It is hereby found and determined:that there exist within the City of Baltimore slum, blighted, deteriorated, or deteriorating areas, which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and general welfare of the residents of the City of Baltimore;
that the existence of such areas and the growth and spread thereof and the deterioration or threatened deterioration of other areas:contribute substantially and increasingly to the spread of disease and crime, and to losses by fire and accident;
necessitate excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire, and accident protection, and for other public services and facilities;
constitute an economic and social liability;
substantially impair or arrest the sound growth of the community;
retard the provision of decent, safe, and sanitary housing accommodations;
aggravate traffic problems and substantially impair or arrest the elimination of traffic hazards and the improvement of traffic facilities;
depreciate assessable values;
cause an abnormal exodus of families from the city; and
are detrimental to the health, the well-being and the dignity of many of the residents of the City of Baltimore;
that such areas cannot be dealt with effectively by the ordinary operations of private enterprise without the aids herein provided;
that the rehabilitation or elimination, in whole or in part, of slum, blighted, deteriorated, and deteriorating areas and the prevention of the spread or development of blight in, and the deterioration of, areas which are free of blight are public uses and purposes requiring the exercise of the governmental powers of the City of Baltimore in the public interest.
It is further found and declared that some slum or blighted or deteriorated areas, or portions thereof, may require comprehensive acquisition, clearance, and disposition with or without prior development or redevelopment, since the prevailing conditions of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that some such areas or portions thereof and some deterioration areas or portions thereof may be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied, or prevented without comprehensive acquisition and clearance; that other areas not yet deteriorated or deteriorating, or portions thereof, may be conserved so that the conditions and evils hereinbefore enumerated may be prevented from spreading thereto or arising therein; and that all such areas within the boundaries of the City of Baltimore may be benefitted through the enforcement of applicable regulatory codes relating to buildings, housing, sanitation or safety, the rendering of services to community organizations or through a combination of other means provided in this ordinance.
It is further found and declared that the elimination, correction, and prevention of the conditions and evils hereinbefore enumerated must be undertaken through the use of a comprehensive and integrated program; that this program should involve whatever range of municipal powers and resources is required to enable the City of Baltimore to act affirmatively in fulfilling its responsibilities to its citizens; that this program requires a suitable administrative structure to undertake adequately a coordinated and purposeful attack on urban slums and blight and the prevention of new areas of slums and blight; and that a comprehensive program should be undertaken within the boundaries of the City of Baltimore.
It is further found and declared that the powers conferred by this ordinance <em>{subtitle}</em> are for public uses and purposes for which public money may be expended and the power of eminent domain exercised and that the necessity in the public interest for the provisions herein enacted is hereby declared and determined.
As used herein, a slum, blighted, or deteriorated area is an area in which:a preponderance of the structures or the dwelling units therein is detrimental to the public health, safety, or general welfare by reason of age, dilapidation, depreciation, overcrowding, excessive land coverage, faulty arrangement, lack of ventilation or sanitary facilities, failure to conform with the provisions of the ordinances or regulatory codes of the City of Baltimore relating to buildings, housing, or sanitation, neighborhood obsolescence or deterioration, or inadequate open space, parking, or access to transportation; or
there is a preponderance of defective or inadequate street layouts, or of faulty lot layouts in relation to size, adequacy, accessibility or usefulness, or of unsanitary or unsafe conditions, or of deteriorated or inadequate site improvements or community facilities, or of conditions which endanger life or property by fire or other cause or which retard development of the area, or any combination of these factors; or
the land is suitable for development but has not been developed to an appreciable extent because of obsolete platting, diversity of ownership, deterioration of structures or site improvements, a high rate of tax delinquency or mortgage foreclosures, or spoiling of the land as a result of excavation or usage, or any combination of these factors.
As used herein, a deteriorating area is an area, whether within or apart from a slum, blighted, or deteriorated area, which contains obsolete or substandard structures, or inadequate community facilities or incompatible land uses, or any combination of these factors which substantially impair or arrest the sound growth of the area, retard the provision of necessary housing accommodations, or constitute an economic or social liability or constitute a detriment to the public health, safety, morals, or general welfare, in its present condition and use.
In this subtitle, “zoning change”:means any “legislative authorization”, as defined in Baltimore City Zoning Code, § 5-501 {“Legislative Authorizations”}; but
does not include any use or bulk regulation restriction that is imposed by a Renewal Plan or Conservation Plan.
City Code, 1976/83, art.13, §20
Ord. 68-152
Ord. 01-165
Ord. 16-581
Ord. 17-068
Ord. 22-124
There shall be a Department of Housing and Community Development, the head of which shall be the Commissioner of Housing and Community Development, who shall be appointed by the Mayor in the manner prescribed in <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Charter of Baltimore City</cite> (1964 Revision) and shall hold office as therein provided.
The Commissioner may appoint or employ such assistants and employees as may be necessary for the proper performance of the duties and functions of the Department of Housing and Community Development and may delegate to them such powers and duties as he may deem proper.
The compensation of the said Commissioner of Housing and Community Development and of the said assistants and employees shall be subject to the approval of the Board of Estimates and shall be paid as provided in the annual Ordinance of Estimates.
