Division 10. Housing Receivership

Abatement means the removal or correction, including demolition, of any condition at a property that violates the provisions of this Code, as well as the making of such other improvements or corrections as are needed to effect the rehabilitation of the property or structure. Abatement does not include closing or sealing or other physical securing of the structure.

Director refers to the Director of the Department of Permitting, Inspections, and Enforcement.

Interested party means any person or entity that possesses any legal or equitable interest of record in the property, including, but not limited to, the holder of any lien or encumbrance of record on the property.

Property means real property and all improvements thereon including edifices, structures, buildings, units, or part thereof used or intended to be used for residential purposes, including attached and detached single-family units, multifamily structures, and mixed-use structures which have one or more residential units.

When the Director finds residential property in violation of any code enforced by the Department, and believes that violation is a threat to the public's health, safety, or welfare, the Director may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement.

In administering the provisions of this Division, the Director's authority shall include, but is not limited to:

In identifying properties requiring abatement where the County may seek appointment of a receiver, the Director shall consider those properties that have, at a minimum, the following characteristics:

At least 30 days prior to the filing of an application for appointment of a receiver, the Director shall cause a notice to be sent by regular mail to all interested parties.

The notice shall give the date upon which the County has the right to file with the court for the receiver, and in addition shall:

If no interested party has taken any action to foreclose its security interest within 30 days of the date of the notice, the Director may thereafter apply to a court of competent jurisdiction for the appointment of a receiver.

If, following the application for appointment of a receiver, one or more of the interested parties elects to correct the conditions at the property giving rise to the County's application for appointment of a receiver, the interested party shall be required to post security in an amount and character as the court deems appropriate to effect the timely completion of the abatement by the interested party.

The Director shall identify and nominate one or more qualified receivers for appointment by the court. Receivers may include the Redevelopment Authority of Prince George's County, the Prince George's County Housing Authority, the Community Standards Division of the Department, an urban renewal agency, or a private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the County. The Director shall evaluate, at minimum, the following criteria:

A receiver appointed by the court shall have the authority to do any or all of the following, as specifically limited by the court:

All monies expended and all costs and obligations incurred by the receiver in performing the abatement shall be reviewed by the court for reasonableness and their necessity in performing the abatement. To the extent that the court finds the monies, costs, or obligations to be reasonable and necessary, the court shall issue an order certifying this fact as well as the amount found to be reasonable and necessary.

If the costs and obligations incurred due to the abatement have not been paid by an interested party, the order of the court shall be filed with the County Director of Finance within 30 days of its entry by the court and shall thereafter constitute a lien on the property.

The receivership authorized pursuant to the terms of this Division shall terminate only by an order of the court after a showing by an interested party or the receiver that: