Gaithersburg, MD Property Maintenance: Property Blight (2026)
Key Facts
- Governing section
- City Code § 5-5(23), IRC § 115
- Who decides 'unsafe'
- City building official
- Vacant unsecured structure
- Automatically deemed unsafe
- Notice method
- Personal service, mail, or posting
- Appeal deadline
- 30 days to Board of Appeals
- Emergency action
- Vacate order, closure, or demolition
Summary
Gaithersburg's local amendment to the state-adopted International Residential Code, City Code § 5-5(23), lets the building official declare a structure unsafe if it is insanitary, a fire hazard, illegally occupied, or inadequately maintained. An unsecured vacant structure is automatically deemed unsafe, and the official can order repairs or demolition.
Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
2 requires a written report describing the occupancy and the specific defect. 3 requires written notice to the owner or an authorized agent describing the unsafe condition and specifying the required repairs or a demolition deadline; the owner must immediately declare acceptance or rejection of the notice's terms. 4 allows service by personal delivery, certified mail, or, if mail is returned undelivered, by posting a copy in a conspicuous place on the structure. 5 requires the owner to abate the condition by repair, rehabilitation, demolition, or other corrective action, and any repairs made during restoration must meet current International Residential Code standards.
4 authorizes demolition of a structure in imminent danger. 6 lets the city recover the cost of emergency repairs from the owner. Appeals of a building official's order run to the City Board of Appeals within 30 days under the city-amended Section R112, with further appeal to the Circuit Court.
Violations & Fines
Continuing work on a structure after a stop-work order or unsafe-condition notice, other than repairs to remove the violation, is punishable by a fine or civil penalty the mayor and city council set under Section R113.5. General code violations are municipal infractions under Section R113.4, enforceable under City Code Sections 1-9 through 1-11, with each day of continued violation a separate offense; the city may also seek an injunction or demolition order in court.
Frequently Asked Questions
What makes a building 'unsafe' under Gaithersburg's code?
Can Gaithersburg order a building demolished?
What if the owner can't be found to serve an unsafe-building notice?
How does an owner appeal an unsafe-building order in Gaithersburg?
Sources & Official References
Other rules in Gaithersburg
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