Illegal Unit In Apartment Building

[Mike Kennedy]

Building Codes
Baltimore County Building Code

• County Council Bill No. 40-15 (PDF) (adopted July 1, 2015)

20 PART 118 PROSECUTION OF VIOLATION. THE BUILDING OFFICIAL SHALL INSTITUTE OR
21 CAUSE TO BE INSTITUTED ANY APPROPRIATE ACTION FOR ANY VIOLATION OF THIS CODE
22 IN ACCORDANCE WITH ARTICLE 3, TITLE 6 OF THE BALTIMORE COUNTY CODE, 2003, AS
23 AMENDED, OR A PROCEEDING AT LAW OR IN EQUITY WHICH MAY BE NECESSARY AND
24 PROPER, TO RESTRAIN, CORRECT OR ABATE SUCH VIOLATION OR TO REQUIRE THE
25 REMOVAL OR TERMINATION OF THE UNLAWFUL USE OF THE BUILDING OR STRUCTURE
26 IN VIOLATION OF THE PROVISIONS OF THIS CODE OR OF THE ORDER OR DIRECTION MADE
27 PURSUANT THERETO.
Building codes used by Baltimore County are (adopted July 2015):

• International Building Code, 2015 Edition
• International Residential Code, 2015 Edition

"Building Permits are required for the following:

Additions and structural modifications to existing dwellings

• Change of use of structure

http://www.baltimorecountymd.gov/Agencies/permits/buildinspec/index.html

 

[Mike Kennedy]

Building Codes
Baltimore County Building Code

• County Council Bill No. 40-15 (PDF) (adopted July 1, 2015)

20 PART 118 PROSECUTION OF VIOLATION. THE BUILDING OFFICIAL SHALL INSTITUTE OR
21 CAUSE TO BE INSTITUTED ANY APPROPRIATE ACTION FOR ANY VIOLATION OF THIS CODE
22 IN ACCORDANCE WITH ARTICLE 3, TITLE 6 OF THE BALTIMORE COUNTY CODE, 2003, AS
23 AMENDED, OR A PROCEEDING AT LAW OR IN EQUITY WHICH MAY BE NECESSARY AND
24 PROPER, TO RESTRAIN, CORRECT OR ABATE SUCH VIOLATION OR TO REQUIRE THE
25 REMOVAL OR TERMINATION OF THE UNLAWFUL USE OF THE BUILDING OR STRUCTURE
26 IN VIOLATION OF THE PROVISIONS OF THIS CODE OR OF THE ORDER OR DIRECTION MADE
27 PURSUANT THERETO.
Building codes used by Baltimore County are (adopted July 2015):

• International Building Code, 2015 Edition
• International Residential Code, 2015 Edition

"Building Permits are required for the following:

Additions and structural modifications to existing dwellings

• Change of use of structure

http://www.baltimorecountymd.gov/Agencies/permits/buildinspec/index.html
_________________________________________________________________________
City of Baltimore, MD
http://www.baltimorehousing.org/permits

BUILDING, FIRE, AND RELATED CODES OF BALTIMORE CITY 2015
ATTENTION
CHANGES TO THE BUILDING CODE WILL GO INTO EFFECT ON DECEMBER 1, 2015
THE UPDATED CODE IS AVAILABLE AT
http://archive.baltimorecity.gov/Government/CityCharterCodes.aspx


http://www.baltimorehousing.org/cels
102.15 Compliance with Code required. No structure, premises, land, or equipment may be
constructed, altered, added to, repaired, rehabilitated, demolished, moved, located, used, occupied,
or maintained in violation of this Code.
102.15.1 Construction of structure. When constructed, every structure must be located so
that it does not create a violation of this Code.
12/01/15 -7

 

[timd354]

Building Codes
Baltimore County Building Code

• County Council Bill No. 40-15 (PDF) (adopted July 1, 2015)

20 PART 118 PROSECUTION OF VIOLATION. THE BUILDING OFFICIAL SHALL INSTITUTE OR
21 CAUSE TO BE INSTITUTED ANY APPROPRIATE ACTION FOR ANY VIOLATION OF THIS CODE
22 IN ACCORDANCE WITH ARTICLE 3, TITLE 6 OF THE BALTIMORE COUNTY CODE, 2003, AS
23 AMENDED, OR A PROCEEDING AT LAW OR IN EQUITY WHICH MAY BE NECESSARY AND
24 PROPER, TO RESTRAIN, CORRECT OR ABATE SUCH VIOLATION OR TO REQUIRE THE
25 REMOVAL OR TERMINATION OF THE UNLAWFUL USE OF THE BUILDING OR STRUCTURE
26 IN VIOLATION OF THE PROVISIONS OF THIS CODE OR OF THE ORDER OR DIRECTION MADE
27 PURSUANT THERETO.
Building codes used by Baltimore County are (adopted July 2015):

• International Building Code, 2015 Edition
• International Residential Code, 2015 Edition

"Building Permits are required for the following:

Additions and structural modifications to existing dwellings

• Change of use of structure

http://www.baltimorecountymd.gov/Agencies/permits/buildinspec/index.html
_________________________________________________________________________
City of Baltimore, MD
http://www.baltimorehousing.org/permits

BUILDING, FIRE, AND RELATED CODES
OF
BALTIMORE CITY
2015
ATTENTION
CHANGES TO THE BUILDING CODE WILL GO INTO EFFECT ON
DECEMBER 1, 2015
THE UPDATED CODE IS AVAILABLE AT
http://archive.baltimorecity.gov/Government/CityCharterCodes.aspx

Wow, you have the ability to look up building codes online...just because a unit is illegal does not mean that the market does not place value on such a unit.

