Burkittsville City Zoning Code

SECTION 9

04 Demolition By Neglect 2009--01

Authority. The Mayor and Council of the Town of Burkittsville, Maryland and the Burkittsville Planning and Zoning Commissioners, derive authority for this ordinance by virtue of its conformance with provisions of the State of Maryland Enabling Act for Historic Area Zoning (Article 66B, Section 8.01-8.17, Annotated Code of Maryland, as amended) and Frederick County Maryland Code of Ordinances Section 1-23: Historic Preservation.
Purpose.
1. The preservation of landmarks, sites, structures, and districts of historical, archeological, or architectural significance together with their appurtenances and environmental settings is a public purpose in both the Agricultural and Historical Village Districts of the Town of Burkittsville, Maryland.
2. It is the further purpose of this article to preserve and enhance the quality of life and to safeguard the historical and cultural heritage of the Town of Burkittsville, Maryland by preserving sites or structures within our districts which reflect elements of cultural, social, economic, political, archeological, or architectural history; to strengthen the local economy; to stabilize and improve property values of such sites, structures, or districts; to foster civic beauty; to ensure public safety; and to promote the preservation and appreciation of such sites, structures, and districts for the education and welfare of the residents of the Town of Burkittsville, Maryland.
  In order to promote the preservation of the Historic Village and Agricultural Districts, owners shall maintain or cause to be maintained the exterior and structural features of their historic properties and not allow conditions of neglect to occur. The exterior features of any landmark, site or structure located within the districts shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects. The owner, or other person having such legal possession, custody, and control, shall upon written request by the Town repair such exterior features if they are found to be deteriorating.
Definitions. For the purposes of the Ordinance the following words and phrases, shall have the meanings respectively ascribed to them:
1. APPURTENANCES AND ENVIRONMENTAL SETTINGS shall mean all that space of grounds and structures thereon which surrounds a designated Site or Structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.
2. CERTIFICATE OF APPROPRIATENESS shall mean a certificate issued by the Burkittsville Planning & Zoning Commission indicating its approval of plans for construction, alteration, reconstruction, moving, or demolition of an individually designated landmark, site or structure or of a site or structure within a designated preservation district.
3. DEMOLITION BY NEGLECT shall mean any willful abandonment or lack in the maintenance and repair of an individually designated landmark, site, or structure, or a site or structure within the designated agricultural or historic village districts, not including any appurtenances and environmental settings, that does not result from an owner's financial inability to maintain and repair such landmark, site, or structure, and which results in but not limited to any of the following conditions:
  1. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
  2. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.
  3. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.
  4. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.
  5. Deterioration or crumbling of exterior plasters or mortars.
  6. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.
  7. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
  8. Rotting, holes, and other forms of decay.
  9. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.
  10. Heaving, subsidence, or cracking of sidewalks, steps, or pathways.
  11. Boarded up windows and doors prohibited; exceptions. Boarded-up windows and doors in areas in the historic district are prohibited with the following exceptions. Temporary exceptions to this standard can only be authorized by a certificate of appropriateness that is approved by the Burkittsville Planning and Zoning Commission or by order of the Environmental Management Administrator for a specific limited time period in order to protect the structure against further deterioration pending replacement windows, doors, or storefronts. All temporary boarded up windows which will remain for more than 30 days must be painted as specified and authorized by the certificate of appropriateness. Property owners in the districts who currently have windows or doors boarded-up must have such windows and doors replaced pursuant to a certificate of appropriateness, within six months of the effective date of the ordinance from which this section derives.
4. EXTERIOR FEATURES shall mean the architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure.
5. LANDMARK shall mean any designated site or structure outside the boundaries of a preservation district that is of exceptional historic, archeological, or architectural significance.
6. SITE shall mean the location of an event of historic significance or a structure, whether standing or ruined, which possesses historic, architectural, archeological, or cultural significance.
