§ 2-7. Specific powers.
(a) In general.
(1) The Department of Housing and Community Development shall have and exercise, except as otherwise provided herein, all the powers set forth in Article II, § (15) of the Charter of Baltimore City (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 {subtitle}, except such powers as are required by the City Charter or the laws of the State of Maryland to be exercised exclusively by any other officer, department, bureau, or agency of the City.
(2) In addition to other powers herein granted, such powers shall include but shall not be limited to the following.
(b) Property acquisition for development, etc.
(1) {The power to:}
(i) 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;
(ii) negotiate and contract for the acquisition of such land and property or any right, interest, franchise, easement, or privilege therein; and
(iii) 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;
(2) 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.
(c) Property acquisition for removing blight, etc.
(1) {The power to:}
(i) 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:
(A) eliminating unhealthful, unsanitary, or unsafe conditions;
(B) 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
(C) providing land for needed public facilities or public improvement;
(ii) negotiate and contract for the acquisition of such land and property or any right, interest, franchise, easement, or privilege therein; and
(iii) 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.
(2) 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.
(d) Development or redevelopment.
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.
(e) Demolishing, relocating, etc., buildings, etc.
In accordance with applicable Renewal Plans or Conservation Plans, to:
(1) 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
(2) 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.
(f) Disposing of property.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(g) Imposing conditions on disposition.
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:
(1) the purchaser, transferee, or lessee shall begin and complete its operations within a predetermined, reasonable period of time;
(2) 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
(3) 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.
(h) Acquisition of deteriorated or abandoned property.
(1) 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:
(i) 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;
(ii) that such dwelling unit or other structure is likely to continue to deteriorate unless corrected;
(iii) 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
(iv) that the owner of such dwelling unit or other structure has failed to correct the deterioration thereof.
(2)
(i) In this paragraph, “abandoned property” has the meaning given in § 21-17 of the Public Local Laws of Baltimore City.
(ii) Subject to the approval of the Board of Estimates, the Department, acting on behalf of the Mayor and City Council of Baltimore, may:
(A) negotiate for and acquire, by purchase, lease, gift, condemnation, or any other legal means, any abandoned property in the City for development or redevelopment;
(B) 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;
(C) sell, transfer, or otherwise dispose of any abandoned property acquired, regardless of whether the property has been altered or improved; and
(D) use, operate, manage, or maintain any abandoned property acquired pending development, redevelopment, or other disposition.
(i) Reservations of public use.
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.
(j) Right of entry.
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.
(k) Temporary leasing or operation.
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.
(l) Management, etc.; fees, etc.
To manage, operate, maintain, and repair land and property and collect fees, rentals, or charges thereon.
(m) Governmental grants or aids.
(1) {The power to:}
(i) 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 {subtitle}; and
(ii) 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.
(2) Provided, however, that all such contracts and legal instruments shall require the approval of the Board of Estimates prior to execution.
(n) Professional services — contracting for.
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.
(o) Professional services — employment of.
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.
(p) Spending money.
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.
(q) Hearings, oaths, subpoenas, etc.
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.
(r) Contracts.
Except as otherwise specifically provided in this ordinance, and subject to the provisions, where applicable, of the Charter of Baltimore City (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.
(s) Counseling and advisory services.
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.
(t) Promoting sound development, etc.
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.
(u) Enforcing zoning laws.
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.
(v) Regulating construction. {The power to:}
(1) 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
(2) 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.
(w) Rules and regulations — general.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, 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.
(x) Joint and several powers.
To exercise all or any part or combination of powers herein granted.
(y) Rules and regulations — condemnations.
(1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to adopt such rules and regulations as it may deem necessary and proper to carry out the provisions of Article 33A of the Annotated Code of Maryland (1971 Supplement) {Title 12 of the State Real Property Article}, as the same may be amended from time to time.
(2) Provided, however, that such rules and regulations as herein provided shall not be effective until first approved by the Board of Estimates.
(z) Encouraging industrial, commercial development.
To encourage industrial and commercial development within Baltimore City.
(aa) Advising on economic development policies.
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.
(bb) Promoting commercial, industrial relocation.
To disseminate knowledge of the desirability of commercial and industrial firms being located in Baltimore City.
(cc) Sounding board for problems.
To serve as a sounding board for problems which industries are having with governmental programs, regulations, practices, etc.
(dd) Identifying opportunities for economic activity.
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.
(ee) Coordinating agency efforts.
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.
(ff) Analyzing City’s economic potential.
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.
(gg) Informing on conditions and trends.
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.
(hh) Long-range plans for economic development.
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.
(ii) Other services.
To provide such other services as may be essential to encouraging the overall economic growth of Baltimore City.
(jj) Industrial growth.
(1) In general.
(i) Except as otherwise specified by law, the Department of Housing and Community Development may exercise all of the powers set forth in Article II, § (15A) of the City Charter.
(ii) The powers conferred on the Department by this subsection do not in any way limit any of the powers conferred on the Department under Article II, § (15) of the City Charter, including those involving the establishment of Urban Renewal Plans or Conservation Plans for economic development.
(iii) In exercising the powers conferred by this subsection, the Department need not establish an urban renewal area or plan as provided for in §§ 2-4, 2-5, and 2-6 of this article.
(2) Powers enumerated.
The powers conferred by this subsection include but are not limited to the following:
(i) 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;
(ii) 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
(iii) in connection with any purpose or object of Article II, § (15A) of the City Charter, 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.
(3) Limitations on condemnation authority.
(i) Except as authorized by Article II, § (15) of the City Charter, no property may be acquired under this subsection by condemnation if the property is:
1. occupied lawfully, in whole or in part, for residential use; or
2. located in a Residential, Office-Residential, or Commercial Zoning District.
(ii) No property may be acquired under this subsection by condemnation unless specifically authorized by Ordinance of the Mayor and City Council.
(4) Leases.
(i) Any lease entered into under or in connection with any purpose or object of Article II, § (15A) of the City Charter is hereby declared to be exclusively for business purposes.
(ii) 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.
(5) Board of Estimates’ approval.
(i) Before the City may acquire any land or property under Article II, § (15A) of the City Charter, 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).
(ii) Before the City may dispose of any land or property acquired under Article II, § (15A) of the City Charter, 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).
(iii) 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.
(kk) Implementation by contractor.
(1) 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.
(2) Any such contractual arrangements shall provide for:
(i) 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;
(ii) 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;
(iii) submittal of the semi-annual report of operations to the Mayor and to the City Council; and
(iv) annual financial report and audit.
(ll) Annual report to Council; limitations on powers.
(1) 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.
(2) 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.
(3) 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.
(mm) Blighting or deteriorating property.
(1) 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:
(i) that such parcel of vacant land constitutes a serious and growing menace to the public health, safety and welfare;
(ii) that such parcel of vacant land contributes to the blighting or deterioration of the area immediately surrounding it; and
(iii) that the owner of such parcel of vacant land has failed to maintain the said parcel or to correct the blighting influence thereof.
(2) 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.
(Texts Conformed 02/19/21; Ord. 16-581; Ord. 07-504; Ord. 03-517; Ord. 99-508; Ord. 1977-325; Ord. 1975-1022; Ord. 1972-017; Ord. 68-152.)