City Code, 1976/83, art.13, §21
Ord. 68-152
The Department of Housing and Community Development is authorized to:recommend areas of operation to the Planning Commission;
prepare Renewal Plans and to plan and to undertake Renewal Projects in Renewal Areas;
prepare Conservation Plans and to plan and to undertake Conservation Projects in Conservation Areas;
furnish technical and other services to community organizations concerned with housing or community development;
prepare plans and to provide reasonable assistance for the relocation of persons, families, and businesses displaced by reason of the acquisition of property for public purposes;
encourage and facilitate private investment in the City of Baltimore;
engage in studies, experimentation, and research pertaining to housing, community development, and the existence of and the problems of correcting, eliminating, and preventing slums, blight, and urban deterioration; disseminate public information with respect thereto, and cooperate with other agencies of the City, the State, the Federal Government, or any agency thereof, in activities undertaken in connection therewith;
encourage and facilitate the cooperation, interest, and participation of citizens and citizens’ groups in the development and execution of Renewal Plans and Conservation Plans, in the urban renewal and conservation programs generally, and in other programs or undertakings of the Department concerning housing or community development;
administer and enforce the <cite data-doc="City of Balt., Md., Ord. 25-062" data-path="|building-codes">City’s Building, Fire, and Related Codes Article</cite> and all other regulatory codes of Baltimore City that relate to buildings, housing, or sanitation, except where that administration and enforcement is required by <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> or by State law to be exercised exclusively by some other officer, department, bureau, or agency of the City;
assist the several City departments involved in activities related to housing and community development for the purpose of coordinating such activities and establishing consistent policies and procedures with respect thereto; and
exercise the powers and perform the duties and responsibilities conferred and imposed upon the Economic Development Commission, as transferred to the Department by operation of Ordinance No. 1022, approved November 24, 1975, thereby vesting in the Department certain powers and duties to be exercised in connection with aiding the industrial growth of the City.
The Department of Housing and Community Development shall exercise the duty and authority, as originally transferred to the Department by operation of Ordinance No. 152, approved June 28, 1968, and as now or hereafter conferred by law or ordinance, to:issue permits for and exercise supervision and inspection over:building construction and installations;
the use of land and buildings; and
the alterations, relocation, repair, reconstruction, and change of occupancy of buildings and the number of families housed in buildings in the City; and
inspect, repair, condemn, and remove private property in Baltimore City at the expense of the owner thereof.
The Commissioner of the Department of Housing and Community Development is authorized and directed to exercise and perform all of those authorities, powers, responsibilities, rights and duties imposed or conferred, which were, prior to the effective date of Ordinance No. 1091, approved August 2, 1967, imposed or conferred by ordinance or otherwise upon the Building Inspection Engineer.
The Commissioner or the Commissioner’s designee shall have charge and be responsible for:conducting research studies, preparing statistical data, and keeping informed on inspection activities in other jurisdictions;
conducting research studies relating generally to the work of the Department as it relates to building inspection;
public information with respect to enforcement and enforcement activities;
inspecting all new and existing buildings, structures, and appurtenant areas and equipment for conformance with applicable laws or regulations;
inspecting, repairing, condemning, and removing private property at the expense of the owner thereof pursuant to applicable laws and regulations;
such other duties and powers which hereafter may be imposed and conferred upon the Commissioner.
As used in this subtitle, a Renewal Project:may include undertakings and activities for the elimination, the correction, or the prevention of the development or the spread of slum, blighted, deteriorated, or deteriorating areas; and
may involve but shall not be limited to a program or programs of slum clearance, development, redevelopment, renovation, or rehabilitation, voluntary or compulsory rehabilitation or conservation by owners of property, or any combination or part thereof.
As used in this subtitle, a Conservation Project:may include undertakings and activities for the elimination, the correction or the prevention of the development or the spread of slum, blighted, deteriorated, or deteriorating areas; and
may involve but shall not be limited to a program or programs of renovation or rehabilitation, voluntary or compulsory rehabilitation or conservation by owners of property or any combination or part thereof; but
shall not include property acquisition by use of the power of eminent domain except where the Conservation Plan permits the acquisition of property for failure to meet minimum standards or authorizes the acquisition of vacant property or property on which structures have been razed for reasons of health or safety.
City Code, 1976/83, art.13, §22
Ord. 68-152
Ord. 02-475
Ord. 13-093
Ord. 22-124
Renewal areas shall be areas within the boundary lines of the City of Baltimore which may be benefitted through the exercise of the functions and powers vested in the Department of Housing and Community Development by this ordinance <em>{subtitle}</em>, on a comprehensive basis, including the acquisition or disposition of property or the undertaking of activities to effect substantial environmental change.
The Department of Housing and Community Development, after consultation with the Director of the Department of Planning, shall determine such areas and shall make recommendations to the City Council for the introduction of ordinances designating them as “Renewal Areas”.
The Planning Commission shall make recommendations to the City Council for passage of said ordinances.
Conservation areas shall be areas within the boundary lines of the City of Baltimore which may be benefitted through the exercise of the functions and powers vested in the Department of Housing and Community Development by this ordinance <em>{subtitle}</em>, on a comprehensive basis, exclusive of property acquisition by use of the power of eminent domain except where the Conservation Plan permits the acquisition by use of the power of eminent domain of property for failure to comply with applicable regulatory codes or for failure to meet minimum standards or authorizes the acquisition by use of the power of eminent domain of vacant property or property on which structures have been razed for reasons of health and safety.
The Department of Housing and Community Development shall determine such areas and upon approval of the Director of the Department of Planning and the Board of Estimates shall designate them as “Conservation Areas”; provided, however, that when the powers of property acquisition by use of the power of eminent domain or disposition are required in a Conservation Area, the Department of Housing and Community Development shall make a recommendation to the City Council for the introduction of, and the Planning Commission shall make recommendations to the City Council for the passage of, an ordinance authorizing the exercise of such powers.