7. STRUCTURE shall mean a combination of material to form a construction that is stable, including but not limited to out buildings, grain storage silos or towers, water tanks and towers, bridges, paving, bulkheads, sheds, garages, smoke houses, bins, shelters, fences, and display signs visible or intended to be visible from a public way. The term "structure" shall be construed as if followed by the words, "or part thereof."
Investigation of Conditions of Neglect. The town designate the Environmental Management Administrator to investigate petitions and make findings.
Petition and Action. The Mayor and Council of the Town of Burkittsville, Maryland or the Burkittsville Planning & Zoning Commission may file a petition listing specific defects with the Environmental Management Administrator requesting that (s)he act under the following procedures to require the correction of deterioration or making of repairs to any historic landmark or significant site or structure located within the districts so that such structure or site shall be preserved and protected in accordance with this ordinance:
1. Whenever a petition is filed with the Environmental Management Administrator charging that a landmark, site or structure is undergoing demolition by neglect, (s)he (or a designated agent) shall, if her/his preliminary investigation discloses a basis for such charges, within 15 days issue and cause to be served upon the owner and/or such other person who may have legal possession, custody, and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges and offering the owner the opportunity to meet in person with the Environmental Management Administrator not less than 30 nor more than 45 days after the serving of such complaint. The owner and/or parties in interest shall be given a right to answer to give testimony at the place and time fixed in the complaint; the town shall also be given notice of the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Environmental Management Administrator. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wishes to petition the Board of Appeals for a claim of undue economic hardship.
2. If after such notice and hearing, the Environmental Management Administrator determines that the structure is undergoing demolition by neglect because it is deteriorating, according to the standards of this section, the inspector shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. In the event that the owner and/or other parties in interest wish to petition for a claim of undue economic hardship, the inspector's order shall be stayed until after the Board's determination.
Methods of Service. Complaints or orders issued by the Environmental Management Administrator shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, and the Environmental Management Administrator shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order may be made by publishing the same once each week for two successive weeks in a newspaper generally circulated within the city. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
Safeguards from Undue Economic Hardship.
1. When a claim of undue economic hardship is made owing to the effects of this ordinance, the Environmental Management Administrator shall notify the Board of Appeals within ten days following the hearing on the complaint. The Board of Appeals shall schedule a hearing on the claim at its earliest convenience, within the limitations of its procedures for application deadlines. The petitioner shall present the information provided under subsection (g)(2) below to the Board of Appeals. The Board of Appeals may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The Board of Appeals may direct that additional information be furnished as the board believes is relevant such as findings from the Planning & Zoning Commission or the Mayor and Council. The Board of Appeals shall also state which form of financial proof it deems relevant and necessary to a particular case. In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained.
2. When a claim of undue economic hardship is made owing to the effects of this ordinance, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property:
  1. Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control.
  2. Financial resources of the owner and/or parties in interest.
  3. Cost of repairs.
  4. Assessed value of the land and improvements.
  5. Real estate taxes for the previous two years.
  6. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.
  7. Annual debt service, if any, for previous two years.
  8. Any listing of the property for sale or rent, price asked, and offers received, if any.
    1. For income producing property:
    2. Annual gross income from the property for the previous two years.
    3. Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed.
    4. Annual cash flow, if any, for the previous two years.
3. Within 60 days of the Board of Appeals hearing on the claim, the Board of Appeals shall cause to be made a finding regarding the claim of undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the Planning & Zoning Commission shall report such a finding to the Environmental Management Administrator. The Environmental Management Administrator shall then cause to be issued an order for such property to be repaired within the time specified.
4. In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under the Maryland law, loans or grants from the town, the county, or other public, private, or non-profit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this ordinance sufficient to mitigate the undue economic hardship. The Board of Appeals shall report such finding and plan to the Environmental Management Administrator. The Environmental Management Administrator shall cause to be issued an order for such property to be repaired within the time specified, and in accordance with the provisions of the recommended plan.
