AS AMENDED ON JANUARY 26, 2004
CITY OF SALISBURY
ORDINANCE NO. 1892
AN ORDINANCE of the Mayor and the Council of the City of Salisbury to add Article XXVIII - CITY TO REPAIR STRUCTURES - ASSESSMENT OF COST to permit the City to repair structures and to assess the cost to the owner.
WHEREAS, the ongoing application, administration and enforcement of housing standards in Title 15-Buildings and Construction of the Salisbury Municipal Code demonstrates a need for the City to repair structures and assess the related cost to the owner for the betterment of the health, safety and welfare of the citizens of Salisbury; and
WHEREAS, the Mayor and Council have determined that a new article shall be added to the Salisbury Municipal Code, which will permit, after proper notice, the City to make repairs to structures and assess the cost to the owner.
NOW, THEREFORE, be it enacted and ordained by the City Council of the City of Salisbury, that Chapter 15.24 - HOUSING STANDARDS be amended as follows:
ARTICLE XXVIII
CITY TO REPAIR STRUCTURES - ASSESSMENT OF COST
Section 15.24.1500. Scope.
The provisions of this Article govern the repair of structures in the City of Salisbury and shall apply to any structures within the City of Salisbury.
Section 15.24.1510. Authorization.
The City of Salisbury, its officers, employees, agents or contractors, are hereby authorized to enter upon any real property within the City of Salisbury to repair a structure and to do any and all other matters upon such property as are reasonably necessary and proper to enforce this Article.
Section 15.24.1520. Owner Responsibility.
The correction of any condition by the City of Salisbury under authority of this Article shall not relieve the owner of the property on which such condition existed or arose from criminal prosecution or punishment, whether misdemeanor or municipal infraction, for having caused or allowed such unlawful condition to arise or for having failed or refused to correct the same.
Section 15.24.1530. Duty to Repair.
The owners of structures on real property in the City of Salisbury shall have the duty to repair said property in accordance with this Chapter.
Section 15.24.1540. Notice to Repair.
The City of Salisbury’s Director of the Department of Building, Housing & Zoning is hereby authorized to notify the owner of the property as determined by the official tax rolls of the City of Salisbury to repair structures on the subject property.
Section 15.24.1550. Repair by the City.
After an owner receives a municipal infraction for repairs and a court hearing thereon, the Director of Building, Housing & Zoning may issue a notice under this Article for incomplete repairs. Upon failure, neglect or refusal of any owner so notified to repair within ten (10) days after service of notice, as provided for in this Article, the City of Salisbury’s Director of the Department of Building, Housing & Zoning is authorized and empowered to cause such condition to be corrected by repairing the structure and the Director of Building, Housing & Zoning is hereby authorized and empowered to pay for the repair.
Section 15.24.1560. Charges for Repair.
When the City of Salisbury has paid for the repair of a structure, the actual cost thereof and any related expenses along with an administrative fee of $100.00 shall be charged to the owner of such property, and if not paid by the owner, such charge will be carried on the records of the City of Salisbury and shall be collectible in the same manner as real estates are collected.
Section 15.24.1570. Service of Notice.
Any notice, required by this Article to be served, shall be deemed to have been served by any of the following methods:
A. Hand delivered to the person to be notified; or
B. Delivered to the residence or place of business of the person to be notified by leaving with the person or a person of suitable age and discretion then residing or employed therein; or
C. Deposit of the notice in the United States Post Office, postage prepaid, addressed to the owner at his last known address, as recorded in the Real Estate Assessment Records of the City of Salisbury, and by posting a copy of the notice or order in a conspicuous place on the property;
Section 15.24.1580. Record a Statement to Constitute a Lien.
When the full amount due the City is not paid by such owner within thirty (30) days after completion of the repair, then the Director of the Department of Building, Housing & Zoning shall cause to be recorded in the Finance Department for the City a sworn statement showing the cost and expense incurred for the work, the administrative fees, the date the work was completed, and the location of the repaired structure.
Section 15.24.1590. Appeals.
Within seven (7) days after service of notice as provided in this Chapter, the owner or his agent may file an appeal with the Housing Board of Adjustments and Appeals stating in detail the reasons as to why the action proposed by the Director of the Department of Building, Housing & Zoning should not be taken. Upon receipt of such appeal, the Housing Board of Adjustments and Appeals shall proceed under Article X, Section 15.24.360, et seq.
AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that this Ordinance shall take effect from and after the date of its final passage.
THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the 12th day of January, 2004, and having been published as required by law, in the meantime, was finally passed by the Council on the _____ day of _______________, 2004.
_________________________ _________________________
Brenda J. Colegrove, City Clerk Michael P. Dunn,
President of the Council of
the City of Salisbury
Approved by me, this ________
day of ______________, 2004.
__________________________
Barrie P. Tilghman,
Mayor of the City of Salisbury