Burkittsville City Zoning Code

SECTION 9

28 An Ordinance Regulating The "Demolition" Of Permanent Structures Ordinance No 03--2001

Demolition Subject to Partial Regulation. The Mayor and Council of the Town of Burkittsville hereby legislate these rules regulating the demolition of structures, including homes and outbuildings greater than 150 square feet. The purpose of this Ordinance is to conform Town law to the Comprehensive Plan of 1997 and thereby promote the preservation of the Town 's housing stock. See, e.g. Town of Burkittsville, Maryland, 1996-2016 (1997) at 5. As such, this Ordinance protects both the availability of housing in the Town and the health and safety of Town citizens when structures require demolition. Nothing in this Ordinance shall preempt County jurisdiction over this matter. The requirements herein are in addition to the Demolition permit process supervised by the Frederick County Office of Permits and Inspections.
Owners of Property in the Town shall consult with Landmarks of Frederick County, a 501(c)(3) not-for-profit organization, or a successor non-profit of similar mission, to ascertain whether the structure can be rehabilitated or preserved in a cost-effective manner. In the event the building cannot be treated as such, the property owner shall discuss appropriate means of recycling historically-important components of the property. No solution offered by Landmarks of Frederick County shall be binding on the property owner.
Following the completion of subsection (b) of this section, property owners shall present their Demolition request, accompanied by the findings of the not-for-profit organization, to the Mayor & Council The Mayor and Council shall review evidence of compliance with subsection (b) of this section, supra, and shall make a finding that this Ordinance has been complied with. The Mayor and Council shall also hear the property owner's plans for expeditious removal of the debris and shall ensure that provisions are in place to remove the demolished structure within thirty (30) days of destruction. The demolition site shall be ringed in yellow cautionary tape throughout demolition. No heavy construction or industry vehicles shall be parked on Main Street or block any Town Alley during the demolition process. Individual notice shall be supplied to each home or property owner within 500 yards of the demolition.
If the demolition request is approved by the Mayor & Council, the property owners shall apply for a Zoning Certificate. The Zoning Certificate must be issued prior to applying for a County Demolition Permit.
Tilly Frank Proviso. In the event that any valid law, rule, or regulation of any governing authority having jurisdiction — including but not limited to the State of Maryland and the County of Frederick – contravenes the provisions of this Section, the provisions herein shall be superseded by any such valid law, rule or regulation only to the extent that the provisions herein are in conflict or contrary to any such law, rule or regulation.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following "Definitions" are hereby amended: None.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.

Burkittsville City Zoning Code

SECTION 9

28 An Ordinance Regulating The "Demolition" Of Permanent Structures Ordinance No 03--2001

Demolition Subject to Partial Regulation. The Mayor and Council of the Town of Burkittsville hereby legislate these rules regulating the demolition of structures, including homes and outbuildings greater than 150 square feet. The purpose of this Ordinance is to conform Town law to the Comprehensive Plan of 1997 and thereby promote the preservation of the Town 's housing stock. See, e.g. Town of Burkittsville, Maryland, 1996-2016 (1997) at 5. As such, this Ordinance protects both the availability of housing in the Town and the health and safety of Town citizens when structures require demolition. Nothing in this Ordinance shall preempt County jurisdiction over this matter. The requirements herein are in addition to the Demolition permit process supervised by the Frederick County Office of Permits and Inspections.
Owners of Property in the Town shall consult with Landmarks of Frederick County, a 501(c)(3) not-for-profit organization, or a successor non-profit of similar mission, to ascertain whether the structure can be rehabilitated or preserved in a cost-effective manner. In the event the building cannot be treated as such, the property owner shall discuss appropriate means of recycling historically-important components of the property. No solution offered by Landmarks of Frederick County shall be binding on the property owner.
Following the completion of subsection (b) of this section, property owners shall present their Demolition request, accompanied by the findings of the not-for-profit organization, to the Mayor & Council The Mayor and Council shall review evidence of compliance with subsection (b) of this section, supra, and shall make a finding that this Ordinance has been complied with. The Mayor and Council shall also hear the property owner's plans for expeditious removal of the debris and shall ensure that provisions are in place to remove the demolished structure within thirty (30) days of destruction. The demolition site shall be ringed in yellow cautionary tape throughout demolition. No heavy construction or industry vehicles shall be parked on Main Street or block any Town Alley during the demolition process. Individual notice shall be supplied to each home or property owner within 500 yards of the demolition.
If the demolition request is approved by the Mayor & Council, the property owners shall apply for a Zoning Certificate. The Zoning Certificate must be issued prior to applying for a County Demolition Permit.
Tilly Frank Proviso. In the event that any valid law, rule, or regulation of any governing authority having jurisdiction — including but not limited to the State of Maryland and the County of Frederick – contravenes the provisions of this Section, the provisions herein shall be superseded by any such valid law, rule or regulation only to the extent that the provisions herein are in conflict or contrary to any such law, rule or regulation.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following "Definitions" are hereby amended: None.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.

Burkittsville City Zoning Code

SECTION 9

28 An Ordinance Regulating The "Demolition" Of Permanent Structures Ordinance No 03--2001

Demolition Subject to Partial Regulation. The Mayor and Council of the Town of Burkittsville hereby legislate these rules regulating the demolition of structures, including homes and outbuildings greater than 150 square feet. The purpose of this Ordinance is to conform Town law to the Comprehensive Plan of 1997 and thereby promote the preservation of the Town 's housing stock. See, e.g. Town of Burkittsville, Maryland, 1996-2016 (1997) at 5. As such, this Ordinance protects both the availability of housing in the Town and the health and safety of Town citizens when structures require demolition. Nothing in this Ordinance shall preempt County jurisdiction over this matter. The requirements herein are in addition to the Demolition permit process supervised by the Frederick County Office of Permits and Inspections.
Owners of Property in the Town shall consult with Landmarks of Frederick County, a 501(c)(3) not-for-profit organization, or a successor non-profit of similar mission, to ascertain whether the structure can be rehabilitated or preserved in a cost-effective manner. In the event the building cannot be treated as such, the property owner shall discuss appropriate means of recycling historically-important components of the property. No solution offered by Landmarks of Frederick County shall be binding on the property owner.
Following the completion of subsection (b) of this section, property owners shall present their Demolition request, accompanied by the findings of the not-for-profit organization, to the Mayor & Council The Mayor and Council shall review evidence of compliance with subsection (b) of this section, supra, and shall make a finding that this Ordinance has been complied with. The Mayor and Council shall also hear the property owner's plans for expeditious removal of the debris and shall ensure that provisions are in place to remove the demolished structure within thirty (30) days of destruction. The demolition site shall be ringed in yellow cautionary tape throughout demolition. No heavy construction or industry vehicles shall be parked on Main Street or block any Town Alley during the demolition process. Individual notice shall be supplied to each home or property owner within 500 yards of the demolition.
If the demolition request is approved by the Mayor & Council, the property owners shall apply for a Zoning Certificate. The Zoning Certificate must be issued prior to applying for a County Demolition Permit.
Tilly Frank Proviso. In the event that any valid law, rule, or regulation of any governing authority having jurisdiction — including but not limited to the State of Maryland and the County of Frederick – contravenes the provisions of this Section, the provisions herein shall be superseded by any such valid law, rule or regulation only to the extent that the provisions herein are in conflict or contrary to any such law, rule or regulation.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following "Definitions" are hereby amended: None.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.