Investigation of Conditions of Neglect. The town designates the Environmental Management Administrator to investigate petitions and make findings.
Appeals. Findings made by the Environmental Management Administrator or by the Planning & Zoning Commission may be appealed to the Board of Appeals. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Appeals within ten days following receipt of the order for repair of the property or determination. Appeals from the Board of Appeals shall be in the nature of certiorari.
Other Town or County Powers. Nothing contained within this Ordinance shall diminish the town's or county's power to declare a building as unsafe or a violation of the minimum building code.
Penalties and Remedies. Enforcement of this Ordinance may be by either one or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions:
1. Equitable Remedy. The Town may apply for any appropriate equitable remedy to enforce the provisions of this article.
2. Order of Abatement. The Town may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. Whenever the party is cited for contempt by the court and the Town executes the order of abatement, the Town shall have a lien, on the property for the cost of executing the order of abatement.
3. Civil Penalty. No civil penalty shall be levied unless and until the Environmental Management Administrator (or a designated agent) shall deliver a written notice by personal service or by registered mail or by certified mail, return receipt requested, to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of any appeal by the board of adjustment, and no corrective action has been completed, a civil penalty shall be assessed in the amount of $50.00 per day of continuing violation. The fine will be allocated to town projects in the districts.

Burkittsville City Zoning Code

SECTION 9

04 Demolition By Neglect 2009--01

Authority. The Mayor and Council of the Town of Burkittsville, Maryland and the Burkittsville Planning and Zoning Commissioners, derive authority for this ordinance by virtue of its conformance with provisions of the State of Maryland Enabling Act for Historic Area Zoning (Article 66B, Section 8.01-8.17, Annotated Code of Maryland, as amended) and Frederick County Maryland Code of Ordinances Section 1-23: Historic Preservation.
Purpose.
1. The preservation of landmarks, sites, structures, and districts of historical, archeological, or architectural significance together with their appurtenances and environmental settings is a public purpose in both the Agricultural and Historical Village Districts of the Town of Burkittsville, Maryland.
2. It is the further purpose of this article to preserve and enhance the quality of life and to safeguard the historical and cultural heritage of the Town of Burkittsville, Maryland by preserving sites or structures within our districts which reflect elements of cultural, social, economic, political, archeological, or architectural history; to strengthen the local economy; to stabilize and improve property values of such sites, structures, or districts; to foster civic beauty; to ensure public safety; and to promote the preservation and appreciation of such sites, structures, and districts for the education and welfare of the residents of the Town of Burkittsville, Maryland.
  In order to promote the preservation of the Historic Village and Agricultural Districts, owners shall maintain or cause to be maintained the exterior and structural features of their historic properties and not allow conditions of neglect to occur. The exterior features of any landmark, site or structure located within the districts shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects. The owner, or other person having such legal possession, custody, and control, shall upon written request by the Town repair such exterior features if they are found to be deteriorating.
Definitions. For the purposes of the Ordinance the following words and phrases, shall have the meanings respectively ascribed to them:
1. APPURTENANCES AND ENVIRONMENTAL SETTINGS shall mean all that space of grounds and structures thereon which surrounds a designated Site or Structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.
2. CERTIFICATE OF APPROPRIATENESS shall mean a certificate issued by the Burkittsville Planning & Zoning Commission indicating its approval of plans for construction, alteration, reconstruction, moving, or demolition of an individually designated landmark, site or structure or of a site or structure within a designated preservation district.
3. DEMOLITION BY NEGLECT shall mean any willful abandonment or lack in the maintenance and repair of an individually designated landmark, site, or structure, or a site or structure within the designated agricultural or historic village districts, not including any appurtenances and environmental settings, that does not result from an owner's financial inability to maintain and repair such landmark, site, or structure, and which results in but not limited to any of the following conditions:
  1. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
  2. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.
  3. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.
  4. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.
  5. Deterioration or crumbling of exterior plasters or mortars.
  6. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.
  7. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
  8. Rotting, holes, and other forms of decay.
  9. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.
  10. Heaving, subsidence, or cracking of sidewalks, steps, or pathways.
  11. Boarded up windows and doors prohibited; exceptions. Boarded-up windows and doors in areas in the historic district are prohibited with the following exceptions. Temporary exceptions to this standard can only be authorized by a certificate of appropriateness that is approved by the Burkittsville Planning and Zoning Commission or by order of the Environmental Management Administrator for a specific limited time period in order to protect the structure against further deterioration pending replacement windows, doors, or storefronts. All temporary boarded up windows which will remain for more than 30 days must be painted as specified and authorized by the certificate of appropriateness. Property owners in the districts who currently have windows or doors boarded-up must have such windows and doors replaced pursuant to a certificate of appropriateness, within six months of the effective date of the ordinance from which this section derives.
4. EXTERIOR FEATURES shall mean the architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure.
5. LANDMARK shall mean any designated site or structure outside the boundaries of a preservation district that is of exceptional historic, archeological, or architectural significance.
6. SITE shall mean the location of an event of historic significance or a structure, whether standing or ruined, which possesses historic, architectural, archeological, or cultural significance.
7. STRUCTURE shall mean a combination of material to form a construction that is stable, including but not limited to out buildings, grain storage silos or towers, water tanks and towers, bridges, paving, bulkheads, sheds, garages, smoke houses, bins, shelters, fences, and display signs visible or intended to be visible from a public way. The term "structure" shall be construed as if followed by the words, "or part thereof."
Investigation of Conditions of Neglect. The town designate the Environmental Management Administrator to investigate petitions and make findings.
Petition and Action. The Mayor and Council of the Town of Burkittsville, Maryland or the Burkittsville Planning & Zoning Commission may file a petition listing specific defects with the Environmental Management Administrator requesting that (s)he act under the following procedures to require the correction of deterioration or making of repairs to any historic landmark or significant site or structure located within the districts so that such structure or site shall be preserved and protected in accordance with this ordinance:
1. Whenever a petition is filed with the Environmental Management Administrator charging that a landmark, site or structure is undergoing demolition by neglect, (s)he (or a designated agent) shall, if her/his preliminary investigation discloses a basis for such charges, within 15 days issue and cause to be served upon the owner and/or such other person who may have legal possession, custody, and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges and offering the owner the opportunity to meet in person with the Environmental Management Administrator not less than 30 nor more than 45 days after the serving of such complaint. The owner and/or parties in interest shall be given a right to answer to give testimony at the place and time fixed in the complaint; the town shall also be given notice of the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Environmental Management Administrator. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wishes to petition the Board of Appeals for a claim of undue economic hardship.
2. If after such notice and hearing, the Environmental Management Administrator determines that the structure is undergoing demolition by neglect because it is deteriorating, according to the standards of this section, the inspector shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. In the event that the owner and/or other parties in interest wish to petition for a claim of undue economic hardship, the inspector's order shall be stayed until after the Board's determination.
Methods of Service. Complaints or orders issued by the Environmental Management Administrator shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, and the Environmental Management Administrator shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order may be made by publishing the same once each week for two successive weeks in a newspaper generally circulated within the city. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
Safeguards from Undue Economic Hardship.
1. When a claim of undue economic hardship is made owing to the effects of this ordinance, the Environmental Management Administrator shall notify the Board of Appeals within ten days following the hearing on the complaint. The Board of Appeals shall schedule a hearing on the claim at its earliest convenience, within the limitations of its procedures for application deadlines. The petitioner shall present the information provided under subsection (g)(2) below to the Board of Appeals. The Board of Appeals may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The Board of Appeals may direct that additional information be furnished as the board believes is relevant such as findings from the Planning & Zoning Commission or the Mayor and Council. The Board of Appeals shall also state which form of financial proof it deems relevant and necessary to a particular case. In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained.