Nothing herein contained shall preclude the Department of Housing and Community Development from exercising General Powers (4) through (11) of § 2-3(a) of this ordinance <em>{subtitle}</em> in any area within the boundary lines of the City of Baltimore so long as the exercise of such powers shall be in conformity with the Master Plan or Official Detailed Plan, if any, applicable to the area of the City involved.
City Code, 1976/83, art.13, §23
Ord. 68-152
Ord. 77-325
No Renewal Project or Conservation Project shall be undertaken by the Department of Housing and Community Development except in accordance with the Renewal or Conservation Plan applicable to the area in which the project is to be undertaken.
As used herein a Renewal Plan means a plan, as it exists from time to time, for the elimination, correction, or the prevention of the development or the spread of slums, blight, or deterioration in an entire Renewal Area or a portion thereof. When a plan is applicable to less than an entire Renewal Area, it shall include a description of the boundaries of the area to which it applies.
The plan shall include a land use map showing the proposed use of all land within the area to which the plan is applicable, including the location, character, and extent of the proposed public and private ownership.
The plan shall be sufficiently complete to define such land or property acquisition, acquisition of interests therein, demolition and removal of structures, disposition of land or property or interests therein, improvements, and programs of renovation or rehabilitation and conservation, and activities to effect substantial environmental change, as may be proposed to be undertaken or carried out in the area to which the plan is applicable; and the plan shall include a statement of the methods and standards under which the same is to be accomplished and the necessary controls to be applied in order to effect rehabilitation and conservation by owners of existing properties.
The plan shall set out zoning changes, if any.
The plan also shall indicate the nature of the restrictions, conditions, or covenants, if any, which are to be incorporated in deeds or contracts for the sale, lease, use or redevelopment of land or property within the area to which the plan is applicable.
In addition, the plan shall state the reasons for the various provisions which it contains.
As used herein a Conservation Plan means a plan, as it exists from time to time, for the elimination, correction or the prevention of the development or the spread of slums, blight, or deterioration in an entire Conservation Area or a portion thereof. When a plan is applicable to less than an entire Conservation Area, it shall include a description of the boundaries of the area to which it applies.
The plan shall set forth such programs of renovation or rehabilitation and conservation as may be proposed to be undertaken or carried out in the area to which the plan is applicable, and shall include a statement of the methods and standards under which the plan is to be accomplished and the necessary controls to be applied in order to effect rehabilitation and conservation by owners of existing properties.
If the plan permits or authorizes the acquisition of property by the power of eminent domain it shall so state and shall set forth the conditions under which such power may be exercised.
The plan shall set out zoning changes, if any.
In addition, the plan shall state the reasons for the various provisions which it contains.
Every Renewal Plan and Conservation Plan shall conform to the Master Plan or the Official Detailed Plan, if any, applicable to the area of the City involved.
City Code, 1976/83, art.13, §24
Ord. 68-152
The Department of Housing and Community Development shall prepare:a Renewal Plan or Plans for each area of the City designated as a Renewal Area; and
a Conservation Plan or Plans for each area of the City designated as a Conservation Area.
The order in which said Plans are to be prepared shall be determined by said Department.
A Renewal Plan becomes effective on approval by the Director of Planning, as required by subsection (c) of this section, and the enactment of an appropriate ordinance. The Planning Commission shall recommend the appropriate ordinance to the City Council.
A Conservation Plan becomes effective on approval by the Director of Planning, as required by subsection (c) of this section. However, if any part of the plan requires a zoning change or authorizes the use of eminent domain for acquisition of any property, that part of the plan is not effective until approved by the Planning Commission and by the enactment of an appropriate ordinance.
The Department of Housing and Community Development shall submit all proposed Renewal Plans and Conservation Plans to the Director of the Department of Planning for review.
No Renewal Plan or Conservation Plan may be adopted by the Department of Housing and Community Development until the Director of Planning has approved it with respect to:its conformity to the Master Plan or Official Detailed Plan, if any, as applicable to the area involved;
the detailed location of any public improvements proposed in the plan;
its conformity to the rules and regulations for subdivisions; and
all zoning changes proposed in the plan.
If the Director of the Department of Planning fails to approve a proposed Renewal Plan or Conservation Plan in any of the foregoing respects, he shall promptly report the same to the Department of Housing and Community Development together with the recommendations for modifying the Plan.
The Department of Housing and Community Development may recommend to the City Council the passage of an ordinance approving a Renewal Plan or, if required by subsection (b) of this section, a Conservation Plan that the Department has adopted.
This ordinance may not be passed until after a public hearing at which parties in interest and citizens have had an opportunity to be heard.
Notice of the hearing must be given by:posting notice in the neighborhood of the area involved at least 10 days before the hearing; and
publication once a week for 2 consecutive weeks in a newspaper of general circulation in Baltimore City.
The notice must:contain the time, date, place, and purpose of the hearing;
generally identify the area covered by the plan;
outline the general scope of the project under consideration; and
state that the documents constituting the plan are available for inspection at a place designated in the notice.
The public hearing may be adjourned from time to time without further notice.
Amendments proposed to a plan as a result of a public hearing:do not require further notice or additional hearings; but
must be referred to the Department of Housing and Community Development and to the Director of Planning for their study and report to the City Council.
Any zoning change proposed by a Renewal Plan or a conservation Plan must be approved by an ordinance enacted in accordance with the State Land Use Article and the Baltimore City Zoning Code.
