HISTORIC DISTRICT COMMISSION
There is hereby created the "City of Laurel Historic District Commission," throughout this article referred to as the "Historic District Commission".
The Historic District Commission shall consist of seven (7) members, namely a member of the City Council and six (6) persons, all of whom shall be appointed by the Mayor and confirmed by the City Council. The terms of all members shall be for three (3) years, or until their successors take office. The terms of six (6) members, other than the City Council member first appointed by the Mayor, shall be structured so that two (2) members serve for one (1) year; two (2) members serve for (2) years; and two (2) members serve for three (3) years from the effective date of the creation of the Historic District Commission and shall be specified by the Mayor at the time of appointment. The term of the first City Council member appointed shall be for one (1) year. Notwithstanding the foregoing, the term of the City Council member appointed shall cease whenever his official tenure as a member of the City Council shall terminate. A vacancy occurring prior to the expiration of the term for which a member of the Historic District Commission is appointed shall be filled in a like manner for the remainder of the unexpired term for which the predecessor was appointed. All members of the Historic District Commission shall serve as such without compensation and may be reappointed to additional terms.
The Commission shall elect a Chairman from among the members appointed by the Mayor. The term of the Chairman shall be one (1) year with eligibility for re-election.
The Historic District Commission shall have the powers and duties as set out in the historic area-zoning subtitle of the Land Use Article of the Annotated Code of Maryland, as amended, and as further defined in other regulations in this article adopted pursuant thereto.
(Ord. No. 1987, 10-25-2021)
(a)
The Historic District Commission and the Mayor and City Council shall hold public hearings on all plans, regulations and other proposals for which such hearings are required under the historic area zoning subtitle of the Land Use Article of the Annotated Code of Maryland, as amended. In connection with such hearings the Mayor and City Council or the Historic District Commission, as the case may be, shall give public notice of at least fifteen (15) days by publication in a newspaper in general circulation published within the City or a newspaper of record designated by the Prince George's County Council. Every such notice shall include the time and place of the hearing, a description, or summary of the proposals to be considered at the hearing, and the place where a copy of such proposals may be obtained. At all such hearings interested persons shall be afforded an opportunity to submit data, views, or regulations, with respect to the proposals under consideration.
(b)
In connection with hearings conducted by the Mayor and City Council, there shall be prepared and kept a written transcript thereof. After any such hearing, the Mayor and City Council shall, by resolution adopted by "yea" and "nay" vote in open session, on the basis of the record in the proceeding, either adopt with or without modification, or reject, the proposed plans or regulations in whole or in part.
(c)
The Historic District Commission shall adopt a set of guidelines for use when considering all proposed signage within a Historic District.
(Ord. No. 1987, 10-25-2021)
The Historic District Commission shall hold a regular meeting once a month to carry out the powers and duties as set out in the historic area-zoning subtitle of the Land Use Article of the Annotated Code of Maryland, as amended, and as further defined in other regulations of this article adopted pursuant thereto.
(Ord. No. 1744, 7-23-2012; Ord. No. 1987, 10-25-2021)
The City Administrator or their designated representative shall be the Chief Executive Officer of the Historic District Commission, and the City Solicitor shall serve as attorney for the Historic District Commission. The Director of the Department of Economic and Community Development or their designated representative shall serve as staff to the Historic District Commission. There may be appointed architects, historians, engineers (either full or part time) and/or other such employees as may be deemed necessary for the Historic District Commission to carry out its functions. All applications, plats, maps, and other matters and papers as are required to be filed with the Historic District Commission by the Land Use Article of the Annotated Code of Maryland, as amended, or regulations adopted pursuant thereto, shall be filed with the Director of the Department of Community Planning and Business Services, or their respective designated representative, and the Director of the Department of Community Planning and Business Services or their respective designated representative shall be responsible for presenting all such applications, plats, maps and other matters or papers to the Historic District Commission for its consideration for action.