2. When a claim of undue economic hardship is made owing to the effects of this ordinance, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property:
  1. Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control.
  2. Financial resources of the owner and/or parties in interest.
  3. Cost of repairs.
  4. Assessed value of the land and improvements.
  5. Real estate taxes for the previous two years.
  6. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.
  7. Annual debt service, if any, for previous two years.
  8. Any listing of the property for sale or rent, price asked, and offers received, if any.
    1. For income producing property:
    2. Annual gross income from the property for the previous two years.
    3. Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed.
    4. Annual cash flow, if any, for the previous two years.
3. Within 60 days of the Board of Appeals hearing on the claim, the Board of Appeals shall cause to be made a finding regarding the claim of undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the Planning & Zoning Commission shall report such a finding to the Environmental Management Administrator. The Environmental Management Administrator shall then cause to be issued an order for such property to be repaired within the time specified.
4. In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under the Maryland law, loans or grants from the town, the county, or other public, private, or non-profit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this ordinance sufficient to mitigate the undue economic hardship. The Board of Appeals shall report such finding and plan to the Environmental Management Administrator. The Environmental Management Administrator shall cause to be issued an order for such property to be repaired within the time specified, and in accordance with the provisions of the recommended plan.
Investigation of Conditions of Neglect. The town designates the Environmental Management Administrator to investigate petitions and make findings.
Appeals. Findings made by the Environmental Management Administrator or by the Planning & Zoning Commission may be appealed to the Board of Appeals. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Appeals within ten days following receipt of the order for repair of the property or determination. Appeals from the Board of Appeals shall be in the nature of certiorari.
Other Town or County Powers. Nothing contained within this Ordinance shall diminish the town's or county's power to declare a building as unsafe or a violation of the minimum building code.
Penalties and Remedies. Enforcement of this Ordinance may be by either one or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions:
1. Equitable Remedy. The Town may apply for any appropriate equitable remedy to enforce the provisions of this article.
2. Order of Abatement. The Town may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. Whenever the party is cited for contempt by the court and the Town executes the order of abatement, the Town shall have a lien, on the property for the cost of executing the order of abatement.
3. Civil Penalty. No civil penalty shall be levied unless and until the Environmental Management Administrator (or a designated agent) shall deliver a written notice by personal service or by registered mail or by certified mail, return receipt requested, to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of any appeal by the board of adjustment, and no corrective action has been completed, a civil penalty shall be assessed in the amount of $50.00 per day of continuing violation. The fine will be allocated to town projects in the districts.

Burkittsville City Zoning Code

SECTION 9

04 Demolition By Neglect 2009--01

Authority. The Mayor and Council of the Town of Burkittsville, Maryland and the Burkittsville Planning and Zoning Commissioners, derive authority for this ordinance by virtue of its conformance with provisions of the State of Maryland Enabling Act for Historic Area Zoning (Article 66B, Section 8.01-8.17, Annotated Code of Maryland, as amended) and Frederick County Maryland Code of Ordinances Section 1-23: Historic Preservation.
Purpose.
1. The preservation of landmarks, sites, structures, and districts of historical, archeological, or architectural significance together with their appurtenances and environmental settings is a public purpose in both the Agricultural and Historical Village Districts of the Town of Burkittsville, Maryland.
2. It is the further purpose of this article to preserve and enhance the quality of life and to safeguard the historical and cultural heritage of the Town of Burkittsville, Maryland by preserving sites or structures within our districts which reflect elements of cultural, social, economic, political, archeological, or architectural history; to strengthen the local economy; to stabilize and improve property values of such sites, structures, or districts; to foster civic beauty; to ensure public safety; and to promote the preservation and appreciation of such sites, structures, and districts for the education and welfare of the residents of the Town of Burkittsville, Maryland.
