, and any action in a court of competent jurisdiction.

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Article VIII. Appeals

§ 150-31. Appeals.

Any person aggrieved by a determination of the Zoning Administrator under this chapter, including a determination that a property is subject to this chapter or a decision regarding a waiver or exemption, may appeal such determination to the Board of Zoning Appeals by filing a written notice of appeal with the Board of Zoning Appeals within 15 days after receipt of the written notice of determination.

§ 150-32.

Effect of appeal.

The filing of an appeal shall not automatically stay any requirement necessary to protect public health or safety. Following a hearing, the Board of Zoning Appeals may affirm, modify, or reverse the determination appealed from.

§ 150-33.

Effect on Chapter 31 and other appeal procedures.

This article shall not alter the procedures applicable to dangerous building proceedings under

Chapter 31

or to any separate appeal procedures applicable under other adopted codes.

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