(A) The purpose of this section is to prevent the gradual deterioration of designated historic resources on the Frederick County Register of Historic Places due to a failure to provide normal and customary maintenance such that the unique attributes and character of the historic resource or district might be lost due to decay, deterioration, or structural defects.
(B) The property owner of an individually designated landmark, site, or structure, or of a site or structure within a designated historic district shall not permit such landmark, site, or structure to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the Commission, a detrimental effect upon the character of the district as a whole or the life and character of the landmark, site, or structure in question, including:
(1) Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling;
(2) Deterioration of flooring or floor supports, roofs, or other horizontal members that cause leaning, sagging, splitting, listing, or buckling;
(3) Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling;
(4) Deterioration or crumbling of exterior plasters or mortars;
(5) Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
(6) 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;
(7) 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;
(8) Deterioration of landscape features relevant to the historic integrity of the structure or site, including but not limited to: fences, gates, and accessory structures.
(C) In the event of demolition by neglect, the Commission may request the Director of the Department of Permits and Inspections or their designee to notify, in writing, the property owner of record as reflected on the tax rolls of Frederick County, and the occupant or other person responsible for the maintenance of the property, of the deterioration. The notice shall specify the minimum items of repair or maintenance necessary to correct the deterioration or prevent further deterioration.
(D) Prior to the issuance of a written notice, the Commission may request that Division Staff establish a record of demolition by neglect. Such a record may include dated materials such as photographs and written reports of the condition of the property so as to record or measure the deterioration.
(E) The notice shall provide that corrective action shall commence within 30 days of the receipt of said notice and be completed within a reasonable time thereafter. The notice shall state that the owner of record of the property, or any person of record with any right, title, or interest therein, may, within 10 days after the receipt of the notice, request a hearing on the necessity of the items and conditions contained in the notice. In the event a public hearing is requested, it shall be held by the Commission upon 30 days’ written notice being mailed to all persons of record with any right, title, or interest in the property and to all citizens and organizations which the Director of the Department of Permits and Inspections or their designee determines may have an interest in the proceedings.
(1) If, after the public hearing, the Commission determines that the corrective actions remain necessary, the Commission may request the Director of the Department of Permits and Inspections to issue a final notice to comply with the corrective action notice within 30 days of the date of the Commission’s determination.
(2) Upon failure, neglect, or refusal of the property owner or other responsible person, duly notified, to take the corrective action specified in the corrective action notice within the time required, the Commission may request that the Director of the Department of Permits and Inspections or their designee enter the building or premises affected by the order and cause the building or premises to be repaired, or cause any dangerous condition to be remedied, as the case may be, at the expense of the owner.
(3) If the property owner fails to repay the county for expenses incurred under subsection (D)(2) above within 30 days after written demand has been mailed to their last known address, the Director of Permits and Inspections shall notify the County Treasurer and a tax lien in favor of the county for the amount of the expenses incurred under subsection (D)(2) shall attach to the property. The property may be sold at tax sale to satisfy the lien.
(4) Failure to comply with the original or final correction notice shall constitute a violation of this chapter for each day that such violation continues and shall be punishable as set forth in § 1-23-16 of the Frederick County Code.
(Ord. 97-16-194, 12-2-1997; Ord. 14-23-678, 11-13-2014; Bill No. 24-01, 4-16-2024)