  In order to promote the preservation of the Historic Village and Agricultural Districts, owners shall maintain or cause to be maintained the exterior and structural features of their historic properties and not allow conditions of neglect to occur. The exterior features of any landmark, site or structure located within the districts shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects. The owner, or other person having such legal possession, custody, and control, shall upon written request by the Town repair such exterior features if they are found to be deteriorating.
Definitions. For the purposes of the Ordinance the following words and phrases, shall have the meanings respectively ascribed to them:
1. APPURTENANCES AND ENVIRONMENTAL SETTINGS shall mean all that space of grounds and structures thereon which surrounds a designated Site or Structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.
2. CERTIFICATE OF APPROPRIATENESS shall mean a certificate issued by the Burkittsville Planning & Zoning Commission indicating its approval of plans for construction, alteration, reconstruction, moving, or demolition of an individually designated landmark, site or structure or of a site or structure within a designated preservation district.
3. DEMOLITION BY NEGLECT shall mean any willful abandonment or lack in the maintenance and repair of an individually designated landmark, site, or structure, or a site or structure within the designated agricultural or historic village districts, not including any appurtenances and environmental settings, that does not result from an owner's financial inability to maintain and repair such landmark, site, or structure, and which results in but not limited to any of the following conditions:
  1. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
  2. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.
  3. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.
  4. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.
  5. Deterioration or crumbling of exterior plasters or mortars.
  6. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.
  7. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
  8. Rotting, holes, and other forms of decay.
  9. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.
  10. Heaving, subsidence, or cracking of sidewalks, steps, or pathways.
  11. Boarded up windows and doors prohibited; exceptions. Boarded-up windows and doors in areas in the historic district are prohibited with the following exceptions. Temporary exceptions to this standard can only be authorized by a certificate of appropriateness that is approved by the Burkittsville Planning and Zoning Commission or by order of the Environmental Management Administrator for a specific limited time period in order to protect the structure against further deterioration pending replacement windows, doors, or storefronts. All temporary boarded up windows which will remain for more than 30 days must be painted as specified and authorized by the certificate of appropriateness. Property owners in the districts who currently have windows or doors boarded-up must have such windows and doors replaced pursuant to a certificate of appropriateness, within six months of the effective date of the ordinance from which this section derives.
4. EXTERIOR FEATURES shall mean the architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure.
5. LANDMARK shall mean any designated site or structure outside the boundaries of a preservation district that is of exceptional historic, archeological, or architectural significance.
6. SITE shall mean the location of an event of historic significance or a structure, whether standing or ruined, which possesses historic, architectural, archeological, or cultural significance.
7. STRUCTURE shall mean a combination of material to form a construction that is stable, including but not limited to out buildings, grain storage silos or towers, water tanks and towers, bridges, paving, bulkheads, sheds, garages, smoke houses, bins, shelters, fences, and display signs visible or intended to be visible from a public way. The term "structure" shall be construed as if followed by the words, "or part thereof."
Investigation of Conditions of Neglect. The town designate the Environmental Management Administrator to investigate petitions and make findings.
Petition and Action. The Mayor and Council of the Town of Burkittsville, Maryland or the Burkittsville Planning & Zoning Commission may file a petition listing specific defects with the Environmental Management Administrator requesting that (s)he act under the following procedures to require the correction of deterioration or making of repairs to any historic landmark or significant site or structure located within the districts so that such structure or site shall be preserved and protected in accordance with this ordinance:
1. Whenever a petition is filed with the Environmental Management Administrator charging that a landmark, site or structure is undergoing demolition by neglect, (s)he (or a designated agent) shall, if her/his preliminary investigation discloses a basis for such charges, within 15 days issue and cause to be served upon the owner and/or such other person who may have legal possession, custody, and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges and offering the owner the opportunity to meet in person with the Environmental Management Administrator not less than 30 nor more than 45 days after the serving of such complaint. The owner and/or parties in interest shall be given a right to answer to give testimony at the place and time fixed in the complaint; the town shall also be given notice of the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Environmental Management Administrator. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wishes to petition the Board of Appeals for a claim of undue economic hardship.