The approval by ordinance of a Renewal Plan or a Conservation Plan when required by subsection (b) of this section shall constitute authorization to the Department of Housing and Community Development to:acquire, by condemnation if necessary, all land and improvements thereon or interests therein designated for acquisition in said Renewal Plan or Conservation Plan; and
subject to the approval of the Board of Estimates as hereinafter provided, to dispose of all land and improvements thereon or interests therein designated for disposition in said Renewal Plan or Conservation Plan.
The standards and controls embodied in a Renewal Plan or Conservation Plan approved by ordinance shall thereupon become enforceable in the same manner as the other ordinances of the City.
The Department of Housing and Community Development shall administer Renewal Plans and Conservation Plans adopted and approved as heretofore provided.
No change may be made to any Renewal Plan or Conservation Plan unless that change is approved by an ordinance of the Mayor and City Council.
Except as provided in paragraph (3) of this subsection, an ordinance seeking to amend a Renewal Plan or Conservation Plan must be adopted and approved in the same manner as that required by this section for the adoption and approval of a new Renewal Plan or Conservation Plan.
If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section.
When a Councilmember initiates a plan or an amendment, the provisions of this subsection (h) shall be followed.
Any member of the Baltimore City Council may submit to the City Council a bill proposing:a Renewal Plan or Conservation Plan for any area of the City; or
an amendment to an existing Renewal Plan or Conservation Plan.
At the request of a member of the City Council, the Department of Housing and Community Development and the Department of Planning shall provide assistance in the preparation of any such bill, including technical amendments which may be necessary to bring the bill into conformity with existing ordinances.
After introduction, the bill shall be sent to the Department of Housing and Community Development and to the Planning Commission for recommendation and report.
The Department of Housing and Community Development shall review the proposed plan or amendment for conformity to § 2-5(b) and (c). In case of a proposed amendment to an already approved Urban Renewal Plan or Conservation Plan, it shall also review and evaluate the impact of said amendment to the Plan.
The Planning Commission shall review the proposed plan or amendment with respect to:conformity to the Master Plan or Official Detailed Plan, if any, as applicable to the area involved;
the detailed location of any public improvements proposed in the plan or amendment;
its conformity to the rules and regulations for subdivisions; and
all zoning changes proposed in the plan or amendment.
The agencies shall report their findings, together with a recommendation for modifications, if applicable, to the City Council.
City Code, 1976/83, art.13, §25
Ord. 68-152
Ord. 99-547
Ord. 01-137
Ord. 01-165
Ord. 17-068
The Department of Housing and Community Development shall have and exercise, except as otherwise provided herein, all the powers set forth in <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15)">Article II, § (15) of the Charter of Baltimore City</cite> (1964 revision) and all of the powers of the Mayor and City Council of Baltimore necessary or convenient, from time to time, to carry out and effectuate any and all of the functions and purposes mentioned in this ordinance <em>{subtitle}</em>, except such powers as are required by <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> or the laws of the State of Maryland to be exercised exclusively by any other officer, department, bureau, or agency of the City.
In addition to other powers herein granted, such powers shall include but shall not be limited to the following.
acquire, for and on behalf of the Mayor and City Council of Baltimore, within areas of operation, and in accordance with applicable Renewal Plans and Conservation Plans, land and property of every kind, and any right, interest, franchise, easement or privilege therein, including land or property and any right or interest therein already devoted to public use, by purchase, lease, gift, condemnation, or any other legal means for development or redevelopment, including but not limited to the renovation or rehabilitation thereof;
negotiate and contract for the acquisition of such land and property or any right, interest, franchise, easement, or privilege therein; and
institute or cause to be instituted from time to time, in the name of, and for, the Mayor and City Council of Baltimore such condemnation proceedings as may be necessary to acquire such land and property or any right, interest, franchise, easement, or privilege therein;
Provided, however, that any land or property owned by the State of Maryland or the Housing Authority of Baltimore City shall not be acquired without the prior consent of the State or the Housing Authority of Baltimore City, as the case may be.
acquire, for and on behalf of the Mayor and City Council of Baltimore, within areas of operation, and in accordance with applicable Renewal Plans and Conservation Plans, land and property of every kind, and any right, interest, franchise, easement, or privilege therein, including land or property and any right or interest therein already devoted to public use, by purchase, lease, gift, condemnation, or any other legal means, for the purpose of:eliminating unhealthful, unsanitary, or unsafe conditions;
lessening density, eliminating obsolete or other uses detrimental to the public welfare, or otherwise for removing or preventing the spread of blight or deterioration; or
providing land for needed public facilities or public improvement;
negotiate and contract for the acquisition of such land and property or any right, interest, franchise, easement, or privilege therein; and
institute or cause to be instituted from time to time, in the name of, and for, the Mayor and City Council of Baltimore such condemnation proceedings as may be necessary to acquire such land and property or any right, interest, franchise, easement, or privilege therein.
Provided, however, that any land or property owned by the State of Maryland or the Housing Authority of Baltimore City shall not be acquired without the prior consent of the State or the Housing Authority of Baltimore City, as the case may be.
In accordance with applicable Renewal Plans or Conservation Plans, to develop or redevelop, including but not limited to renovation or rehabilitation, any and all land or property acquired by any of the methods hereinbefore mentioned.