 

[Mike Kennedy]

Wow, you have the ability to look up building codes online...just because a unit is illegal does not mean that the market does not place value on such a unit.

Kindly post a corresponding Recognized Definition of Highest and Best Illegal Use? Thanks.

 

[Mike Kennedy]

REGISTRATION AND LICENSING OF UNIT REQUIRED
Baltimore City Code, Article 13, Sections 4 and 5 (link is external)

The owner of any non-owner-occupied dwelling unit or any rooming house must file an annual registration statement for that unit or rooming house with the Department of Housing and Community Development (Section 4-5(a)(1)). Forms are available online at http://www.baltimorehousing.org/property_registration (link is external). The operators of any multiple-family dwelling or rooming house must also be licensed by Department of Housing and Community Development (Section 5-4). Multiple-family dwellings and rooming houses are subject to inspection before license renewal (Section 5-8(c)).

RENT INCREASE PROHIBITED IF DWELLING HAS HOUSING CODE VIOLATIONS
Baltimore City Code, Article 13, Section 8 (link is external)

- See more at: http://www.peoples-law.org/special-laws-rules-baltimore-city#sthash.a4h8PLVi.dpuf

http://www.peoples-law.org/special-laws-rules-baltimore-city
All non-owner occupied residential dwelling units and rooming units must be registered with the Commissioner of Baltimore Housing.

http://www.baltimorehousing.org/landlord_center

 

[timd354]

Kindly post a corresponding Recognized Definition of Highest and Best Illegal Use? Thanks.

I am done feeding the troll, thanks and have a nice day.

Don't you have anything better to due then sit around looking for the same issue to come up on AF over and over again so you can get some sort of sick satisfaction from looking up building and zoning codes in various places where you have never appraised and probably never will?

 

[Mike Kennedy]

I am done feeding the troll, thanks and have a nice day.

Don't you have anything better to due then sit around looking for the same issue to come up on AF over and over again so you can get some sort of sick satisfaction from looking up building and zoning codes in various places where you have never appraised and probably never will?

As long as participants insist on advising Posters to "don't ask, don't tell" without providing written documentation in support of their advocacy for limited due diligence which CAN land them in front of their State Boards and/or before a Judge to defend against an wholly unnecessary lawsuit - you bet I'll continue to disagree and continue to post ACTUAL requirements as available from various Municipalities.

Feel free to post verifiable, industry-recognized documentation in support of your opinion. Failing that, personal attacks are clearly unprofessional.

 

[Mark K]

It's not the cost of the permit, it's the process of getting the building up to code that can be very expensive or even require removal of building if zoning flat out does not allow it.

You continue to assume that the world runs it business in the same fashion as Florida; a lot of it doesn't. Some places just don't get as excited about these issues as you and Mike.

I've appraised approximately 6,000 - 7,000 properties in this county in the past 25 years. Probably 10-15% of them have some sort of permit or zoning issue. To date, the number of enforcement actions of which I've become aware (and I pay pretty close attention) concerning these particular properties: ZERO. ZERO in 25 years. The last action I can remember at all was involving a builder that didn't get a permit and was building a house... in a flood plain, and that was about 15 years ago.

 

[PL1957]

As long as participants insist on advising Posters to "don't ask, don't tell" without providing written documentation in support of their advocacy for limited due diligence which CAN land them in front of their State Boards and/or before a Judge to defend against an wholly unnecessary lawsuit - you bet I'll continue to disagree and continue to post ACTUAL requirements as available from various Municipalities.

Feel free to post verifiable, industry-recognized documentation in support of your opinion. Failing that, personal attacks are clearly unprofessional.

IIRC, one of the "standard" limiting conditions in most reports states that the appraiser will not be responsible for matters of a legal nature. Compliance with zoning or building codes require a legal judgment. I will point out areas where there may be a disconnect between codes and the property, but I'm not about to call anything illegal. I will reflect how the local market responds to the condition as it relates to value, because that is what I am an expert in - valuation. I will leave legal interpretation to the lawyers.

 

[Mike Kennedy]

"one of the "standard" limiting conditions in most reports states that the appraiser will not be responsible for matters of a legal nature."

LC #1 "except for information he or she became aware of during the research involved in performing this appraisal."