2. If after such notice and hearing, the Environmental Management Administrator determines that the structure is undergoing demolition by neglect because it is deteriorating, according to the standards of this section, the inspector shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. In the event that the owner and/or other parties in interest wish to petition for a claim of undue economic hardship, the inspector's order shall be stayed until after the Board's determination.
Methods of Service. Complaints or orders issued by the Environmental Management Administrator shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, and the Environmental Management Administrator shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order may be made by publishing the same once each week for two successive weeks in a newspaper generally circulated within the city. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
Safeguards from Undue Economic Hardship.
1. When a claim of undue economic hardship is made owing to the effects of this ordinance, the Environmental Management Administrator shall notify the Board of Appeals within ten days following the hearing on the complaint. The Board of Appeals shall schedule a hearing on the claim at its earliest convenience, within the limitations of its procedures for application deadlines. The petitioner shall present the information provided under subsection (g)(2) below to the Board of Appeals. The Board of Appeals may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The Board of Appeals may direct that additional information be furnished as the board believes is relevant such as findings from the Planning & Zoning Commission or the Mayor and Council. The Board of Appeals shall also state which form of financial proof it deems relevant and necessary to a particular case. In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained.
2. When a claim of undue economic hardship is made owing to the effects of this ordinance, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property:
  1. Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control.
  2. Financial resources of the owner and/or parties in interest.
  3. Cost of repairs.
  4. Assessed value of the land and improvements.
  5. Real estate taxes for the previous two years.
  6. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.
  7. Annual debt service, if any, for previous two years.
  8. Any listing of the property for sale or rent, price asked, and offers received, if any.
    1. For income producing property:
    2. Annual gross income from the property for the previous two years.
    3. Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed.
    4. Annual cash flow, if any, for the previous two years.
3. Within 60 days of the Board of Appeals hearing on the claim, the Board of Appeals shall cause to be made a finding regarding the claim of undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the Planning & Zoning Commission shall report such a finding to the Environmental Management Administrator. The Environmental Management Administrator shall then cause to be issued an order for such property to be repaired within the time specified.
4. In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under the Maryland law, loans or grants from the town, the county, or other public, private, or non-profit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this ordinance sufficient to mitigate the undue economic hardship. The Board of Appeals shall report such finding and plan to the Environmental Management Administrator. The Environmental Management Administrator shall cause to be issued an order for such property to be repaired within the time specified, and in accordance with the provisions of the recommended plan.
Investigation of Conditions of Neglect. The town designates the Environmental Management Administrator to investigate petitions and make findings.
Appeals. Findings made by the Environmental Management Administrator or by the Planning & Zoning Commission may be appealed to the Board of Appeals. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Appeals within ten days following receipt of the order for repair of the property or determination. Appeals from the Board of Appeals shall be in the nature of certiorari.
Other Town or County Powers. Nothing contained within this Ordinance shall diminish the town's or county's power to declare a building as unsafe or a violation of the minimum building code.
Penalties and Remedies. Enforcement of this Ordinance may be by either one or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions:
1. Equitable Remedy. The Town may apply for any appropriate equitable remedy to enforce the provisions of this article.
2. Order of Abatement. The Town may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. Whenever the party is cited for contempt by the court and the Town executes the order of abatement, the Town shall have a lien, on the property for the cost of executing the order of abatement.
3. Civil Penalty. No civil penalty shall be levied unless and until the Environmental Management Administrator (or a designated agent) shall deliver a written notice by personal service or by registered mail or by certified mail, return receipt requested, to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of any appeal by the board of adjustment, and no corrective action has been completed, a civil penalty shall be assessed in the amount of $50.00 per day of continuing violation. The fine will be allocated to town projects in the districts.