In accordance with applicable Renewal Plans or Conservation Plans, to:demolish, remove, relocate, improve, renovate, or alter land, buildings, streets, highways, alleys, utilities, or services and other structures or improvements within areas of operation; and
within areas of operation, construct, reconstruct, install, or repair streets, highways, alleys, utilities, or services in connection with the development, redevelopment, renovation, rehabilitation, or conservation of land or property.
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 in them, 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, the State of Maryland, or any department or agency of them, or to any private, public, or quasi-public corporation, partnership, association, person, or other legal entity, for conservation, development, or redevelopment, including but not limited to renovation or rehabilitation.
Provided, however, that 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.
Such contracts shall provide for the sale, lease, conveyance, transfer, or other disposition of land or property or any interest therein at such prices and on such terms as may be appropriate to the uses prescribed for such land or property by the applicable Renewal Plan or Conservation Plan and the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser, transferee, or lessee.
Any lessee or tenant who is a party to any such lease or rental agreement, or any successor in interest or title, shall not have any right to redeem the rent, fee, or charge reserved or to be paid by any such lessee or tenant, or by any successor in interest or title, under the terms of any such lease or rental agreement, except to the extent and in the manner set forth in any such particular lease or rental agreement, if any such right is specifically and definitely granted therein.
In accordance with applicable Renewal Plans or Conservation Plans, to require the insertion of appropriate provisions in any legal instrument pertaining to the sale, lease, conveyance, transfer, or other disposition of any land or property or any interest therein, providing that:the purchaser, transferee, or lessee shall begin and complete its operations within a predetermined, reasonable period of time;
the standards of population density, property maintenance, type of land use, and other standards established for the particular parcel of land or property shall be maintained; and
any or all covenants, conditions, and restrictions contained in such legal instrument shall be binding on any subsequent purchaser, transferee, lessee, or any successor in interest or title.
Subject to the prior approval of the Board of Estimates, the Department may acquire, for and on behalf of the Mayor and City Council of Baltimore, any single-family or multiple-family dwelling unit or other structure within the boundary lines of Baltimore City, by purchase, lease, condemnation, gift or other legal means, for development and redevelopment, including but not limited to the renovation, rehabilitation and disposition thereof, when the Commissioner has determined:that such dwelling unit or other structure has deteriorated to such extent as to constitute a serious and growing menace to the public health, safety and welfare;
that such dwelling unit or other structure is likely to continue to deteriorate unless corrected;
that the continued deterioration of such dwelling unit or other structure may contribute to the blighting or deterioration of the area immediately surrounding the said dwelling unit or other structure; and
that the owner of such dwelling unit or other structure has failed to correct the deterioration thereof.
In this paragraph, “abandoned property” has the meaning given in § 21-17 of the Public Local Laws of Baltimore City.
Subject to the approval of the Board of Estimates, the Department, acting on behalf of the Mayor and City Council of Baltimore, may:negotiate for and acquire, by purchase, lease, gift, condemnation, or any other legal means, any abandoned property in the City for development or redevelopment;
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;
sell, transfer, or otherwise dispose of any abandoned property acquired, regardless of whether the property has been altered or improved; and
use, operate, manage, or maintain any abandoned property acquired pending development, redevelopment, or other disposition.
To preserve for the United States of America, the State of Maryland, or the Mayor and City Council of Baltimore, or any department or agency thereof, any land or property, or any rights or interests therein, for public use, irrespective of the manner or means in or by which it may have been acquired.
To enter upon and inspect any land, building, or property for the purposes of making surveys, examinations, or appraisals, or obtaining any needful information or data for the preparation of Renewal Plans and Conservation Plans.
Pending the disposition of land or property acquired, to temporarily lease or operate and maintain such land or property for such uses and purposes as may be deemed desirable even though not in conformity with the applicable Renewal Plan or Conservation Plan.
To manage, operate, maintain, and repair land and property and collect fees, rentals, or charges thereon.
petition for, negotiate with, and accept from the United States of America, or the State of Maryland or any department or agency thereof, or any other source, loans, advances, contributions, grants, or aids of any character which may from time to time become available for the preparation of Renewal Plans or Conservation Plans, the undertaking of Renewal Projects or Conservation Projects, or the performance of any other function or power contemplated by this ordinance<em> {subtitle}</em>; and
agree to the conditions to be included in any contract or other legal instrument to be entered into in connection with any such loan, advance, contribution, grant, or aid.
Provided, however, that all such contracts and legal instruments shall require the approval of the Board of Estimates prior to execution.
Subject to the prior approval of the Board of Estimates, to contract, from time to time, with any private, public, or quasi-public corporation, partnership, association, person, or other legal entity for the furnishing of consulting, planning, designing, engineering, or other technical or specialized services in connection with the duties, powers, and functions of the Department of Housing and Community Development.
Subject to the prior approval of the Board of Estimates, to employ or hire, from time to time, by contract, consulting, planning, or designing engineers or other persons possessing technical or specialized skills in connection with the duties, powers, and functions of the Department of Housing and Community Development.
To expend such funds as may be available to it for such purposes for the performance of its functions and the exercise of its powers under this ordinance.
To conduct public or private hearings on any matter material to the duties, powers, or functions of the Department of Housing and Community Development, administer oaths, conduct examinations and take testimony, and require the attendance of witnesses and the production of books and papers.
Except as otherwise specifically provided in this ordinance, and subject to the provisions, where applicable, of <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite> (1964 Revision), as amended from time to time, to make and enter into, on behalf of the Mayor and City Council of Baltimore, without the approval of the Board of Estimates, contracts, leases, agreements, and other legal instruments of every kind, character, and description relative to the performance of the duties, powers, and functions of the Department of Housing and Community Development.
