§ 21.56.090. Maintenance, repair, and demolition by neglect.

For the purposes of this section, "Director" means "the Director of Planning and Zoning, or his designee."

A.

Nothing in this section shall be construed so as to prevent maintenance that does not alter the exterior fabric or features of a designated landmark, site, or structure, or landscape elements, and which will have no material effect on the historic, cultural, archaeological, or architectural significance of a designated landmark, site, structure, or district.

B.

If the Director becomes aware through any source that a designated landmark, site, or structure, or a site or structure within a designated historic district may meet the definition of demolition by neglect, the Director shall investigate the history of the site or structure and develop a record. The record shall include but not be limited to historical documentation of the site or structure and current photographs of the site and the interior, if reasonably necessary to complete the investigation, and exterior of the structure. The Director may consult with and retain consultants and experts in the field of historic preservation to construct the record and for other purposes related to the investigation.

C.

In connection with the commencement of the investigation, the Director shall give written notice to the owner or the owner's authorized agent that the site or structure is under investigation for possible demolition by neglect and the legal authority for the investigation, and shall also advise that entry onto the property and, if reasonably necessary to complete the investigation, into the structure shall be required and the date or dates of entry and the identity of the persons who will do so. If such dates are not known at the time of the notice, the Director shall send a separate written notice indicating such dates. The Director shall seek to obtain consent for entry from the owner or owner's authorized agent. In the event consent is not obtained, the Director may serve a municipal infraction citation on the owner or the owner's authorized agent, or seek an administrative warrant, or seek other relief as authorized by Section 1.20.070 of the City Code. Pursuant to such notices, the Director and retained consultants and experts, and any other person who the Director deems necessary for investigatory purposes, shall be permitted onto the site and, if reasonably necessary to complete the investigation, into the structure for such purposes from time to time. Neither the owner nor the owner's authorized agent nor any other person shall require a waiver of liability or impose any other unreasonable condition upon those persons who require access onto the site and into the structure to perform and complete the investigation.

D.

After completion of the investigation, the Director shall prepare a written report of the results of the investigation. The report shall, at a minimum, identify all materials used in the investigation, all consultants and experts who participated in the investigation, and contain the following:

1.

A description of the existing condition of the exterior of the site or structure;

2.

A description of the level of deterioration of the exterior of the site or structure exhibited by the existing condition;

3.

Whether the level of deterioration meets the definition of demolition by neglect and, if so, how; and

4.

A list of all maintenance, repairs or replacement required to abate the demolition by neglect.

E.

The Director shall provide a copy of the report to the owner or the owner's authorized agent. Whether or not the Director makes findings that there is demolition by neglect, the Director shall schedule a public hearing before the Historic Preservation Commission not earlier than forty-five days after the submission of the report to the owner or the owner's authorized agent. The Director shall give notice of the hearing in accordance with Section 21.10.020 of this title. Such notice shall be made at least fifteen days before the date of the public hearing.

F.

If the Commission determines as a result of a public hearing that the owner's property meets the definition of demolition by neglect, the Commission shall pass an order of abatement. The Commission's order shall set forth findings of fact which support the determination, the terms for abatement, and a deadline to complete the abatement. The Director of Planning and Zoning, in consultation with the Chief of Historic Preservation, shall thereafter enforce the Commission's order in accordance with his/her powers as authorized by this Zoning Code.

G.

Any person aggrieved by a decision of the Historic Preservation Commission may seek judicial relief in the Circuit Court for Anne Arundel County by filing a petition for judicial review within thirty days of the decision and in accordance with the Maryland Rules of Procedure.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-34-18, § I, 1-14-2019)