Division 5. Demolition by Neglect

If a historic resource has been classified as a Historic Site or is within a Historic District, as shown on the master plan, or if the Historic Preservation Commission has determined that it should be so classified, and the Commission finds that demolition of the resource by neglect should be prevented, the Commission shall instruct the Director to notify, in writing, the owner(s) of record of the property, any person having any right, title, or interest therein, 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 or prevent further deterioration.

Such notice shall be sent by certified mail, return receipt requested, addressed to said owner or other responsible person at the last known address, or the address shown on the real property tax records in the Land Records of Prince George's County, Maryland. Such notice, when so addressed and deposited with the Postal Service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities, the Director shall cause a copy of the notice to be personally served by authorized representative upon the owner(s) of record of the property, any person having any right, title, or interest therein, and the occupant or other person responsible for the maintenance of the property, or upon any agent of the owner(s) thereof. In the event that personal service cannot be accomplished, as aforesaid, after reasonable efforts, notice shall be accomplished by posting a public notice on the property.

The notice shall provide that corrective action shall commence within thirty (30) days or less of the receipt or posting of said notice, unless an extension is granted by the Commission, and shall be completed within a reasonable period of time. The notice shall state that the owner(s) of record of the subject property, or any person having any right, title, or interest therein, may, within ten (10) days, request a hearing on the necessity of preventing demolition by neglect. If no request for hearing is received within this time period, the notice shall become final.

In the event a public hearing is requested, it shall be held by the Commission upon thirty (30) days' written notice mailed to the owner(s) of record, all persons having any right, title, or interest in the subject property, the occupant or other person responsible for the maintenance of the property, and all citizens and organizations which the Commission reasonably finds may have an interest in the proceedings.

The Commission shall not require structures of little historical or design significance within a Historic District to be preserved unless demolition would seriously impair the character of the Historic District. After the public hearing on the issue of the necessity of preventing demolition by neglect, if the Commission still finds that demolition should be prevented, it shall instruct the Director to issue a final notice to be mailed to the owner(s) of record, all persons having any right, title, or interest in the subject property, and the occupant or other person responsible for the maintenance of the property, in the manner prescribed in Section 29-113(b), stating the items of repair and maintenance necessary to correct or prevent further deterioration, except as provided in Section 29-115.

The property owner(s) or other responsible person shall institute corrective action to comply with the final notice within thirty (30) days of receipt of the revised notice, unless an extension is granted by the Commission.

In the event that the Commission finds that, notwithstanding the necessity for preventing demolition by neglect, the action provided for in Section 29-114(c) would impose a substantial undue hardship on the owner(s) of record of the subject property, the Commission shall seek alternative methods to preserve the historic resource. If none are confirmed within a reasonable time, the Director shall not proceed in accordance with Section 29-114(b), but shall issue the permit. However, the Historic Preservation Commission shall be permitted to make measured drawings and photographs, or on-site documentation by some other method within a mutually agreeable period of time.

Upon failure, neglect, or refusal of the property owner or other responsible person, duly notified, to take the corrective action specified in the final notice, the Director is hereby authorized and empowered to institute, perform, and complete the necessary remedial work to prevent further demolition by neglect, and to defray the costs thereof, as hereinafter provided.

When the County has completed the necessary remedial work to prevent further demolition by neglect, or has paid for its completion, the actual cost thereof, if not paid by the property owner(s) or other responsible person prior thereto, shall be charged to the owner(s) of record of such property on the next regular tax bill forwarded to such owner(s), and said charge shall be due and payable by said owner(s) at the time of payment of the tax bill.

When the full amount due the County is not paid by the property owner(s) when due, the Director shall cause to be recorded in the Office of the Treasurer of Prince George's County a sworn statement showing the cost and expense incurred for the work, the date(s) upon which the work was done, and the location of the property on which the work was done. Such notice shall result in a tax lien being placed against the affected property which shall be collected in the same manner as the County taxes on such real property.