To provide counseling and advisory services to property owners, tenants, and investors with respect to improving, managing, and financing property and investment opportunities and with respect to other areas of information related to the duties, powers, and functions of the Department of Housing and Community Development.
To promote the sound development and redevelopment, including but not limited to renovation and rehabilitation, of areas within the City of Baltimore which may be benefitted through the exercise of the functions and powers vested in the Department of Housing and Community Development and to conduct studies and negotiate with owners, builders, investors, and others toward this end.
To enforce the zoning laws and ordinances of the City of Baltimore, including but not limited to the regulation and restriction of the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population, and the location, and use of buildings, structures and land for trade, industry, residence, or other purposes.
issue permits for, and exercise such supervision and inspection over, building construction and installations, the use of land and buildings, the alteration, relocation, repair, reconstruction, and change of occupancy of buildings and the number of families housed in buildings in the City; and
have such powers and duties to inspect, repair, condemn, and remove private property in Baltimore City at the expense of the owner thereof as are now or may hereafter be conferred upon it by law or ordinance.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, to adopt such rules and regulations as it may deem necessary and proper for the transaction of the business of the Department and for the enforcement of the ordinances and regulatory codes which it administers.
To exercise all or any part or combination of powers herein granted.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, to adopt such rules and regulations as it may deem necessary and proper to carry out the provisions of <cite data-doc="Md. Code" data-path="33A">Article 33A of the Annotated Code of Maryland (1971 Supplement)</cite> <em>{<cite data-doc="Md. Code" data-path="grp">Title 12 of the State Real Property Article</cite>}</em>, as the same may be amended from time to time.
Provided, however, that such rules and regulations as herein provided shall not be effective until first approved by the Board of Estimates.
To encourage industrial and commercial development within Baltimore City.
To advise the Mayor and the City Council of Baltimore concerning policies affecting economic development and to recommend changes in such policies in order to improve the climate for industry and commerce in the City, thus to promote economic growth and stabilization.
To disseminate knowledge of the desirability of commercial and industrial firms being located in Baltimore City.
To serve as a sounding board for problems which industries are having with governmental programs, regulations, practices, etc.
To identify opportunities and means for bringing about new or sustained private economic activities in the City, thereby helping to maintain and expand employment and to stimulate retention and strengthening of the City’s tax base.
To coordinate the efforts of the various agencies and groups, public and private, involved in whole or in part with economic development in Baltimore City. Such coordination is to be directed toward the accomplishment of maximum results with a minimum of duplication in effort.
To study and analyze, in cooperation with the Department of Planning and others, the City’s economic potential and to maintain on a continuing basis such statistics and analyses as may be necessary.
To maintain and disseminate information on relevant conditions and trends affecting the health of economic activities in the City and make recommendations on measures dealing with these conditions and trends.
To formulate and execute with the Department of Planning and others a comprehensive long-range plan for economic development policies in order to encourage economic growth and stabilization.
To provide such other services as may be essential to encouraging the overall economic growth of Baltimore City.
Except as otherwise specified by law, the Department of Housing and Community Development may exercise all of the powers set forth in <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15A)">Article II, § (15A) of the City Charter</cite>.
The powers conferred on the Department by this subsection do not in any way limit any of the powers conferred on the Department under <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15)">Article II, § (15) of the City Charter</cite>, including those involving the establishment of Urban Renewal Plans or Conservation Plans for economic development.
In exercising the powers conferred by this subsection, the Department need not establish an urban renewal area or plan as provided for in §§ <cite data-path="|13|§2-4">2-4</cite>, <cite data-path="|13|§2-5">2-5</cite>, and <cite data-path="|13|§2-6">2-6</cite> of <cite data-path="|13">this article</cite>.
The powers conferred by this subsection include but are not limited to the following:subject to paragraph (3) of this subsection, to acquire, within the boundary lines of Baltimore City, land and property of every kind, by purchase, gift, condemnation, or any other legal means for or in connection with the industrial growth of Baltimore City;
to sell, lease, convey, transfer, or otherwise dispose of this land or property, irrespective of the means by which it was acquired, to the United States of America, the State of Maryland, any department or agency of either, or any private, public, or quasi-public corporation, partnership, association, person, or other legal entity, to be used for or in connection with the industrial growth of Baltimore City; and
in connection with any purpose or object of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15A)">Article II, § (15A) of the City Charter</cite>, to petition to and accept from the United States of America, the State of Maryland, any department or agency of either, or any other source, any loan, grant, or aid of any type and, on the sole approval of the Board of Estimates, make and execute any contract or other legal instrument with any of these parties.
Except as authorized by <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15)">Article II, § (15) of the City Charter</cite>, no property may be acquired under this subsection by condemnation if the property is:occupied lawfully, in whole or in part, for residential use; or
located in a Residential, Office-Residential, or Commercial Zoning District.
No property may be acquired under this subsection by condemnation unless specifically authorized by Ordinance of the Mayor and City Council.
Any lease entered into under or in connection with any purpose or object of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15A)">Article II, § (15A) of the City Charter</cite> is hereby declared to be exclusively for business purposes.
A tenant under that lease has no right to redeem the rent, fee, or charge reserved or to be paid by the tenant, except as specifically and definitely granted in the lease.
Before the City may acquire any land or property under <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15A)">Article II, § (15A) of the City Charter</cite>, 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).
Before the City may dispose of any land or property acquired under <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(15A)">Article II, § (15A) of the City Charter</cite>, 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).