(Ord. No. 1987, 10-25-2021; Ord. No. 1991, 1-10-2022)
(a)
Duty to maintain. All historic landmarks and all significant buildings, objects, sites, and structures located within a Historic District, shall be preserved against decay, deterioration, and kept free from certain structural defects by the owner or such person, persons, or entities who may have custody or control thereof. Such owner(s) or other persons shall repair such building, object, site, or structure if it has any of the following defects:
(1)
Deteriorated or inadequate foundations;
(2)
Defective or deteriorated flooring or floor supports of insufficient size to carry imposed loads with safety;
(3)
Members of walls or other vertical supports that split lean, list, or buckle due to defective material, workmanship, or deterioration;
(4)
Members of walls or other vertical supports that are insufficient to carry imposed loads with safety;
(5)
Members of ceilings, roofs, and their support system, or other horizontal members which sag, split, or buckle due to defective material, workmanship, or deterioration;
(6)
Members of ceiling and roof supports or other horizontal members that are insufficient to carry imposed loads with safety;
(7)
Fireplaces or chimneys which list, bulge, or settle due to defective materials, workmanship, or deterioration;
(8)
Deteriorated or ineffective waterproofing of exterior walls or roofs, including broken windows or doors;
(9)
Deterioration or defects in paints, coating systems, or flashing resulting in destructive moisture penetration or rot;
(10)
Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight.
(b)
Determination of neglect. If the Historic District Commission upon recommendation or presentation by the Chief Building Official (CBO) of the City or their designee makes a determination that a resource is being demolished or deteriorated by neglect, the Chief Executive Officer of the Historic District Commission shall direct the City Building Official to notify the owner or owners of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record thirty (30) days from the date of such notice to correct the defects or present to the Commission a plan for remediation if the defect cannot be remedied within such thirty-day period.
(c)
Subsequent determination. If, within thirty (30) days after such initial determination, the Commission shall again determine that the resource is being demolished or deteriorated by neglect, the Chief Executive Officer may direct the City Building Official to file a complaint for a violation of the zoning regulations of the City, against the owner or owners if the necessary repairs are not completed within ninety (90) days of the second determination by the Commission that the subject building or structure is being demolished or deteriorated by neglect.
(d)
City stabilization. Additionally, the City Administrator may direct the City Building Official to accomplish the repairs necessary to stabilize and protect the resource. The City may then pay and charge the expenses incurred in doing such work or having such work done or improvements made to the record owner of such resource. If such work is done or improvements made at the expense of the City, then such expenses shall be assessed as a lien on the real estate, lot or lots upon which such expense was incurred as provided by law. The City, and the City's authorized employees, contracting agents, or other representatives, after proper identification, are hereby expressly authorized to enter upon private property at any time during normal working hours and at any time in cases of emergency, for the purpose of completing repairs necessary for the stabilization and repair of a resource. Neither the City nor its employees, agents or contractors shall be answerable or damage to property due to the enforcement of this subsection.
(e)
Lien establishment. The City Administrator or other person authorized to act on behalf of the City shall file a statement of such expenses incurred by filing the amount of such expenses, the date on which said work was done or improvements made, with the Prince George's County Office of Finance Treasury Division. The City shall have a lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made. Said lien amount shall bear interest per annum from the date said statement was filed at the rate of ten (10) percent. For any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City. The statement of expenses so made, as aforesaid, shall be a prima facie proof of the amount expended for such work or improvements.
(Ord. No. 1877, 9-26-2016)
Appeals from decisions of the Historic District Commission shall be in the Board of Appeals. Such appeals shall be governed by the provisions of Division 4, Board of Appeals of this article and such rules of procedure as the Board of Appeals may promulgate from time to time.
(Ord. No. 1877, 9-26-2016)
Editor's note— Ord. No. 1877, adopted Sept. 26, 2016, added provisions to be designate as § 20-25.8, and directed the renumbering of former § 20-25.8 to § 20-25.9.
