§ 32-7-303. FINAL COUNTY LANDMARKS LIST - ADOPTION.

(a)

Adoption. The County Council may adopt a final county landmarks list.

(b)

Structures for consideration. The County Council may consider any structure or portion of a structure for inclusion on the final county landmarks list if the structure was subject to the notice and hearing requirements of § 32-7-302(c) of this subtitle.

(c)

Notice and hearing.

(1)

(i)

The County Council shall conduct public hearings to determine if the structures on the list should be included on the final county landmarks list.

(ii)

The County Council shall give at least 20 days advance notice of a hearing on the final county landmarks list, including publication in a newspaper of general circulation.

(2)

(i)

At least 30 days before the hearing, the commission shall notify the owner of each property of the time and place of the hearing.

(ii)

The notice to the property owner shall be sent by certified mail, return receipt requested, to the owner.

(iii)

If service of the notice is unsuccessful, notice subsequently may be sent by regular mail, postage prepaid.

(3)

During the period of notice, the preliminary county landmarks list shall be available in the Department of Planning or at another public place as the County Council may designate for public inspection.

(d)

Council action.

(1)

(i)

The County Council shall adopt a final county landmarks list within 90 days after the public hearing.

(ii)

If the County Council does not adopt a structure on the preliminary county landmarks list for inclusion in the final county landmarks list within 90 days after the public hearing:

1.

Preliminary county landmark status is revoked;

2.

If applicable, the structure is deemed removed from the county inventory; and

3.

The structure may not be nominated for inclusion on the county inventory or the preliminary county landmarks list by any person other than the owner for three years after the 90th day.

(2)

A structure may not be deemed to be a county landmark unless and until it has been so designated by a law subject to the provisions of Section 308 of the Charter.

(e)

Availability of the list. The final county landmarks list shall be available for public inspection in the Department of Permits, Approvals and Inspections, the Department of Planning, the Land Records Office of the county, all branches of the county public library, and in the office of the Commission.

(1988 Code, § 26-540) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 6-99, § 1, 3-20-1999; Bill No. 112-02, § 2, 7-1-2004; Bill No. 26-07, § 3 4-29-2007; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 55-11, §§ 1, 2, 10-16-2011)

Editor's note:
  Section 4 of Bill No. 26-07 provides that the provisions of § 32-7-303(d)(1)(ii) of the Baltimore County Code, 2003 shall apply retroactively to any structure placed on the preliminary county landmarks list before the effective date of this Act.