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.
It may be appropriate to contract with another person or persons for the continuing implementation of some or all of the functions and duties authorized by this section.
Any such contractual arrangements shall provide for:submittal to the Mayor and to the City Council of the annual budget for such persons in such detail as shall be from time to time required by the Department of Finance in the same fashion as is generally applicable to municipal agencies, including the procedure applicable to supplemental budgets;
the right of the Board of Estimates and of the City Council to approve or disapprove the proposed expenditure detail in the same fashion as applies to municipal budgets;
submittal of the semi-annual report of operations to the Mayor and to the City Council; and
annual financial report and audit.
The Department of Housing and Community Development shall report to the City Council at least annually as to its operations pursuant to this section, and its report shall include an inventory of land and other assets acquired, held, or disposed of.
No contract shall be entered into in the implementation of the powers granted by this section which binds the City Council to any further appropriation without the prior approval of the City Council.
All capital assets acquired pursuant to the provisions of this section shall be held in the name of the Mayor and the City Council of Baltimore.
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 City by purchase, lease, condemnation, gift, or other legal means, for consideration with adjoining property or properties for land banking, or for development, including disposition thereof, when the Commissioner has determined:that such parcel of vacant land constitutes a serious and growing menace to the public health, safety and welfare;
that such parcel of vacant land contributes to the blighting or deterioration of the area immediately surrounding it; and
that the owner of such parcel of vacant land has failed to maintain the said parcel or to correct the blighting influence thereof.
Prior approval of the City Council shall be obtained by sending a list of properties proposed to be acquired hereunder 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 no written objection to the acquisition thereof by a member of the Council is received by the President within 15 days of publication, he shall so certify to the Commissioner; where timely objection to the acquisition of a property is made, the acquisition of said property shall be deemed not approved by the City Council and then the Commissioner shall seek authority for such acquisition by ordinance of the Mayor and City Council.
City Code, 1976/83, art. 13, §26
Ord. 68-152
Ord. 1972-017
Ord. 1975-1022
Ord. 1977-325
Ord. 99-508
Ord. 03-517
Ord. 07-504
Ord. 16-581
Texts Conformed 02/19/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsections (w) and (y)(1)) of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
In addition to other duties herein specified, the Department of Housing and Community Development shall be responsible for the following.
It shall render to the Mayor an annual written report of its activities and operations during the preceding year.
It shall establish and maintain a central records system in connection with its housing and <cite data-path="|building-codes|II">building code</cite> enforcement operations.
City Code, 1976/83, art. 13, §27
Ord. 68-152
The several officers, departments, bureaus, and agencies of the City of Baltimore shall cooperate with the Department of Housing and Community Development in the exercise of its powers and functions, and upon request, shall furnish such available information, records and statistics as may be needed by the Department of Housing and Community Development in the exercise of its powers and functions.
City Code, 1976/83, art. 13, §28
Ord. 68-152
Title to all land and property and any interests therein acquired by the Department of Housing and Community Development shall be taken in the name of the Mayor and City Council of Baltimore, but the Department of Housing and Community Development shall act as custodian of all such land and property and interests therein.
City Code, 1976/83, art. 13, §29
Ord. 68-152
The proceeds realized from the sale or lease of any land or property or interest therein by the Department of Housing and Community Development shall be preserved by the Department of Finance in a special account or accounts, and the funds in such special account or accounts shall be used only for the purposes recited in this ordinance<em> {subtitle} </em>after appropriation in an annual Ordinance of Estimates.
Provided, however, that proceeds realized from the sale or lease of any land or property or interest therein by the Department of Housing and Community Development in a project or projects for which a Federal temporary loan has been granted shall be treated in accordance with provisions of the Federal contract under which such loan has been made.
City Code, 1976/83, art. 13, §30
Ord. 68-152
The Baltimore Urban Renewal and Housing Agency, established under Ordinance No. 692 of the Mayor and City Council of Baltimore, approved December 31, 1956, is hereby dissolved.
The Department of Housing and Community Development is hereby authorized and directed, in the place and stead of the Baltimore Urban Renewal and Housing Agency, to:exercise and perform all the powers, duties, functions and discretions that heretofore have been vested in the Baltimore Urban Renewal and Housing Agency under the terms and provisions of any and all laws or ordinances or any and all contracts, agreements, or other legal instruments which heretofore may have been entered into by the Mayor and City Council of Baltimore; and
exercise and perform all of the powers, duties, and functions which the Baltimore Urban Renewal and Housing Agency heretofore exercised or performed or was authorized to exercise or perform in connection with the issuance of certificates of indebtedness of the Mayor and City Council of Baltimore and the expenditure of the proceeds derived from the sale of said certificates of indebtedness authorized to be issued under the terms and provisions of Chapter 42 of the Laws of Maryland of 1947, and ordinances of the Mayor and City Council of Baltimore — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved June 29, 1966; and No. 1072, approved June 29, 1967 — or any other law.
All future proceedings and actions relating to pending matters concerning those areas of the City of Baltimore heretofore approved by ordinance of the Mayor and City Council of Baltimore as “Renewal Areas” shall be governed by the applicable provisions of this ordinance <em>{subtitle}</em>.