HISTORIC DISTRICT COMMISSION
There is hereby created the "City of Laurel Historic District Commission," throughout this article referred to as the "Historic District Commission".
The Historic District Commission shall consist of seven (7) members, namely a member of the City Council and six (6) persons, all of whom shall be appointed by the Mayor and confirmed by the City Council. The terms of all members shall be for three (3) years, or until their successors take office. The terms of six (6) members, other than the City Council member first appointed by the Mayor, shall be structured so that two (2) members serve for one (1) year; two (2) members serve for (2) years; and two (2) members serve for three (3) years from the effective date of the creation of the Historic District Commission and shall be specified by the Mayor at the time of appointment. The term of the first City Council member appointed shall be for one (1) year. Notwithstanding the foregoing, the term of the City Council member appointed shall cease whenever his official tenure as a member of the City Council shall terminate. A vacancy occurring prior to the expiration of the term for which a member of the Historic District Commission is appointed shall be filled in a like manner for the remainder of the unexpired term for which the predecessor was appointed. All members of the Historic District Commission shall serve as such without compensation and may be reappointed to additional terms.
The Commission shall elect a Chairman from among the members appointed by the Mayor. The term of the Chairman shall be one (1) year with eligibility for re-election.
The Historic District Commission shall have the powers and duties as set out in the historic area-zoning subtitle of the Land Use Article of the Annotated Code of Maryland, as amended, and as further defined in other regulations in this article adopted pursuant thereto.
(Ord. No. 1987, 10-25-2021)
(a)
The Historic District Commission and the Mayor and City Council shall hold public hearings on all plans, regulations and other proposals for which such hearings are required under the historic area zoning subtitle of the Land Use Article of the Annotated Code of Maryland, as amended. In connection with such hearings the Mayor and City Council or the Historic District Commission, as the case may be, shall give public notice of at least fifteen (15) days by publication in a newspaper in general circulation published within the City or a newspaper of record designated by the Prince George's County Council. Every such notice shall include the time and place of the hearing, a description, or summary of the proposals to be considered at the hearing, and the place where a copy of such proposals may be obtained. At all such hearings interested persons shall be afforded an opportunity to submit data, views, or regulations, with respect to the proposals under consideration.
(b)
In connection with hearings conducted by the Mayor and City Council, there shall be prepared and kept a written transcript thereof. After any such hearing, the Mayor and City Council shall, by resolution adopted by "yea" and "nay" vote in open session, on the basis of the record in the proceeding, either adopt with or without modification, or reject, the proposed plans or regulations in whole or in part.
(c)
The Historic District Commission shall adopt a set of guidelines for use when considering all proposed signage within a Historic District.
(Ord. No. 1987, 10-25-2021)
The Historic District Commission shall hold a regular meeting once a month to carry out the powers and duties as set out in the historic area-zoning subtitle of the Land Use Article of the Annotated Code of Maryland, as amended, and as further defined in other regulations of this article adopted pursuant thereto.
(Ord. No. 1744, 7-23-2012; Ord. No. 1987, 10-25-2021)
The City Administrator or their designated representative shall be the Chief Executive Officer of the Historic District Commission, and the City Solicitor shall serve as attorney for the Historic District Commission. The Director of the Department of Economic and Community Development or their designated representative shall serve as staff to the Historic District Commission. There may be appointed architects, historians, engineers (either full or part time) and/or other such employees as may be deemed necessary for the Historic District Commission to carry out its functions. All applications, plats, maps, and other matters and papers as are required to be filed with the Historic District Commission by the Land Use Article of the Annotated Code of Maryland, as amended, or regulations adopted pursuant thereto, shall be filed with the Director of the Department of Community Planning and Business Services, or their respective designated representative, and the Director of the Department of Community Planning and Business Services or their respective designated representative shall be responsible for presenting all such applications, plats, maps and other matters or papers to the Historic District Commission for its consideration for action.