Nothing contained in this ordinance <em>{subtitle}</em> shall be taken or construed directly or indirectly to repeal, amend, alter, modify, or affect in any manner or to any extent, except in the manner and to the extent specifically and definitely set forth in this ordinance <em>{subtitle}</em>:any of the certificates of indebtedness that heretofore have been issued by the Mayor and City Council of Baltimore under the provisions of Chapter 42 of the Laws of Maryland of 1947, and ordinances of the Mayor and City Council of Baltimore — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved June 29, 1966; and No. 1072, approved June 29, 1967— or any other law;
the power and authority of the Mayor and City Council of Baltimore to issue and sell the balance of the unissued certificates of indebtedness of the Mayor and City Council of Baltimore heretofore authorized and approved to be issued by the Mayor and City Council of Baltimore under the provisions of the aforesaid Chapter of the Laws of Maryland and ordinances of the Mayor and City Council of Baltimore or any other law;
any act or thing or any contract, deed, lease, agreement, or other legal instrument heretofore done, made, or entered into by the Mayor and City Council of Baltimore, the Commissioners of Finance or the Board of Estimates of said municipality, or the Baltimore Urban Renewal and Housing Commission, or any of them, or any combination of 2 or more of them under the provisions of any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to Ordinances — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved July 29, 1966; and No. 1072, approved June 29, 1967, or any other law, or in connection with any of the matters or things mentioned in or contemplated by any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to the aforesaid ordinances, or any other law; or
any of the powers, duties, or functions of the Mayor and City Council of Baltimore, the Commissioners of Finance, or the Board of Estimates of said municipality, or any of them, or any combination of 2 or more of them, under the provisions of any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to Ordinances — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved June 29, 1966; and No. 1072, approved June 29, 1967, or any other law, or in connection with any of the matters or things mentioned in or contemplated by any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to the aforementioned ordinances.
City Code, 1976/83, art. 13, §31
Ord. 68-152
All of the powers, duties, and responsibilities conferred or imposed on the Department of Public Works pursuant to §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§33">33</cite> and <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§34">34</cite> of <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">Article VII of the Charter of Baltimore City</cite> (1964 Revision) <em>{<cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§32">Article VII, § 32 of the City Charter</cite> (1996 Edition)}</em>, includingthe authority to issue permits for, and exercise such supervision and inspection over, building construction and installations, the use of land and buildings, the alterations, relocation, repair, reconstruction, and change of occupancy of buildings and the number of families housed in buildings in the City and the power and duty to inspect, repair, condemn, and remove private property in Baltimore City at the expense of the owner thereof as are now or may hereafter be conferred by law or ordinance, and
the right to exercise the powers and perform the duties conferred and imposed upon the Zoning Commissioner by Ordinance No. 1247, approved March 30, 1931, as amended from time to time, and as are now or may hereafter be conferred upon him by law or ordinance,
are hereby transferred and assigned to the Department of Housing and Community Development.
The Department of Housing and Community Development is hereby authorized and directed in the place and stead of the Department of Public Works to exercise and perform all of those powers, duties, functions and discretions that were vested in the Department of Public Works, which were, prior to the effective date of Ordinance No. 1091 of the Mayor and City Council of Baltimore, approved August 2, 1967, vested in the Bureau of Building Inspection under the terms and provisions of any and all contracts, agreements or other legal instruments, which heretofore may have been entered into by the Mayor and City Council of Baltimore in the exercise and performance of the powers, duties and functions authorized by §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§33">33</cite> and <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§34">34</cite> of <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">Article VII of the Charter of Baltimore City</cite> (1964 Revision) <em>{<cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§32">Article VII, § 32 of the City Charter</cite> (1996 Edition)}</em>.
The Commissioner of the Department of Housing and Community Development is hereby authorized and directed to exercise and perform all of those authorities, powers, responsibilities, rights and/or duties imposed or conferred upon the Director of Public Works pursuant to §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§33">33</cite> and <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§34">34</cite> of <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">Article VII of the Charter of Baltimore City</cite> (1964 Revision) <em>{<cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§32">Article VII, § 32 of the City Charter</cite> (1996 Edition)}</em> which were, prior to the effective date of Ordinance No. 1091 of the Mayor and City Council of Baltimore, approved August 2, 1967, imposed or conferred by ordinance or otherwise upon the Building Inspection Engineer and the Zoning Commissioner.
Nothing in this § 2-13 shall be taken or construed to require the transfer of the Community Services Division to the Department of Housing and Community Development, and said Community Services Division shall remain in the Department of Public Works.
City Code, 1976/83, art. 13, §32
Ord. 68-152
No officer or employee of any agency of the Mayor and City Council of Baltimore which is vested with any power or authority to be exercised under the provisions of this ordinance <em>{subtitle}</em> shall acquire any financial interest, direct or indirect, in any land or property which may be acquired under any of the provisions of this ordinance <em>{subtitle}</em>.
If any such officer or employee owns or controls a financial interest in such land or property or involuntarily acquires the same, he immediately shall disclose such interest in writing to the Department of Housing and Community Development, and such disclosure shall be entered upon the records of the Department.
No such officer or employee shall have any interest, direct or indirect, in any legal entity, other than the United States of America, the State of Maryland, or the Mayor and City Council of Baltimore, or any agency thereof, or a non-profit corporation as defined by the Internal Revenue Code from time to time, which shall contract to develop, redevelop, renovate, or rehabilitate any land or property acquired pursuant to this ordinance <em>{subtitle}</em>.
If any provision of this section conflicts with any provision of City Code <cite data-path="|8">Article 8 {”Ethics”}</cite>, the more stringent provision prevails.
City Code, 1976/83, art. 13, §33
Ord. 68-152
Ord. 82-807
Ord. 04-795