(Ord. No. 1987, 10-25-2021; Ord. No. 1991, 1-10-2022)
(a)
Duty to maintain. All historic landmarks and all significant buildings, objects, sites, and structures located within a Historic District, shall be preserved against decay, deterioration, and kept free from certain structural defects by the owner or such person, persons, or entities who may have custody or control thereof. Such owner(s) or other persons shall repair such building, object, site, or structure if it has any of the following defects:
(1)
Deteriorated or inadequate foundations;
(2)
Defective or deteriorated flooring or floor supports of insufficient size to carry imposed loads with safety;
(3)
Members of walls or other vertical supports that split lean, list, or buckle due to defective material, workmanship, or deterioration;
(4)
Members of walls or other vertical supports that are insufficient to carry imposed loads with safety;
(5)
Members of ceilings, roofs, and their support system, or other horizontal members which sag, split, or buckle due to defective material, workmanship, or deterioration;
(6)
Members of ceiling and roof supports or other horizontal members that are insufficient to carry imposed loads with safety;
(7)
Fireplaces or chimneys which list, bulge, or settle due to defective materials, workmanship, or deterioration;
(8)
Deteriorated or ineffective waterproofing of exterior walls or roofs, including broken windows or doors;
(9)
Deterioration or defects in paints, coating systems, or flashing resulting in destructive moisture penetration or rot;
(10)
Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight.
(b)
Determination of neglect. If the Historic District Commission upon recommendation or presentation by the Chief Building Official (CBO) of the City or their designee makes a determination that a resource is being demolished or deteriorated by neglect, the Chief Executive Officer of the Historic District Commission shall direct the City Building Official to notify the owner or owners of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record thirty (30) days from the date of such notice to correct the defects or present to the Commission a plan for remediation if the defect cannot be remedied within such thirty-day period.
(c)
Subsequent determination. If, within thirty (30) days after such initial determination, the Commission shall again determine that the resource is being demolished or deteriorated by neglect, the Chief Executive Officer may direct the City Building Official to file a complaint for a violation of the zoning regulations of the City, against the owner or owners if the necessary repairs are not completed within ninety (90) days of the second determination by the Commission that the subject building or structure is being demolished or deteriorated by neglect.
(d)
City stabilization. Additionally, the City Administrator may direct the City Building Official to accomplish the repairs necessary to stabilize and protect the resource. The City may then pay and charge the expenses incurred in doing such work or having such work done or improvements made to the record owner of such resource. If such work is done or improvements made at the expense of the City, then such expenses shall be assessed as a lien on the real estate, lot or lots upon which such expense was incurred as provided by law. The City, and the City's authorized employees, contracting agents, or other representatives, after proper identification, are hereby expressly authorized to enter upon private property at any time during normal working hours and at any time in cases of emergency, for the purpose of completing repairs necessary for the stabilization and repair of a resource. Neither the City nor its employees, agents or contractors shall be answerable or damage to property due to the enforcement of this subsection.
(e)
Lien establishment. The City Administrator or other person authorized to act on behalf of the City shall file a statement of such expenses incurred by filing the amount of such expenses, the date on which said work was done or improvements made, with the Prince George's County Office of Finance Treasury Division. The City shall have a lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made. Said lien amount shall bear interest per annum from the date said statement was filed at the rate of ten (10) percent. For any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City. The statement of expenses so made, as aforesaid, shall be a prima facie proof of the amount expended for such work or improvements.
(Ord. No. 1877, 9-26-2016)
Appeals from decisions of the Historic District Commission shall be in the Board of Appeals. Such appeals shall be governed by the provisions of Division 4, Board of Appeals of this article and such rules of procedure as the Board of Appeals may promulgate from time to time.
(Ord. No. 1877, 9-26-2016)
Editor's note— Ord. No. 1877, adopted Sept. 26, 2016, added provisions to be designate as § 20-25.8, and directed the renumbering of former § 20-25.8 to § 20-25.9.